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2022.05.03 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 29, 2022 City Council Meeting Schedule Tuesday, May 3, 2022 Time Meeting Location 6:30 p.m. City Council work session to discuss: 1. Electric vehicle charging options. 2. Constituent issues update. 3. New business. 4. Announcements. Council Chambers/ Zoom 7 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 The public may attend the meetings via Zoom by connecting to them through one of the methods identified below. Topic: Crystal City Council work session, City Council meeting, continuation of City Council work session, if necessary. Time: May 3, 2022, 6:30 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89405981026?pwd=RVBaS2IvNENlSlNkbHlpZVlNdytGUT09 Meeting ID: 894 0598 1026 Passcode: 414141 One tap mobile +19292056099,,89405981026#,,,,*414141# US (New York) +13017158592,,89405981026#,,,,*414141# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 894 0598 1026 Passcode: 414141 Find your local number: https://us02web.zoom.us/u/kb2QBhBhgD Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 29, 2022 City Council Work Session Agenda Tuesday, May 3, 2022 at 6:30 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 Tuesday, May 3, 2022 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 work session will be continued and resumed immediately following the regular City Council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, May 3, 2022. I. Attendance Council members Staff ____ Budziszewski ____ Norris ____ Cummings ____ Therres ____ Kiser ____ Gilchrist ____ LaRoche ____ Elholm ____ Parsons ____ Larson ____ Adams ____ Ray ____ Banks ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Electric vehicle charging options. 2. Constituent issues update. 3. New business. * 4. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: May 3, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Electric vehicle charging stations Summary Earlier this year the City was approached by a private company about installing electric vehicle charging stations at various City facilities. In April, the vendor gave a presentation to the Environmental Quality Commission on the potential agreement. Before considering electric vehicle charging any further, staff want to check in with the Council. Fundamentally, there are two basic options for electric vehicle charging stations. Option 1 is the City owns the electric vehicle charging stations and would be responsible for installation, operation, and maintenance costs. Option 2 is that the City permits a private vendor to install, own, and operate the charging stations at City facilities. Equity considerations If the City were to own, operate and maintain the electric vehicle charging stations, then City taxpayers would be subsiding, primarily the capital cost, owners of electric vehicles. Alternatively, if the City permits a private vendor to install the charging stations at City facilities, then the City could generate a very small amount of revenue that could be dedicated to something, such as parks. Potential locations 1) City Hall 2) Community Center 3) Public Works 4) Bassett Creek Park 5) Dog Park 6) Becker Park – West Lot 7) Bass Lake Parking Lot Recommended Action Staff is looking for the direction from the Council: 1) Is the Council interested in pursuing electric vehicle charging stations? Yes or No 2) If yes, is there a preference on City-owned or permitting a 3rd party vendor via an agreement? Page 1 of 2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 29, 2022 City Council Meeting Agenda Tuesday, May 3, 2022 7 p.m. Council Chambers/Zoom Meeting The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda. 3. Proclamations 3.1 The Mayor will proclaim May 4, 2022 as Arbor Day in the City of Crystal. 3.2 The Mayor will proclaim May 5, 2022 as National Day of Prayer in the City of Crystal. 3.3 The Mayor will proclaim May 15 – 21, 2022 as Police Week in the City of Crystal. 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The City Council work session on April 19, 2022. b. The City Council meeting on April 19, 2022. 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 Adoption of a resolution accepting a donation. 4.4 Adoption of a resolution approving a one-year extension of a conditional use permit for the Adath Jeshurun cemetery pavilion at 3700 Winnetka Ave. N. 5. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas). Page 2 of 2 6. Public hearing 6.1 The Mayor will open a public hearing to receive comment, and the Council will consider approval of a new off-sale liquor license for Abi Saab and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits located at 4920 West Bdwy. Mr. Abi Saab is the new owner of Crystal Wine and Spirits and has applied for a new off- sale liquor license for that property. The application is complete and staff recommends approval of the new off-sale liquor license for 4920 West Bdwy, after the Council receives public comment during the public hearing. 