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2022.06.21 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 17, 2022 City Council Meeting Schedule Tuesday, June 21, 2022 Time Meeting Location 6 p.m. City Council work session to discuss: 1. Update from Three Rivers Park District on the Canadian Pacific Rail Regional Trail master planning project. 2. Electric vehicle charging station options. 3. 6:45 p.m. - commission applicant interview. 4. City manager monthly check-in. 5. Constituent issues update. 6. New business. 7. Announcements. Council Chambers/ Zoom 7 p.m. City Council meeting Council Chambers/ Zoom Immediately following the City Council meeting Economic Development Authority (EDA) meeting Council Chambers/Zoom Immediately following the EDA 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, EDA meeting, continuation of City Council work session, if necessary. Time: June 21, 2022, 6 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84801377950?pwd=RCtSK0M5QXgrek50WlI3VUZiN2pCdz09 Meeting ID: 848 0137 7950 Passcode: 414141 One tap mobile +19292056099,,84801377950#,,,,*414141# US (New York) +13017158592,,84801377950#,,,,*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: 848 0137 7950 Passcode: 414141 Find your local number: https://us02web.zoom.us/u/kbJOiNZs1L 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: June 17, 2022 City Council Work Session Agenda Tuesday, June 21, 2022 at 6 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, June 21, 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 Economic Development Authority 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, June 21, 2022. I. Attendance Council members Staff ____ Parsons ____ Norris ____ Sutter ____ Adams ____ Therres ____ Serres ____ Banks ____ Gilchrist ____ Budziszewski ____ Elholm ____ Cummings ____ Larson ____ Kiser ____ Ray ____ LaRoche ____ Revering II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Update from Three Rivers Park District on the Canadian Pacific Rail Regional Trail master planning project. 2. Electric vehicle charging station options. 3. 6:45 p.m. - commission applicant interview. 4. City manager monthly check-in. 5. Constituent issues update. 6. New business. * 7. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 16, 2022 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: CP Rail Regional Trail Update Three Rivers Park District has begun planning for the CP Rail Regional Trail; a future paved, non- motorized trail that will eventually go from Becker Park in Crystal to the Minnesota River in Bloomington. This new regional trail will connect to the Crystal Lake Regional Trail and Bassett Creek Regional Trail in Crystal; along with several other regional trails to the south. While originally intended to follow the CP Rail Corridor, current planning efforts are reviewing trail options within ½ mile of the corridor. The current planning focus is the section through Crystal, New Hope and Golden Valley – to connect Becker Park in Crystal to the Luce Line Regional Trail in Golden Valley. Three Rivers Park District staff attended community events this spring to build awareness of the project and collect input on preferred destinations. They also met with city staff, the park and recreation commission and the planning commission to review potential route alternatives. Additional public input on the regional trail plan will take place over the summer. Staff from Three Rivers Park District will present information at the work session; including planning efforts to date, initial route options being considered and next steps in the planning process. CP Rail Regional Trail: Golden Valley/New Hope/Crystal Luce Line RT to Crystal Lake RT Segment (Segments E and F) May/June 2022 Update Three Rivers Park District Co-Project Managers Kelly Grissman, Director of Planning Kelly.Grissman@threeriversparks.org Danny McCullough, Regional Trail System Manager Danny.McCullough@threeriversparks.org Brief Project Summary The CP Rail Regional Trail is envisioned as a north-south multi-use, non-motorized recreational corridor spanning from the Minnesota Valley State Trail in Bloomington to Crystal Lake Regional Trail in Crystal at Becker Park. The regional trail will be planned in segments to allow for thoughtful community engagement and detailed route analysis. This phase will focus on Segments E and F through Golden Valley, New Hope and Crystal between the Luce Line and Crystal Lake Regional Trails. The regional trail corridor was originally centered along the CP Rail line; however, this is not feasible for most of the corridor. Alternative routes will be identified and studied during the master planning process to determine which option best balances feasibility, cost, private property impacts, and safety. Initial Community Engagement: Awareness Building and Destination Preference Summary (May/June) Three Rivers staff attended a few community events that drew participants from all three communities to ask about where people want to walk, bike or visit and to start building awareness of the master planning work. A summary of this engagement is below. Event Background Feedback Summary Paso a Paso April 30 @ Cooper High School in New Hope Event was attended primarily by Spanish speaking community members as part of the Step To It Challenge Kick-Off • Generally people seemed excited about a new paved, off-road trail • About 180 people visited the Three Rivers table; however, few participated in the mapping activity due to familiarity with the project location as they were from an adjacent community and language barrier (instructions and icons were translated to Spanish but other map components like streets/park names were not). Bike Rodeo May 5 @ Golden Valley City Hall Event was attended primarily for youth ages 3-10 and their families to encourage and support safe youth bicycling • Parks and Community Centers, specifically Bassett Creek Park are popular, desired destinations. Schools and visiting friends and family were also desired popular, destinations. • About 65 people stopped by the project table. Of those that actively engaged: about half were under 10 years old and about a third were 35-59 years old. Vehicle Fair June 4 @ the Crystal Community Center Event was attended primarily by families with young children from Crystal and surrounding cities • Access to other parks and trails were the most desired destinations. • One family commented on the desire to not place the trail on any main roads such as Douglas or Winnetka due to traffic volumes and crossings to go east and west. • In total 25 comments, with over half coming from people 18-34 years old. Preliminary Route Review/Approval for Public Engagement (May/June) The project team comprised of Golden Valley, New Hope, Crystal, and Three Rivers staff as well as Toole, the project consultant, have identified three general routes (separate hand out) for preliminary review and for approval to proceed with public engagement. These routes were identified based on existing bike/trail/sidewalk plans, connectivity to parks/school/local destination, potential impact on adjacent properties, anticipated feasibility and project team input. This information will be shared and discussed at the commission and council meetings listed on the