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 the first reading of an ordinance establishing a Diversity and Inclusion Commission. The Council has spent recent work sessions discussing a Diversity and Inclusion Commission and at its April 19 work session, finalized the name and responsibilities of this commission. Recommend approval of the first reading of the ordinance establishing a Diversity and Inclusion Commission (the bylaws for the commission will be considered when the Council considers the second reading of the ordinance on May 17). 8. Announcements a. The Parks and Recreation Commission is hosting the annual Arbor Day celebration on Wednesday, May 4 at 6 p.m. at Bass Lake Park, 5601 Xenia Ave. N. b. Metro Transit and Hennepin County are having a community meeting about the Blue Line Extension on Thursday, May 5 from 5 - 7 p.m. at the Crystal Community Center. c. The next City Council meeting is Tuesday, May 17 at 7 p.m. in the Council Chambers at City Hall and via Zoom. d. The Celebrating Women-Owned Business Expo is Saturday, May 21 from 10 a.m. – 2 p.m. at Sacred Heart Church, 4087 West Bdwy. e. 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 Tuesday’s meeting. PROCLAMATION 2022 CRYSTAL ARBOR DAY CELEBRATION MAY 4, 2022 WHEREAS, Crystal is a Tree City and has been a Tree City since 1998; and WHEREAS, the Crystal Parks & Recreation Commission serves as Crystal’s Tree Board; and WHEREAS, as Crystal’s Tree Board, the Parks & Recreation Commission holds an annual community event to recognize the importance of trees in our community, and to provide information to residents on the role trees play in filtering our air and water, fostering biodiversity, and strengthening our communities. WHEREAS, this year’s Crystal Arbor Day Celebration will be Wednesday, May 4 at 6 p.m. at Bass Lake Park; located at 5625 Xenia Avenue North and includes: •Park clean-up; •Information on forestry efforts in Crystal; •Tree planting at Bass Lake Park; •Distribution of free Arbor Day trees; and WHEREAS, the City of Crystal wishes to promote the Parks & Recreation Commission, the Crystal Tree Board and the Arbor Day Celebration. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim May 4, 2022, as ARBOR DAY in the city of Crystal. Dated this 3rd day of May, 2022. ________________________________ Jim Adams, Mayor 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 3.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov PROCLAMATION RECOGNIZING MAY 5 AS NATIONAL DAY OF PRAYER IN CRYSTAL WHEREAS, throughout our country’s history, citizens of many religions and beliefs have turned to prayer for strength, hope, and guidance; and WHEREAS, the First Amendment of our United States Constitution protects the rights of free speech and religious liberty, including the right of all citizens to pray; and WHEREAS, the United States observes an annual National Day of Prayer on the first Thursday in May to recommit to the core freedoms that defined and guided our country from its earliest days and to celebrate that we can exercise our convictions freely regardless of faith or belief. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim May 5 as the National Day of Prayer in Crystal and that Crystal residents are invited to give thanks, consistent with their own faiths, for our many freedoms. Proclaimed this May 3, 2022. ________________________________ Jim Adams, Mayor 3.2 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and City Council FROM: Stephanie K. Revering, Chief of Police DATE: April 28, 2022 SUBJECT: 2022 Police Week MMEEMMOORRAANNDDUUMM As you are aware, we annually celebrate and honor police officers during National Police Week. This year, Police Week is May 15 - 21, 2022. Attached is a proclamation in which we request Mayor Adams to read at the May 3, 2022 City Council meeting to honor those officers who have lost their lives in the line of duty and to honor those officers serving their communities honorably with compassion, integrity, and professionalism. Thank you! 3.3 "NATIONAL POLICE WEEK" MAY 15 - 21, 2022 "PEACE OFFICER MEMORIAL DAY" MAY 15, 2022 WHEREAS, the week of May 15 to 21, 2022, is National Police Week in the United States. WHEREAS, there are over 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Crystal Police Department. WHEREAS, over 58,000 assaults against law enforcement officers are reported each year, resulting in over 17,000 injuries. WHEREAS, since the first recorded death in 1791, a total of 22,610 law enforcement officers in the United States have made the ultimate sacrifice and died in the line of duty, including 298 Minnesota law enforcement officers. WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Memorial in Washington, D.C. WHEREAS, 619 new names of fallen heroes, including four officers from Minnesota, are being added to the National Law Enforcement Memorial this spring, including 472 line of duty deaths in 2021 and 147 officers who died in previous years but whose stories of sacrifice had been lost to history until now. WHEREAS, May 15th is designated as Peace Officer Memorial Day in honor of all the fallen officers and their families, and U.S. flags should be flown at half-staff. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, hereby recognize May 15 – 21, 2022 as NATIONAL POLICE WEEK in the City of Crystal, MN and call upon the people of Crystal to observe this week in honor of the men and women whose diligence and professionalism keep the residents and City of Crystal safe. ___________________________ Jim Adams, Mayor Dated: this 3rd day of May, 2022. 3.3 Crystal City Council work session minutes April 19, 2022 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 6:15 p.m. on April 19, 2022 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: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Council Member Banks was present via Zoom. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, Communications Coordinator M. Peterson, Police Chief S. Revering, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, and City Clerk C. Serres. Assistant City Manager K. Therres and Public Works Director M. Ray were present via Zoom. II.Agenda The Council and staff discussed the following agenda items: 1.Inclusion/multicultural advisory commission. 2.Constituent issues update. 3.City Manager check-in. 4.New Business. 5.Announcements. III.Adjournment The work session adjourned at 6:53 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(a) Crystal City Council meeting minutes April 19, 2022 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 19, 2022 at 7 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: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Council Member Banks was absent. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Recreation Director J. Elholm, IT Systems Administrator M. Haga, West Metro Fire-Rescue District Chief S. Larson, Communications Coordinator M. Peterson, Police Chief S. Revering, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, and City Clerk C. Serres. Assistant City Manager K. Therres and Public Works Director M. Ray were 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 LaRoche and seconded by Council Member Parsons to approve the agenda. Motion carried. 3.Appearances 3.1 The Mayor recognized recipients of the 2022 Neighbors Recognizing Neighbors awards. Communications Coordinator Mike Peterson shared a video presentation which was created to honor the award recipients and their contributions to the community. Award recipients Garnet Barnett and Dean Birkolz addressed the Council and expressed their gratitude for their awards. 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 session on April 5, 2022. b. The City Council meeting on April 5, 2022. c. The City Council work session on April 7, 2022. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of Res. No. 2022-30, designating how American Rescue Plan Act funds will be designated. 4.1(b) Crystal City Council meeting minutes April 19, 2022 Page 2 of 3 4.4 Approval of Res. No. 2022-31, authorizing the Master Partnership Contract with the Minnesota Department of Transportation. 4.5 Approval of Res. No. 2022-32, authorizing the professional services contract for work at the Golden Valley and Crystal Joint Water Commission pump houses. Moved by Council Member Kiser and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 5. Open Forum The following person addressed the Council: • Bonnie Bolash, 4060 Hampshire Ave. N., shared information about an upcoming event related to women-owned businesses. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to approve the list of disbursements over $25,000. Voting aye: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Absent, not voting: Banks. Motion carried. 6.2 The Council considered a resolution approving the replacement of gym windows at the Crystal Community Center. Recreation Director John Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2022 – 33 RESOLUTION IN SUPPORT OF REPLACING SKYLIGHT/WALL PANELS IN THE GYM AT THE CRYSTAL COMMUNITY CENTER Voting aye: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Absent, not voting: Banks. Motion carried, resolution declared adopted. 6.3 The Council considered a resolution approving pickleball and basketball court improvements at Becker Park. Recreation Director John Elholm addressed the Council. Moved by Mayor Adams and seconded by Council Member Cummings to adopt the following resolution: 4.1(b) Crystal City Council meeting minutes April 19, 2022 Page 3 of 3 RESOLUTION NO. 2022 – 34 RESOLUTION IN SUPPORT OF PICKLEBALL AND BASKETBALL COURT IMPROVEMENTS IN BECKER PARK Voting aye: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Absent, not voting: Banks. Motion carried, resolution declared adopted. 6.4 The Council considered a resolution approving the purchase of replacement security cameras for the recreation department. IT Systems Administrator Matt Haga addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 35 APPROVING THE PURCHASE OF RECREATION DEPARTMENT SECURITY CAMERAS DOCUMENTED IN THE CAPITAL REPLACEMENT PLAN Voting aye: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Absent, not voting: Banks. Motion carried, resolution declared adopted. 7. Announcements The Council made announcements about upcoming events. 8. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 7:46 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Chrissy Serres, City Clerk 4.1(b) Page 1 of 1 City of Crystal Council Meeting May 3, 2022 Applications for City License Rental – New 6130 Hampshire Ave. N. – Paul and Nichole Springer (Conditional) 6001 56th Ave. N. – R & G Housing (Conditional) 6017 56th Ave. N. – R & G Housing (Conditional) Rental – Renewal 3612 Adair Ave. N. – Reill Properties LLC 5415 Angeline Ave. N. – Anna Novak (Conditional) 3821 Douglas Dr. N. – Tammy Duggan 4841 Florida Ave. N. – Jason Flaa (Conditional) 3917 Hampshire Ave. N. – Jonathan Berndt 4155 Hampshire Ave. N. – Ryan Hardy 4818 Hampshire Ave. N. – Fruen and Pfeiffer LLP (Conditional) 5301 Hampshire Ave. N. – Legacy RE Group LLC (Conditional) 5942 Idaho Ave. N. – MNSF (Conditional) 4849 Louisiana Ave. N. – Pradeep Khakural (Conditional) 3421 Major Ave. N. – William Feist (Conditional) 4848 Maryland Ave. N. – Fruen and Pfeiffer LLP (Conditional) 5733 Nevada Ave. N. – Nicole Arvold 5847 Quebec Ave. N. – LSF8 Master Participation TR (Conditional) 5765 West Broadway – MNSF (Conditional) 5810 West Broadway – MNSF (Conditional) 4730 Xenia Ave. N. – Ryan McArton 5750 Yates Ave. N. – MNSF (Conditional) 6600 46th Pl. N. – Fruen and Pfeiffer LLP (Conditional) 7733 58th Pl. N. – Justin Sutkowski Tree Trimmer A+ A Tree and Landscape LLC, P.O. Box 42, Osseo, MN 55369 Yes! Trees LLC, 9201 Pineview Lane N., Maple Grove, MN 55369 4.2 CITY OF CRYSTAL RESOLUTION NO. 2022 - RESOLUTION ACCEPTING A DONATION FROM CRYSTAL FUND FOR COMMUNITY PROGRESS 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: Donor Purpose Amount Crystal Fund for Community Progress Arbor Day trees $1,120 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named for their generous donation. Dated: May 3, 2022 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Christina Serres, City Clerk 4.3 3700 WINNETKA AVENUE NORTH – EXTENSION FOR CONDITIONAL USE PERMIT PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for May 3 Meeting) DATE: April 28, 2022 RE: Consider adoption of a resolution approving a 1-year extension for a conditional use permit to allow Adath Jeshurun Congregation to construct a cemetery pavilion at 3700 Winnetka Avenue North A.INTRODUCTION Adath Jeshurun Congregation is asking for approval of a one-year time extension for their conditional use permit (CUP) that was approved by the City Council on May 18, 2021 to build a pavilion at Adath Chesed Shel Emes Cemetery at 3700 Winnetka Avenue North. According to city code section 510.19 the City Council can grant a 1- year extension for CUPs and a public hearing is not required for this approval. Attachments: A.Adath Jeshurun Congregation extension request B.Resolution COUNCIL STAFF REPORT CUP Extension - Cemetery Pavilion 4.4 3700 WINNETKA AVENUE NORTH – EXTENSION FOR CONDITIONAL USE PERMIT PAGE 2 OF 3 Location Map and 2020 Aerial Photo: 4.4 3700 WINNETKA AVENUE NORTH – EXTENSION FOR CONDITIONAL USE PERMIT PAGE 3 OF 3 B.REQUESTED EXTENSION The applicant’s CUP approval expires on May 18, 2022. City Code section 510.19, allows the City Council to approve a 1-year extension if the following information is provided: 1.An explanation of what, if any, good faith eff orts have been made to complete the site plan process. 2.The anticipated completion date. The applicant has indicated in their request letter (attachment A) that because of the pandemic their pavilion project has been put on hold due to escalated constructi on costs, but they are still planning to move forward with receiving building permit approval by May 18, 2023 to construct the pavilion at 3700 Winnetka. C.REQUESTED ACTION City Council motion is requested to approve the proposed resolution (attachment B). 