following page. City Meetings/Groups Golden Valley Open Space and Recreation Commission: May 23 City Council: June 14 (City staff will share the project information) New Hope Citizen Advisory Commission: June 14 City Council: June 20 Crystal Park and Recreation Commission: June 13 City Council: June 21 Tentative Community Engagement Plan: Route Review (July/August) Three Rivers is preparing a community engagement plan to gather input from the general public, existing regional trail users, adjacent property owners/residents and targeted community groups (youth/seniors, BIPOC, persons from households with an annual income of $50,000, Hispanic/Latino, and new residents (refugees/immigrants) through July and August. The offerings outlined in the draft working engagement plan are still being confirmed and will be modified to ensure participation from all identified groups. All dates/times/events are subject to change. Interested parties are encouraged to visit the project website (CP Rail Regional Trail Master Plan | Let's Talk Three Rivers (letstalkthreerivers.org)) to view the most current listing of upcoming engagement offerings, to learn more about the master planning efforts, and to provide comments online. Interested parties may request a private phone conference or virtual meeting with Three Rivers staff by emailing cprailregionaltrailmasterplan@threeriversparks.org. General Public (2 per city) City Community Event Golden Valley Farmers Market (July 10) Music in the Park/Ice Cream Social (July 11) New Hope New Hope Summer Theatre Off-Broadway Musical Theatre - Joseph and the Amazing Technicolor Dreamcoat (Fri or Sat between July 21-August 6) Farmers Market (Any July/Aug Sat except July 16) Crystal Crystal Farmers Market (Aug. 2) Crystal Frolics (July 28-31 – exact date/time TBD) Existing Regional Trail Users (min. 1 per city) Bassett Creek Regional Trail Pop Up Northwoods Park in New Hope (Aug. 17) Valley Place Park in Crystal (Aug. 5) Luce Line Regional Trail Pop Up Near Winnetka in Golden Valley (July 11) Near Douglas in Golden Valley (July 13) Adjacent Property Owners/Residents (variety of times/locations/dates/mechanisms) Crystal Summer Park Neighborhood Meeting Crystal Highlands Park (July 6) Virtual Lunch Hour Open House Zoom Mtg (tent. July 20) Evening Virtual Open House Zoom Mtg (tent. July 20) In-Person Open House In Person Mtg (tent. July 27) Small neighborhood block meetings Upon request and in partnership with a ‘neighborhood champion’. Neighborhood champion would be responsible to coordinate meeting date/time/location/invite with neighbors. Private Phone Conference or Virtual Meeting Upon request Targeted Community Groups (min. 2 community events and/or listening session per targeted community group, prefer to draw from entire project area when feasible. Engagement opportunities listed below are not yet confirmed and will change.) Youth Events Penny Carnival (July 29) Wet and Wild Fun Day Valley Place Park (Aug. 5) Crystal Soccer Camp (July 18-22 – exact date/time TBD) Golden Valley Little League/Girls Softball/Soccer (TBD) Listening Sessions Three Rivers Explorer Camp at Bassett Creek Park in Crystal (Week of Aug 22) Bike Rangers in Golden Valley (July 11, 18 or 25) Seniors Events Bingo and Food Truck Friday at New Hope City Hall (Aug 12) Listening Sessions Pedal Pushers in Golden Valley (TBD) Crystal Park/Event Volunteers Discussion (TBD) BIPOC Events Crystal Summer Park Neighborhood Meeting @ Broadway Park (Aug 3) New Hope Farmers Market (Any Sat in July/Aug except July 16) Becker Park Pop Up in Partnership with Three Rivers Disc Golf (July 17) or separately Listening Sessions TBD Households with annual income under $50,000 Events Prism Food Shelf Pop Up (TBD) Becker Park Pop Up in Partnership with Three Rivers Disc Golf (July 17) or separately Low Income/Affordable Housing Pop Up (Location/Date TBD) Listening Sessions New Hope Police Dep. Community Engagement (TBD) Hispanic/Latino Events Music in the Park: Salsa del Soul (Golden Valley on July 18 or New Hope on Aug. 10) North Lions Park Pop Up in Crystal (TBD) Crystal Soccer Camp (July 18-22 – exact date/time TBD) New Residents Events New Hope Farmers Market (Any Sat in July/Aug except July 16) Listening Sessions African Career, Education, & Resources Inc. (ACER) Bike Event (July/TBD) Engagement findings will be posted on the Let’s Talk website and shared with decision makers upon completion. City Support Requested (Ongoing) Three Rivers is requesting city/project team support on the following: - Assist with sharing project information via typical city communication channels - Attend virtual and in-person open houses - Help coordinate Three Rivers participation at city led events/programs - Keep local commissioners and council members informed of engagement opportunities and initial feedback CP Rail Regional Trail Master Plan-Crystal-New Hope-Golden Valley CP Rail Regional Trail Master Plan CRYSTAL •Currently focusing on Segments E and F –between Luce Line and Crystal Lake Regional Trails •Likely a year long process –with several check-ins and opportunities to provide project guidance along the way •The process will need to look at alternative routes outside of the CP Rail corridor •City Park Commission and City Council will be asked to approve routes for consideration. CP Rail Regional Trail Master PlanExample of Regional Trail Amenities Typical Rest Stop Wayfinding and Fix-it Bike Repair Stations B A C B CP RAIL REGIONAL TRAIL MASTER PLAN: Trail Route Review - SEGMENT E / SEGMENT FDouglas Drive NorthDouglas Drive North36th Avenue North36th Avenue North 42nd Avenue North42nd Avenue North Medicine Lake RoadMedicine Lake Road Winnetka Avenue NorthWinnetka Avenue North81 81 CRYSTALCRYSTAL NEW HOPENEW HOPE GOLDEN VALLEYGOLDEN VALLEY Future Trail Underpass (TH 55 at Perpich) Bassett Creek Park Isaacson Park New Hope Ice Arena Crystal Community Center YMCA A A B C C C A B CP RAIL REGIONAL TRAIL MASTER PLAN: Trail Route Review - SEGMENT E / SEGMENT FDouglas Drive NorthDouglas Drive North36th Avenue North36th Avenue North 42nd Avenue North42nd Avenue North Medicine Lake RoadMedicine Lake Road CRYSTALCRYSTAL NEW HOPENEW HOPE GOLDEN VALLEYGOLDEN VALLEYWinnetka Avenue NorthWinnetka Avenue North81 81 Future Trail Underpass (TH 55 at Perpich) Bassett Creek Park Isaacson Park New Hope Ice Arena Crystal Community Center YMCA A A A A CP RAIL REGIONAL TRAIL MASTER PLAN: Trail Route Review - SEGMENT E / SEGMENT FDouglas Drive NorthDouglas Drive North36th Avenue North36th Avenue North 42nd Avenue North42nd Avenue North Medicine Lake RoadMedicine Lake RoadWinnetka Avenue NorthWinnetka Avenue North81 81 CRYSTALCRYSTAL NEW HOPENEW HOPE GOLDEN VALLEYGOLDEN VALLEY Crystal Community Center Bassett Creek Park Future Trail Underpass (TH 55 at Perpich) Isaacson Park YMCA New Hope Ice Arena B B B B CP RAIL REGIONAL TRAIL MASTER PLAN: Trail Route Review - SEGMENT E / SEGMENT FDouglas Drive NorthDouglas Drive North36th Avenue North36th Avenue North 42nd Avenue North42nd Avenue North Medicine Lake RoadMedicine Lake RoadWinnetka Avenue NorthWinnetka Avenue North81 81 CRYSTALCRYSTAL NEW HOPENEW HOPE GOLDEN VALLEYGOLDEN VALLEY Bassett Creek Park Isaacson Park New Hope Ice Arena Crystal Community Center YMCA Future Trail Underpass (TH 55 at Perpich) C C C CP Rail Regional Trail Master PlanEngagement Plan General: •Project website with interactive map •Online “quick” survey •Virtual/ In person meetings with residents directly along route •Pop -up engagement and attendance at community events •Direct mailings/newsletters •Listening sessions/activities with underrepresented groups Events for Crystal Residents: •Bike Rodeo (May 5) •Vehicle Fair (June 4) •Farmers Market (Aug 2) •Crystal Frolics (July 30) CP Rail Regional Trail Master Plan-CrystalProcess and Schedule Project Phase Timeframe Park and Rec Commission Check-in City Council Check-in Kick Off Jan-April 2022 Route Identification April-June 2022 Help identify routes/destinations Approve routes for study/engagement Route Assessment/Public Engagement June-July 2022 No official check-in, but will be kept informed of opportunities/public sentiment Route Review/Approval Aug-Sept 2022 Will return with summary of engagement and preferred route 30-day Comment Period Fall 2022 N/A Master Plan Adoption Winter 2022-23 Resolution of Support will be requested CP Rail Regional Trail Master Plan QUESTIONS? Regional Trail Example –likely similar to Bassett Creek Regional Trail Memorandum DATE: June 21, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Electric vehicle charging stations continued discussion Summary At the May 3, 2022 City Council Work session, the Council discussed the potential for electric vehicle charging stations on city property. The Council indicated that they are interested in learning more about electric vehicle charging stations and directed staff to gather data on what other cities are doing. Attached to this memo are two surveys with information. 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. Due to the bids for the various parking lot projects being rejected a few weeks ago with construction being pushed to next year, there is no urgency to decide. 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. Attachments 1)Drive Electric Minnesota survey (https://driveelectricmn.org/) 2)City of Crystal informal neighboring city survey Council Discussion 1)Is the Council still interested in pursuing electric vehicle charging stations? Yes or No 2)If yes, is the preference permitting a 3rd party vendor via an agreement or City owned? 3)If yes, would the Council like a future work session with some short presentations from potential vendors? Recommended Action No formal actions are needed. Direction on the questions about is desired. City Charger Charging Access Charging Fee Charger Ownership Charger Vendor Apple Valley L2 Public + Fleet per kWh City owned & operated ChargePoint Bloomington L2 Public Access No Fee City owned & operated ChargePoint Eagan L2 Public + Fleet No Fee City owned ChargePoint Eden Prairie L2,L1 Public Access,Fleet Only No Fee,Hourly Rate City owned & operated ChargePoint,Tesla Edina L2 Public + Fleet,Fleet Only Elk River L2,DCFC Public + Fleet per kWh Third party owned & operated ChargePoint Falcon Heights Faribault L2,DCFC Public Access,Public + Fleet per kWh ZEF Energy Fridley L1,L2 Public + Fleet Limited Time No Fee City owned ChargePoint Golden Valley L2 Public + Fleet Hourly Rate City owned ChargePoint Grand Marais L2,DCFC Public Access Hourly Rate,Hookup Fee City owned & operated ZEF Energy Hackensack Hutchinson DCFC,L1 Public + Fleet per kWh City owned & operated ChargePoint Inver Grove Heights Lake City L2,DCFC Public Access Hookup Fee City owned & operated ZEF Energy Leech Lake Band of Ojibwe L2,DCFC Public Access Marine on St. Croix Minnetonka Oakdale Red Lake Red Wing DCFC Public Access No Fee City owned & operated Other Rochester L2 Public Access,Fleet Only No Fee City owned & operated Saint Paul Public Access Savage L2 Public Access per kWh City owned ChargePoint Shakopee L2 Public + Fleet City owned & operated State Contract Shoreview L2 Public Access Limited Time No Fee Leased by city ChargePoint Shorewood St. Louis Park L2 Public Access,Fleet Only No Fee City owned & operated ChargePoint Victoria White Bear Lake Winona L2 Public Access Flat Rate Woodbury L2 Fleet Only City Do you have any EV charging stations in your City on City property? Public or Privately Owned Other details Minnetonka Yes, 3 locations with multiple charges at the city hall campus (being installed right now). Public Xcel has a program that they pay the infrastructure to the locations and pour the concrete pad at no cost to us. We then purchased the charges that we will own and operate through Chargepoint. It’s all app based and we set the fees, however there are annual charges that come with using Chargepoint. Brooklyn Center No NA Edina Yes Public We have public chargers at City Hall, 2 liquor stores and a parking ramp. We are adding more this year. The stations are accessible 24/7 – 365. Charging sessions are free for the first 2 hours and 15 minutes. Time in excess of the free amount is charged to the user at a rate of $6.00/hour. The fee assists with self-regulation, discouraging excessive charging times, including overnight charging. Upon initial activation of the City’s first charging station, users were charging well beyond the 2 hour free limit. In some cases, charging overnight. As soon as the City activated the fee structure, excessive charging stopped almost immediately. We anticipate as use goes up, we will eventually need to remove the 2 free hrs. We don’t know when that will happen. We are trying to build community wide use first. The other thing I’ll mention is that while the amount of use past the 2 hour mark is limited, it does cover the cost of the first 2 hours free that the City pays for in electricity. Eventually this won’t be the case (we have four chargers open to the public now, and are adding four more this summer), but for now the 2 hours free is working and has been since we launched in 2020. ChargePoint Chargers and Software – we tried greenlots and are removing it this year. Keeps mal-functioning. Robbinsdale No NA There are privately owned ones at HyVee. Brooklyn Park No NA we are ordering at least 2 Ford Lighting ½ ton trucks. New Hope No NA St Louis Park Yes Public Free power. At City Hall, Rec Center, Nature Center. No tracking or Plymouth Yes Private - Carbon Solution Group About 115 charging spots in our parks and municipal areas free of charge to us. No risk to us and there is a profit sharing component. We put in $0. And for the spots they use they pay us a monthly rent fee. Carbon solutions will be building out this year and next. Maple Grove Yes Private - Blink Blink to install and operate four electric vehicle charging stations at transit center Hopkins Yes Not sure based on website Parking ramp and lots Golden Valley Yes Public currently have two charging stations (ChargePoints with app) that are city controlled. We’re starting to explore options for increasing the amount of chargers in city parks and campuses, and haven’t made any decisions yet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – JUNE 2022 Objective 1 – Strategic planning for continued implementation of Council priorities: o Thriving Business Community ▪ Open To Business assistance available ▪ Community Development staff a resource for local business community ▪ Several businesses opening or expanding; Community Development staff continuing to meet with developers