4.4 Attachment A 4.4 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022 -________ RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT AT 3700 WINNETKA AVENUE NORTH WHEREAS, Adath Jeshurun Congregation (“Applicant”) submitted a request for a one-year time extension to commence construction of a cemetery pavilion pursuant to a conditional use permit approved by the City Council on May 18, 2021 in Resolution 2021 - 45 (“CUP”) at 3700 Winnetka Avenue North in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, Subsection 510.19, subd. 7(b) of the Crystal City Code indicates that a conditional use permit expires if the Applicant has not received a building permit for the CUP within one year of the approval, but it also provides for an Applicant to request, and the City Council to approve, an extension of up to one-year to that time limit; and WHEREAS, the City Planner’s report dated April 28, 2022 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this Resolution; and WHEREAS, the request indicates the current emergency has delayed construction plans, but if the extension is approved the Applicant intends to obtain a building permit prior to May 18, 2023 and to construct the tower in the Spring of 2023; and WHEREAS, the City Council finds that the one-year time extension would be in compliance with the applicable rules and regulation s of the Crystal City Code and is reasonable under the circumstances. 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, hereby approves a one-year extension to commence construction of the cemetery pavilion approved in the CUP (Resolution 2021- 45) at 3700 Winnetka Avenue North, subject to compliance with all of the following conditions of approval: 1.One-year Time Extension. Due to the one-year time extension approved herein, the Applicant must receive a building permit for the tower by May 18, 2023 or the CUP shall be deemed expired and may no longer be relied upon by the Applicant. Attachment B 4.4 2.Existing Conditions. This extension does not alter any of the conditions placed on the CUP and the Applicant, as well as i ts successors and assigns, shall continue to be bound by the requirements and limitations imposed by those conditions. Adopted by the Crystal City Council this 3rd day of May 2022. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 4.4 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Adath Chesed Shel Emet Cemetery, and situate in Hennepin County, Minnesota. 4.4 EXHIBIT B Planner’s Report (attached hereto) 4.4 COUNCIL STAFF REPORT Public Hearing: May 3, 2022 Council Meeting Consideration of a new off-sale liquor license for Abi Saab and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits DATE: April 26, 2022 FROM: City Clerk Chrissy Serres TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of a new off-sale liquor license for Abi Saab and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits located at 4920 West Bdwy Background and application review On March 2, 2022, city staff received notice from the business owner of DKK, LLC that an ownership change occurred for Crystal Wine and Spirits. On Feb. 11, 2022, Mr. Joe Abi Saab assumed ownership of the business and began operation; however, a new off-sale liquor license application was not received by staff prior to the change in ownership. City staff informed Mr. Abi Saab that operation of a liquor establishment without proper licensure is a violation of state laws and city ordinances. As a result, Crystal Wine and Spirits has been closed since March 2, 2022. Mr. Abi Saab has submitted new off-sale liquor license application documents for Abi Saab and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits. Staff has reviewed the license application and the qualifications of the applicant meet the business licensing requirements within Crystal City Code, Section 1200. A background check was completed by the police department and Chief Revering finds no reason to prohibit issuance of the license. A public hearing notice was published in the StarTribune on April 22 and the SunPost on April 28, 2022 (Attachment A). Requested Council action Staff recommends approval of the new off-sale liquor license for Abi Saab and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits located at 4920 West Bdwy. 6.1 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING TO CONSIDER AN OFF-SALE LIQUOR LICENSE AT 4920 WEST BROADWAY Notice is hereby given that the Crystal City Council will hold a public hearing on May 3, 2022 at 7 p.m. in the Council Chambers located at 4141 Douglas Drive N., to consider an off-sale liquor license at 4920 West Broadway submitted by Abi Saab and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits. Anyone wishing to express a view either in person or in writing will be heard at the public hearing. Auxiliary aids are available for public meetings upon request to individuals with disabilities by calling the city clerk at 763-531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. City Clerk Chrissy Serres Attachment A 6.1 DATE:April 26, 2022 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount MN PERA Employee & city required contributions for 4/15/22 pay date $65,774.63 LOGIS Monthly application support/hosting, Microsoft renewal $54,325.21 Mansfield Oil Company Fuel for fleet $28,985.61 West Metro Fire Rescue District April contribution to West Metro Fire $113,656.47 Metropolitan Council Eviron Svs Wastewater services for May $142,050.57 SRF Consulting Group Bassett Creek dog park/parking design, CCC parking $34,042.12 $438,834.61 Description 7.1 CR205-30-794372.v2 Kennedy Troy J. Gilchrist 150 South Fifth Street Suite 700 Minneapolis MN 55402 (612) 337-9214 telephone (612) 337-9310 fax tgilchrist@kennedy-graven.com http://www.kennedy-graven.com & Graven C H A R T E R E D Also: St. Cloud Office 501 W. Germain Street, Suite 304 St. Cloud, MN 56301 (320) 240-8200 telephone MEMORANDUM To: Crystal City Council From: Troy Gilchrist, City Attorney Date: April 28, 2022 (May 3, 2022 Council Meeting) Re: Ordinance and Bylaws Establishing the Diversity and Inclusion Commission --------------------------------------------------------------------------------------------------------------------- The Council has engaged in several conversations and considered different proposals on the establishment of an advisory commission to advise it on matters of community outreach, equality, and civil rights. The Council reached a consensus on an ordinance and bylaws to establish the commission. The proposed ordinance is now before the Council for a first reading. The bylaws are for your information at this point and will be proposed for approval when the ordinance comes back for a second reading and adoption. During the work session, the Council was urged to change the proposed name of the commission to avoid confusion with the name of an existing City committee. The consensus was to name the commission the Diversity and Inclusion Commission (D&I Commission), which is reflected in the attached. There was also discussion about adding language to the bylaws about the potential for a member to be removed from the Commission for failure to attend meetings. The bylaws of most City commissions contain language along those lines. As such, the following was added to the proposed bylaws: 5.2 Meeting Attendance. The City Council may remove a Commission Member who fails to attend three consecutive meetings of the Commission without being excused by the Chair, City Manager, or City Clerk. Because the bylaws are not proposed for adoption at the meeting, the Council may direct any further edits it would like to see made before these come back for approval. Please feel free to let me know if there are any questions. 7.2 CR205-30-792002.v5 CITY OF CRYSTAL ORDINANCE No. 2022- AN ORDINANCE ESTABLISHING THE DIVERSITY AND INCLUSION COMMISSION The City of Crystal ordains: ARTICLE I. Legislative Findings. 1.01. Pursuant to Section 2.02 of the Crystal City Charter: “The council may by ordinance establish boards or commissions to advise the council.” 1.02. Chapter Ill, Section 305 of the City Code provides for the creation and operation of City commissions. 1.03. The City Council determines it in the best interests of the City to establish a commission to assist the City Council in fostering a community that is safe, welcoming to all members, and dedicated to protecting against civil rights violations and discrimination. ARTICLE II. Commission Established. The City Council hereby establishes a commission as follows: 2.01. Establishment. The Diversity and Inclusion Commission (“Commission”) is hereby established for the City of Crystal. The Commission may also be referred to as the “D&I Commission.” 2.02. Purpose. The purpose of the Commission is to promote and nurture a safe and welcoming community dedicated to fighting discrimination and civil rights violations by government, businesses, and other institutions doing business in the City of Crystal. 2.03. Duties. The Commission shall advise and make recommendations to the City Council in matters relating to outreach, equality, and civil rights. In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff and City Council, the Commission shall: (a) Regularly review and evaluate the City’s community outreach methods and activities to ensure messaging reaches all populations and provide inclusive participation opportunities. (b) Analyze the City’s processes, procedures, policies, and ordinances as directed by the City Council on matters of equality and civil rights. 