regarding redevelopment opportunities where vacant or underutilized buildings are o Strong Neighborhoods ▪ Code enforcement – on-going ▪ Continued implementation of Master Parks System Plan improvements – grants for pickleball courts at Becker Park and soccer field at FAIR, working in other park improvements ▪ Home improvement loans/rebates available through CEE- on- going o Sound fiscal policies and practices ▪ Long term financial planning on-going ▪ Work on 2023-2024 budget in progress o Welcoming and inclusive community ▪ Council approved 1st reading of ordinance establishing inclusion and diversity commission 6/7/22 – second reading on 6/21/22 Objective 2 – Work-life balance o Connecting with neighboring city managers (met with new Robbinsdale manager 6/16) o Participate in metro and state professional organization to stay current with trends – attended State conference May 4 - 6 o Continue participation in peer group to hone professional skills (monthly meetings) o Decision to retire 10/28/22 –work session to discuss options for transition? Objective 3 – Monitor difficult conversations regarding Council effectiveness o Council had productive discussions regarding inclusion/diversity commission Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 17, 2022 City Council Meeting Agenda Tuesday, June 21, 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 July 4, 2022 as Independence Day in the City of Crystal. 3.2 The Mayor will proclaim July 2022 as Parks and Recreation Month in the City of Crystal. 4. Appearances 4.1 A representative of the Minnesota Recreation and Parks Association (MRPA) will present the City of Crystal with an MRPA Award of Excellence. 4.2 Deputy Police Chief Brian Hubbard will recognize Police Officers Armando Valenzuela and Cole Horner.* 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 June 7, 2022. b. The City Council meeting on June 7, 2022. 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 Adoption of a resolution accepting donations. 5.4 Approval of a third amendment to the purchase and development agreement for 5244 Scott Ave. N., extending the home completion deadline to Sept. 30, 2022. 5.5 Approval of a resolution establishing an Absentee Ballot Board for the 2022 elections. 5.6 Approval of a resolution appointing election judges for the 2022 elections. 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. Public Hearing 7.1. The Mayor will hold a public hearing to receive comment on and consider a resolution approving the proposed vacation of an easement for the Lombardy Addition. Noberg Homes, owner of the property at 6810 60th Ave. N., is proposing to subdivide the property into two residential lots for single family home construction. As part of the subdivision request, Noberg is requesting an existing easement be vacated and replaced with a new drainage and utility easement. Recommend approval of the vacation, contingent on approval of the new plat (agenda item #8.4). 8. Regular Agenda 8.1 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. 8.2 The Council will consider a resolution approving soccer field improvements at Fair School Park. The Parks Master Plan discusses improvements to the soccer field at FAIR School Park and there are funds in the capital plan for these improvements. The city was awarded an $80,000 Hennepin County Youth Sports grant towards the cost of this project. Recommend adoption of the resolution approving these improvements. 8.3 The Council will consider a resolution approving a setback variance at 4100 Hampshire Ave. N. The property owner of 4100 Hampshire Ave. N. (a corner lot) is planning a home addition and needs a 12’ variance to the south yard setback. The Planning Commission held a public hearing on this request at its June 13 meeting and unanimously recommended approval of the variance subject to the conditions outlined in the staff report. 8.4 The Council will consider a resolution approving the preliminary and final plat of Lombardy 2nd Addition to divide 6810 60th Ave. N. into two lots for new home construction. Noberg Homes, owner of the property at 6810 – 60th Ave. N., is proposing to replat the property into two lots to construct two new single-family homes. The Planning Commission held a public hearing on this request at its June 13 meeting and unanimously recommended approval of the subdivision subject to the conditions outlined in the staff report. Page 3 of 3 8.5 The Council will consider a resolution authorizing the purchase of a replacement training simulator system for the police department. The police capital fund includes funds for updates to the current training simulator system. After researching updates, it was determined it is more cost effective to purchase a replacement system. Recommend approval of the purchase of the replacement training simulator system for the police department. 8.6 The Council will consider the second reading and adoption of an ordinance establishing an Inclusion and Diversity Commission, and adoption of a resolution approving summary language of the ordinance for publication and consider a resolution approving the bylaws for the commission. The Council has spent many work sessions refining the definition, role and purpose of an Inclusion and Diversity Commission. At its June 7 meeting the Council approved the first reading of the ordinance establishing this commission. Recommend approval of the second reading of this ordinance, the resolution authorizing summary publication of the ordinance and the resolution approving the bylaws for this commission. 9. Announcements a. City offices are closed Monday, July 4 in observance of the Independence Day holiday. b. The City Council will hold a work session on Thursday, July 14 at 6:30 p.m. in the Council Chambers at City Hall and via Zoom. c. The next City Council meeting is Tuesday, July 19 at 7 p.m. in the Council Chambers at City Hall and via Zoom. d. 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. 10. Adjournment Have a great weekend; see you at Tuesday’s meeting. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • INDEPENDENCE DAY PROCLAMATION WHEREAS, on July 4, 1776, the Continental Congress approved the final wording of the Declaration of Independence; and WHEREAS, July 4, 1776 was the date that was on the original printed copies of the Declaration of Independence that was circulated throughout the young nation; and WHEREAS, the Declaration of Independence contains the principles of our country’s many freedoms, rights, and individuals’ responsibilities; and WHEREAS, in 1870, the United States Congress declared July 4 to be a national holiday to celebrate our nation and freedoms. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim Monday, July 4, 2022 as Independence Day in Crystal in recognition of the founding of our country, and I invite Crystal residents to celebrate and honor our many freedoms on July 4. Proclaimed this 21st day of June, 2022. ________________________________ Jim Adams, Mayor 3.1 PROCLAMATION DESIGNATION OF JULY 2022 AS PARK AND RECREATION MONTH IN CRYSTAL WHEREAS parks and recreation is an integral part of communities throughout this country, including Crystal; and WHEREAS parks and recreation encourages health and wellness by providing space for field and court sports, walking trails and many other activities designed to promote active lifestyles; and WHEREAS parks and recreation connects our community by creating welcoming community gathering places, community events and outreach, and WHEREAS parks and natural areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and improve mental health; and WHEREAS parks and recreation supports food access by providing infrastructure for community gardens, edible courtyards and farmers markets, and WHEREAS park and recreation programming and educational activities help foster childhood development and lifelong learning; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS the City of Crystal recognizes the benefits derived from parks and recreation resources in our community; NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim JULY, 2022, as PARK AND RECREATION MONTH in the city of Crystal. Dated this 21st day of June, 2022. ________________________________ Jim Adams, Mayor 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 3.2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 14, 2022 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Award of Excellence - North Lions Park Hockey Rink Project The Minnesota Recreation and Park Association (MRPA) is a professional organization that represents park and recreation professionals from across the State of Minnesota. The Awards Committee was created to acknowledge individual members and agencies for their excellence in the field of Parks, Recreation and Leisure Services. The ‘Awards of Excellence’ Program annually recognizes agencies and their staff for exemplary projects and programs. MRPA members may nominate a project in one of seven different categories. For 2021, the North Lions Park Hockey Rink Project was nominated in the Park and Facility category. The project includes: •Skating area with concrete base for better ice surface in the winter - and serves as a hard surface play space in the summer. •Dasher board system for hockey. •LED lighting system. •Accessible trails between rink, building and existing trails. One new activity made possible by the concrete rink is an RC car track during the summer. Funding for the RC car track came from an MRPF New Initiatives Grant. Funding for the hockey rink came from a Community Development Block Grant (CDBG), a Hennepin County Youth Sports Grant and the city’s capital parks fund. Tracy Petersen, Edina’s Assistant Director – Recreation and Facilities, will present a Minnesota Recreation and Park Association Award of Excellence for the North Lions Park Hockey Rink Project. 4.1 Crystal City Council work session minutes June 7, 2022 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:02 p.m. on June 7, 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: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Council Member Banks observed the meeting remotely via Zoom, but did not participate as a voting member. Council Member Kiser was absent. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Recreation Director J. Elholm , West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom. Also present was Chief Executive Officer Peter Leatherman from the Morris Leatherman Company. II.Agenda The Council and staff discussed the following agenda item s: 1.Review Inclusion and Diversity Commission ordinance. 3.Overview of Bassett Creek Park and other park improvements. Mayor Adams continued the work session to resume immediately after the City Council meeting. Mayor Adams resumed the work session at 7:34 p.m., at which time the Council and staff continued discussion of the following items: 2.Crystal Cove Aquatic Center pool survey results. 3.Overview of Bassett Creek Park and other park improvements. 4.Constituent issues update. 5.New business. 6.Announcements. III.Adjournment The work session adjourned at 8:38 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 5.1 (a) Crystal City Council meeting minutes June 7, 2022 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 June 7, 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: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Council Member Banks observed the meeting remotely via Zoom, but did not participate as a voting member. Council Member Kiser was absent. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, Finance Director J. McGann, Public Works Director M. Ray, Community Development Director J. Sutter, Deputy Police Chief B. Hubbard, Interim Lieutenant J. Tourville, and City Clerk C. Serres. Assistant City Manager K. Therres 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 LaRoche and seconded by Council Member Parsons to approve the agenda. Motion carried. 3.Proclamation The Mayor proclaimed June 19, 2022 as Juneteenth Freedom Day in the City of Crystal. 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 May 17, 2022. b. The City Council meeting on May 17, 2022. c. The special City Council meeting on May 23, 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 Res. No. 2022-44, accepting donations. 4.4 Adoption of Res. No. 2022-45, reporting on state performance measures. 4.5 Approval of the following items for 2022 Crystal Frolics: 5.1(b) Crystal City Council meeting minutes June 7, 2022 Page 2 of 4 a. Temporary closure of portions of 46th Avenue N. and 47th Avenue. N. from July 28 – 31, 2022, for city and volunteer staff vehicle parking, fireworks displays, and waterball competition hosted by the West Metro Fire-Rescue District Firefighters Relief Association. b. A permit for fireworks displays at Welcome Park on July 29 and 30, 2022, submitted by Hollywood Pyrotechnics, Inc. c. A temporary on-sale liquor license at Becker Park on July 29 and 30, 2022, submitted by OMNI Brewing, Co. d. Adoption of Res. No. 2022-46, approving a lawful gambling permit at Welcome Park from July 28 – 31, 2022, submitted by West Metro-Fire Rescue District Firefighters Relief Association. 4.6 Adoption of Res. No. 2022-47, rescinding approval of the Preliminary and Final Plat of Crystal Flats at 6613 36th Ave. N. 4.7 Adoption of Res. No. 2022-48, rescinding vacation of an easement at 6613 36th Ave. N. Moved by Council Member Parsons and seconded by Council Member Cummings to approve the consent agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 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: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Absent, not voting: Kiser and Banks. Motion carried. 6.2 The Council received the 2021 annual financial report from Bergan KDV. Finance Director Jean McGann and Bergan KDV representative Andrew Grice addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to accept the 2021 annual financial report from Bergan KDV. Voting aye: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Absent, not voting: Kiser and Banks. Motion carried. 6.3 The Council considered the second reading and adoption of an ordinance rezoning 4824 56th Ave. N. from Commercial to Low Density Residential, and adoption of a resolution approving summary language of the ordinance for publication. 5.1(b) Crystal City Council meeting minutes June 7, 2022 Page 3 of 4 Community Development Director John Sutter addressed the Council. Moved by Council Member Cummings and seconded by Council Member Parsons to adopt the following ordinance: ORDINANCE 2022 – 02 AN ORDINANCE AMENDING THE ZONING MAP TO REZONE THE PROPERTY LOCATED AT 4824 - 56TH AVENUE NORTH And further, that this is the second and final reading. Voting aye: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Absent, not voting: Kiser and Banks. Motion carried. Moved by Council Member Cummings and seconded by Council Member Parsons to adopt the following resolution: RESOLUTION NO. 2022 – 49 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2022-02 Voting aye: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Absent, not voting: Kiser and Banks. Motion carried, resolution declared adopted. 6.4 The Council considered a resolution authorizing the purchase of a replacement dishwasher for the Crystal Community Center kitchen. Recreation Director John Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 50 RESOLUTION IN SUPPORT OF REPLACING THE DISHWASHER IN THE COMMERCIAL KITCHEN AT THE CRYSTAL COMMUNITY CENTER Voting aye: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Absent, not voting: Kiser and Banks. Motion carried, resolution declared adopted. 6.5 The Council considered the first reading of an ordinance establishing an Inclusion and Diversity Commission. City Attorney Troy Gilchrist addressed the Council. 5.1(b) Crystal City Council meeting minutes June 7, 2022 Page 4 of 4 Moved by Council Member LaRoche and seconded by Mayor Adams to adopt the following ordinance: ORDINANCE 2022 – 03 AN ORDINANCE ESTABLISHING THE INCLUSION AND DIVERSITY COMMISSION And further, that the second and final reading will be held on June 21, 2022. Voting aye: LaRoche, Parsons, Adams, Budziszewski, and Cummings. Absent, not voting: Kiser and Banks. Motion carried. 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 7:33 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Chrissy Serres, City Clerk 5.1(b) Page 1 of 2 City of Crystal Council Meeting June 21, 2022 Applications for City License Liquor – Temporary On-Sale Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for an event to be held Aug. 5 – 7, 2022) West Metro Fire-Rescue District Firefighters Relief Association, 4101 Douglas Dr. N., Crystal, MN 55422 (for 2022 Crystal Frolics at Welcome Park, July 28 – 31, 2022) Rental – New 6812 Cloverdale Ave. N. – Adam Hardy (Conditional) 4640 Colorado Ave. N. – MCAD Properties LLC (Conditional) 2718-2720 Jersey Ave. N. – Clayton and Tammy Duggan (Conditional) 3524 Kyle Ave. N. – Fowzia Omar (Conditional) 4732 Nevada Ave. N. – Bellagala LLC 5732 Pennsylvania Ave. N. – Bellagala LLC 5514 Perry Ave. N. – Keinyra Oliver (Conditional) 4733 Welcome Ave. N. – HQ Residentials LLC 5630 Yates Ave. N. – Elvis Osagie (Conditional) 5643 Zane Ave. N. – Kendra Deshler (Conditional) 8017 33rd Pl. N. – Sara Ryan (Conditional) Rental – Renewal 4409 Adair Ave. N. – Eric and Angela Moellenkamp 5701 Adair Ave. N. – Eric and Angela Moellenkamp 6524 Brentwood Ave. N. – Eero Mattson 4306 Brunswick Ave. N. – Pro Operam Sub IV LLC (Conditional) 6600 Cloverdale Ave. N. – Danilo Araya 4355 Colorado Ave. N. – 4355 Colorado Ave. N. LLC 4219 Georgia Ave. N. – Invitation Homes (Conditional) 4016 Idaho Ave. N. – Christopher Long (Conditional) 4818-4820 Idaho Ave. N. – Jason Flaa (Conditional) 4821 Idaho Ave. N. – Shannan Paul (Conditional) 5001 Jersey Ave. N. – Invitation Homes (Conditional) 3970 Kentucky Ave. N. – Brian Bona (Conditional) 6719 Lombardy Ln. – Pro Operam Sub II LLC 3415 Major Ave. N. – Invitation Homes (Conditional) 5625 Maryland Ave. N. – Douglas Heinzmann 8332 Northern Dr. – Vincent Martin 5704 Orchard Ave. N. – Sobocinski M&T LLC (Conditional) 5640 Perry Ave. N. – Invitation Homes (Conditional) 3548 Quail Ave. N. – Vincent Martin 5525-5527 Quail Ave. N. – Marilyn Olson (Conditional) 5656 Quail Ave. N. – HPA II Borrower 2021-1 LLC 7400 Shirley Pl. N. - Bachaus Investment Properties LLC 3427 Utah Ave. N. – Jeffrey Dehler (Conditional) 5.2 Page 2 of 2 Rental – Renewal continued 3633 Vera Cruz Ave. N. – Nelson Family Foundation (Conditional) 4301 Welcome Ave. N. – CETA Equity Group (Conditional) 5023 Welcome Ave. N. – Rent City at Welcome LLC (Conditional) 4518 Yates Ave. N. – Anthony Hallada (Conditional) 6211 32nd Ave. N. – High Seng Chai 6901-6903 36th Ave. N. – Carl Hobus (Conditional) 6605 45th Pl. N. – Jalana Moe 6825 46th Ave. N. – Stella Iwuchukwu (Conditional) Tree Trimmer Davey Tree Expert Company, 1500 N. Matua St., Kent, OH 44240 5.2 CITY OF CRYSTAL RESOLUTION NO. 2022 - RESOLUTION ACCEPTING DONATIONS FROM WESTPHAL AMERICAN LEGION POST 251, WESTPHAL AMERICAN LEGION POST 251 AUXILIARY, AND WESTPHAL AMERICAN LEGION POST 251 RESTAURANT WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donor Purpose Amount Westphal American Legion Post 251 Crystal Airport Open House $400 Westphal American Legion Post 251 Auxiliary Crystal Airport Open House $400 Westphal American Legion Post 251 Restaurant Crystal Airport Open House $400 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named for their generous donations. Dated: June 21, 2022 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Christina Serres, City Clerk 5.3 AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 5244 SCOTT AVENUE NORTH ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for June 21 Meeting) DATE: June 16, 2022 RE: Consider approval of an amendment 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 an amendment to the purchase and development agreement: Extend completion deadline. ➢The builder is requesting an extension to the home completion deadline from June 12, 2022 to September 30, 2022. The builder has indicated that home construction has been delayed by factors outside his control, such as pandemic restrictions and weather conditions that make it difficult to complete the home. ➢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. A second amendment to approve a revised site and building plan, and to extend the completion deadline to June 12, 2022, was approved by the City Council on September 9, 2021. Staff recommends approval of the amendment. City Council approval of the attached amendment to the purchase and development agreement for each property is requested. Attachment: A.Third amendment to Purchase and Development agreement for 5244 Scott Ave N COUNCIL STAFF REPORT 5244 Scott Ave. N. Amend Purchase and Development Agreement 5.4 AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 5244 SCOTT AVENUE NORTH 2021 aerial photo and June 2022 photo of house under construction 5.4 1 DOCSOPEN\CR205\30\803660.v1-6/13/22 THIRD AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This third Amendment to Purchase and Development Agreement (this “Third Amendment”), has been made and entered into as of this 21st day of June, 2022, 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”), and the Second Amendment thereto dated as of September 9, 2021, and recorded in the Office of the Hennepin County Recorder on September 15, 2021 as Document No. 11024351 (the “Second 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; an amendment to this proposal was included in the Second Amendment as Exhibit A and approved by the Seller on September 9, 2021; 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 to June 12, 2022 pursuant to the Second Amendment; and WHEREAS, as of the date of this Third 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 Attachment A 5.4 2 DOCSOPEN\CR205\30\803660.v1-6/13/22 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 September 30, 2022. NOW, THEREFORE, the parties agree as follows: 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 September 30, 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.) 