7.2 Revised DRAFT 4-14-2022 1 CR205-30-792002.v5 (c) Inform the City Council of policies or practices that result in discrimination or adverse treatment of any citizens or businesses based on subjective or arbitrary standards, criteria, or requirements. Discriminatory policies or practices may include, but are not limited to, those based on participation or membership in a club, association, or other organization, a person’s political affiliations or beliefs, ideas or views expressed in social media postings, a person’s place of employment, limiting access to or use of credit or other financial resources, or through the implementation of environmental, social, and governance criteria. (d) Present to the City Council the results of the Committee’s findings and recommend changes to City programs, procedures, policies, or ordinances based on those results; (e) Communicate the City’s outreach, equality, and civil rights work, and facilitate community engagement and feedback as approved by the City Council; and (f) Facilitate discussion within the community on issues of equality and civil rights. 2.04. Members. The Commission shall be made up of seven members appointed by the City Council. Prospective members will participate in the application and interview process established by the City Council. The Commission shall be appointed on an at large basis. 2.05. Qualifications. Commission members must be residents of the City, or owners of businesses within the City, and be at least 15 years old. 2.06. Removal. Commission members may be removed from the Commission, with or without cause, upon a majority vote of the City Council. 2.07. Vacancies. The City Council will appoint to fill any vacancies occurring on the Commission. The person appointed to fill a vacancy shall serve the remainder of the unexpired term. 2.08. Reappointment. A member seeking reappointment shall be required to work through the application and interview process in the same manner as any other applicant for the position. 2.09. Term. Commission members shall be appointed to a three-year term. Terms shall commence on January l. A member shall serve until their successor is appointed and qualified. Terms shall be staggered as follows to help ensure continuity in the Commission’s work: (a) Two terms shall expire on December 31, 2023. (b) Two terms shall expire on December 31, 2024. 7.2 Revised DRAFT 4-14-2022 2 CR205-30-792002.v5 (c) Three terms shall expire on December 31, 2025. 2.10. Other Commissions. Commission members may not serve on other City boards or commissions concurrently with serving on the Commission. 2.11. Compensation. Commission members shall serve without compensation and are not eligible for reimbursement of expenses incurred in conducting the work of the Commission. 2.12. Liaisons. The Commission shall have a liaison as appointed by the City Council. 2.13. Operations. The Commission shall conduct itself in accordance with this ordinance, Section 305 of the City Code, and all other applicable laws and ordinances. ARTICLE Ill. Effective Date. This ordinance is effective upon adoption and 30 days after publication. This is a special ordinance and shall not be codified in the City Code. First Reading: _______, 2022 Second Reading: _____, 2022 Publication: _________, 2022 Effective Date: _______, 2022 BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 7.2 1 CR205-30-792002.v5 CITY OF CRYSTAL DIVERSITY AND INCLUSION COMMISSION BYLAWS AND OPERATIONAL PROCEDURES ARTICLE 1 MISSION AND DUTIES 1.1 Mission. The Crystal City Council adopted Ordinance No. 2022-__ (“Ordinance”) on 2022 to establish the Diversity and Inclusion Commission (“Commission”). The Commission may also be referred to as the “D&I Commission.” The Ordinance is attached to and made part of these Bylaws and Operational Procedures (“Bylaws”). The mission of Commission is to represent our multicultural community, to promote and nurture a safe and welcoming community dedicated to fighting discrimination, civil rights violations by government, businesses, and other institutions doing business in the City of Crystal. 1.2 Duties. The Commission is advisory to the City Council and its duties are set out in the Ordinance. The Commission must conduct its business in accordance with Section 305 of the Crystal City Code and other applicable laws. ARTICLE II MEMBERS AND TERMS 2.1 Appointment of Members. The City Council is to appoint seven members to the Commission. The City Council evaluates potential members using the application and interview process established by the City Council. The appointed members serve at the pleasure of the City Council, are volunteers (not City employees), and are not entitled to any compensation or reimbursement of expenses. Only members personally present at a meeting may vote, no proxies or alternate members are allowed. 