5.4 3 DOCSOPEN\CR205\30\803660.v1-6/13/22 IN WITNESS WHEREOF, the parties have caused this Third 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 June 2022, by Jim Adams and Anne Norris, the Mayor and City Manager, respectively, 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 BUYER: ELIN MARCO GROUP INC. By: _______________________________ Sharon Crowley Its: President STATE OF MINNESOTA } ss. 5.4 4 DOCSOPEN\CR205\30\803660.v1-6/13/22 COUNTY OF ANOKA The foregoing was acknowledged before me this _______ day of June 2022, by Sharon Crowley, 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 5.4 COUNCIL STAFF REPORT Consent Agenda: June 21, 2022 Council Meeting Resolution establishing an Absentee Ballot Board for the 2022 primary and general elections DATE: June 16, 2022 FROM: City Clerk Chrissy Serres TO: Mayor and City Council CC: City Manager Anne Norris RE: Establishing an Absentee Ballot Board for the 2022 primary and general elections Background The City of Crystal is designated by Hennepin County to administer absentee ballots for Crystal voters. Minnesota Statutes 203B.121, Subd. 1 requires the governing body of each municipality with responsibility to accept and reject absentee ballots to establish an Absentee Ballot Board to process and count absentee ballots submitted by voters. The Absentee Ballot Board must consist of a sufficient number of deputy clerk elections staff members and, when needed, election judges who have been trained in the processing and counting of absentee ballots as provided in Minnesota election law. All deputy clerk elections staff members will receive absentee voting and ballot board training required to perform the tasks. In addition, Hennepin County will be acting on behalf of the City of Crystal as part of our Absentee Ballot Board as noted in the attached resolution. Council action requested Approval of the resolution establishing an Absentee Ballot Board for the 2022 primary and general elections. 5.5 RESOLUTION NO. 2022 – ESTABLISHING AN ABSENTEE BALLOT BOARD FOR THE 2022 PRIMARY AND GENERAL ELECTIONS WHEREAS, the City of Crystal is required by Minnesota Statutes, Section 203B.121, Subd. 1 to establish an Absentee Ballot Board effective June 24, 2022 for the purpose of processing and counting absentee ballots; and WHEREAS, the Absentee Ballot Board would consist of a sufficient number of deputy clerk elections staff members, and, when needed, election judges trained in the processing and counting of absentee ballots; NOW, THEREFORE, BE IT RESOLVED, that the Crystal City Council establishes an Absentee Ballot Board for the purpose of processing and counting absentee ballots for the 2022 primary and general elections. BE IT FURTHER RESOLVED, that the Crystal City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minnesota Statutes, Section 204B.21, Subd. 2 under the direction of the Hennepin County Election Manager to serve as members of the City of Crystal Absentee Ballot Board; and BE IT FURTHER RESOLVED that the city clerk is with this, authorized to make any substitutions or additions as deemed necessary. Dated this 21st day of June, 2022. By: _____________________________ Jim Adams, Mayor ATTEST: ______________________________ Chrissy Serres, City Clerk 5.5 COUNCIL STAFF REPORT Consent Agenda: June 21, 2022 Council Meeting Resolution appointing election judges for the 2022 primary and general elections DATE: June 16, 2022 FROM: City Clerk Chrissy Serres TO: Mayor and City Council CC: City Manager Anne Norris RE: Election judge appointments for the 2022 primary and general elections Background The City of Crystal is fortunate to have many dedicated members of the community willing to serve as election judges. Minnesota Statutes 204B.21, Subd. 2 requires the governing body of the municipality to appoint election judges least 25 days prior to the election. Election judges are assigned to precincts based on availability, party balance requirements and the number required for each location to adequately serve voters. A list of individuals who have applied to serve as election judges and meet the qualifications established by the State of Minnesota is on file in the city clerk’s office. Prior to serving, all election judges must complete the required election judge training to perform tasks. Council action requested Approval of the resolution appointing election judges for the 2022 primary and general elections. 5.6 RESOLUTION NO. 2022 - RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2022 PRIMARY AND GENERAL ELECTIONS WHEREAS, the state primary election will be held on Aug. 9, 2022 and the general election will be held on Nov. 8, 2022; and WHEREAS, as authorized by Minnesota Statutes, Section 204B.21, Subd. 2, election judges shall be appointed by the governing body of the municipality no later than 25 days before the election. WHEREAS, each polling place would consist of a sufficient number of election judges trained in election day administration; and NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that, upon the completion of required training, the individuals on file in the city clerk’s office be appointed as City of Crystal election judges for the 2022 primary and general elections. BE IT FURTHER RESOLVED that the city clerk is with this, authorized to make any substitutions or additions as deemed necessary. Dated this 21st day of June, 2022. By:__________________________ Jim Adams, Mayor ATTEST: _________________________________ Chrissy Serres, City Clerk 5.6 6810 – 60TH AVENUE NORTH – VACATE EASEMENT PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for June 21 City Council Meeting) DATE: June 16, 2022 RE: PUBLIC HEARING: Consider adoption of a resolution approving a vacation of a utility easement at 6810 – 60th Avenue North A.BACKGROUND Noberg Homes, owner of the property involved in the Lombardy 2nd Addition subdivision at 6810 – 60th Avenue North, is proposing to subdivide the vacant property so that two new single-family homes can be built (see agenda item 8.4). As part of the subdivision request the applicant is requesting an existing utility easement on the property be vacated. This easement will be replaced with a new 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. Attachment: A.Resolution COUNCIL STAFF REPORT Vacate Utility Easement 6810 – 60th Avenue North 7.1 6810 – 60TH AVENUE NORTH – VACATE EASEMENT PAGE 2 OF 3 2021 Aerial Photo: B. PROPOSED VACATION OF EASEMENT The attached resolution includes an illustration of the easement proposed to be vacated. The utility easement was dedicated to the city in 1952 when the Lombardy Addition plat was approved by the City Council. In conjunction with the subdivision of the property into two properties for two new single-family homes, the applicant is proposing to vacate this easement. New drainage and utility easements will be dedicated on the Lombardy 2nd Addition plat. Notice of the June 21 public hearing was published in the Sun Post on June 9, and mailed to four utility companies: Comcast, CenterPoint Energy, Xcel Energy, and CenturyLink . Comcast, CenturyLink and Centerpoint have responded by saying they have no objection to the easement vacation, but Xcel has not responded to two requests for comment. C. REQUESTED ACTION City staff recommends that the utility easement located at 6810 – 60th Avenue North be vacated. Prior to considering adoption of the vacation resolution, the Mayor would need to open the public hearing and take any comment specifically regarding the proposed easement 7.1 6810 – 60TH AVENUE NORTH – VACATE EASEMENT PAGE 3 OF 3 vacation, noting that the public will have an opportunity to comment on the proposed subdivision later in the meeting, as that item is on the regular agenda. City Council approval of the attached resolution is requested. 