2.2 Terms. Appointments are made effective January 1 of each year. The City Council shall appoint regular members of the Commission for three-year staggered terms. The terms of Commission members are fixed and determined at the time of appointment in accordance with the Ordinance. The City Council fills any vacancies that may occur by appointment for the unexpired terms. A vacancy shall be deemed to exist if a regular member ceases to meet residency requirements. ARTICLE III OFFICERS 3.1 Officers. The Commission shall elect a Chairperson and Vice-Chairperson from among its members at its regular annual meeting (no later than the second meeting after January 1 in each 7.2 2 CR205-30-792002.v5 year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate duties of their position to other Commissioners as deemed appropriate by the Commission. (a) Chair Responsibilities. The Chair is responsible for the following: (1) Working with staff liaisons to develop meeting agendas; (2) Conducting and presiding at all meetings; (3) Ensuring the Commission conducts its activities within the stated mission and bylaws of the Commission; (4) Monitoring and ensuring the progress of the Commission; and (5) Reporting to the City Council. (b) Vice-Chair Responsibilities. The Vice-Chair is responsible for the following: (1) Performing the duties of the Chair in the absence or incapacity of the Chair; and (2) Performing all other duties as prescribed by the Commission. ARTICLE IV MEETINGS 4.1 Meetings. All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City Code. This means all discussion of Commission business among a quorum of members must occur at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion; however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. 4.2 Regular Meeting. The regular meeting of the Commission shall be held on the second Wednesday of every month at City Hall at 6:30 pm. The Commission may, by a majority vote, 7.2 3 CR205-30-792002.v5 change its regular meeting dates or times for any reason provided proper public notice of the change is provided. 4.3 Annual meeting. The annual meeting of the Commission shall be a regular meeting, typically the first meeting after January 1 of each year, at which time officer elections will be held. 4.4 Special Meetings. A special meeting of the Commission may be called by the Chair, two members, or by the City Council for the purpose of transacting any business designated in the meeting notice. The notice for all special meetings shall be posted in compliance with the Minnesota Open Meeting Law. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. 4.5 Attendance. Members are expected to attend all meetings, including the annual Commission meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the Chair. Staff liaison will track attendance at each meeting. 4.6 Agenda. The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison, or at the request of the City Council. Residents, businesses, and other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on the agenda for consideration. Agenda topics requested by other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. The agenda shall be approved at each meeting prior to discussion of any items on the agenda. At the time of agenda approval, items may be removed, and the order of business may be modified by a majority vote of members present at the meeting. No item shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 4.7 Recordkeeping. All minutes and resolutions shall be in writing and shall be kept in accordance with applicable laws, rules, and City procedures. 4.8 Work Plan. The Commission will draft an annual work plan that details proposed activities and projected timelines for the upcoming year. The Commission shall submit the work plan to the City Council for review and approval. The Commission shall annually report to the City Council on its progress completing the items identified in the approved work plan. ARTICLE V PERFORMANCE 5.1 Performance of Duties. Commission Members are expected to adequately prepare for and attend meetings. Commission Members unable to complete an assigned task should notify Commission chair as soon as possible. The Commission staff liaison may ask the City Council to 7.2 4 CR205-30-792002.v5 review a Commission Member’s appointment based upon their assessment of significant lack of performance. 5.2 Meeting Attendance. The City Council may remove a Commission Member who fails to attend three consecutive meetings of the Commission without being excused by the Chair, City Manager, or City Clerk. ARTICLE VI ADVISORY 6.1 Advisory. The Commission is advisory to the City Council. The Commission has no other official status or independent authority other than to gather, discuss, and make recommendations to the City Council. ARTICLE V II AMENDMENTS AND REVISIONS 7.1 Amendments and Revisions. The Commission will review these bylaws no later than the second meeting after January 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended by any regular monthly Commission meeting with a majority of members present, provided that notice of proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Adopted on the _____ day of _____________, 2022. Chairperson 7.2