7.1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022-_____ RESOLUTION VACATING A UTILITY EASEMENT WITHIN THE PLAT OF LOMBARDY ADDITION WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, in 1952, the Lombardy Addition plat was recorded in Hennepin County, Minnesota, and a perpetual utility easement (“Easement”) was conveyed to the City over Lot 8, Block 2; and WHEREAS, the area covered by the Easement is legally described in the attached Exhibit A and is depicted on the attached Exhibit B; and WHEREAS, the current owner of the property has requested the City vacate the Easement as part of a request to plat the property as Lombardy 2nd Addition; and WHEREAS, pursuant to City Charter section 12.06, the City scheduled and held a public hearing on June 21, 2022 to consider the vacation of the Easement, during which all interested parties were heard; and WHEREAS, the City has the authority, pursuant to City Charter section 12.06, 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 LOMBARDY 2ND ADDITION; and b.Execution of the final plat of LOMBARDY 2ND ADDITION by the Mayor and City Clerk and the release of the plat for recording. 2.Upon the release for recording by the City of the final plat of LOMBARDY 2ND ADDITION, 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 Attachment A 7.1 recorded with the Hennepin County recorder prior to the recording of the plat of LOMBARDY 2ND ADDITION. 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 21st day of June, 2022. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 7.1 A-1 EXHIBIT A Legal Description of Vacated Easement The north 5.00 feet of Lot 8, Block 2, Lombardy Addition, Hennepin County, Minnesota. 7.1 B-1 EXHIBIT B Depiction of Vacated Utility Easement 7.1 DATE:June 16, 2022 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount HealthPartners, Inc.June health insurance premiums $118,187.50 MN PERA Employee & city required contributions for 5/27/22 pay date $69,207.82 Center for Energy & Environment Home improvement loan/grant program $30,648.04 LOGIS Monthly application support & hosting, network services $37,795.00 Park Construction Company 2022 Mill & Overlay project AFP#1 $651,545.47 Valley-Rich Co, Inc.Stormwater rate control, water quality, structure rehab project $59,950.00 MN PERA Employee & city required contributions for 6/10/22 pay date $65,226.91 $1,032,560.74 Description 8.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 14, 2022 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Fair School Park Soccer Field Improvements The City of Crystal developed a park and recreation system plan in 2017 that identified park improvement projects in the city. One facility noted was a new soccer field at Fair School Park. Fair School is interested in having an improved field for their after-school soccer team, while an improved field would also benefit soccer field users during the summer. The city council authorized an application to the Hennepin County Youth Sports Grant Program in October, 2021; to supplement city funds allocated for the project. This project and grant application had much support, which was reflected by letters of support coming from Robbinsdale Area School District, Fair School Parent-Teacher Organization, Sporting Minnesota Soccer Club, Outdoor Latino Minnesota, and Crystal Fund for Community Progress. Fair School agreed to connect field irrigation to their building. The application was successful. The project budget is: City Park Improvement Funds $ 50,000 Hennepin County Youth Sports Grant $ 80,000 Total Budget $ 130,000 Three quotes were solicited and one quote was received to install a new soccer field according to specifications. Quote information follows: •Peterson Companies, Inc.$ 67,653.75 •Engineer’s Estimate $ 92,000.00 Staff recommends approval of the attached resolution entering into an agreement with Peterson Companies, Inc., in the amount of $67,653.65, for construction of a soccer field at Fair School Park. 8.2 Soccer Field Layout 8.2 CITY OF CRYSTAL RESOLUTION 2022 - RESOLUTION IN SUPPORT OF SOCCER FIELD IMPROVEMENTS IN FAIR SCHOOL PARK WHEREAS, the City of Crystal cooperatively ope rates Fair School Park with the Robbinsdale Area School District, and WHEREAS, improvement of the soccer field at Fair School Park was identified in the 2017 Park and Recreation System Master Plan, and WHEREAS, the 2022 capital park improvement budget includes funds for a new soccer field and related amenities in Fair School Park; and WHEREAS, additional funds have been authorized through a Hennepin County Youth Sports Grant for completion of the same project; and WHEREAS, three quotes were solicited and one quote was received to construct a new soccer field, including grading and irrigation, in Fair School Park according to specifications; and WHEREAS, the quote received was from Peterson Companies, Inc. in the amount of $67,653.75; NOW, THEREFORE, BE IT RESOLVED: A.That the Crystal City Council wishes to enter into an agreement with Peterson Companies, Inc. in the amount of $67,653.75; to install a new soccer field, including grading and irrigation, in Fair School Park according to specifications. B.That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements with Peterson Companies, Inc. as specified above. Adopted by the Crystal City Council this 21st day of June, 2022. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 8.2 1 FAIR School Soccer Field Improvements – Peterson Companies, Inc. SOCCER FIELD IMPROVEMENT AGREEMENT THIS SOCCER FIELD IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into this 21st day of June, 2022, by and between the City of Crystal, a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal , Minnesota 55422 (“City”), and Peterson Companies, Inc., a Minnesota company, located at 8326 Wyoming Trail, Chisago City, MN 55013 (“Contractor”). The City and the Contractor may hereinafter be referred to individually as a “party” or collectively as the “parties.” RECITALS A.The City desires to have grading, irrigation and other soccer related improvements completed in FAIR School Park, a City Park on school district property located at 3903 Adair Avenue North (“Park”). B.The Contractor provided the City a written quote to construct grading, irrigation and other soccer related improvements in the Park in accordance with the specifications established by the City (“Project”). C.The Contractor desires to undertake and complete the Project for the City in accordance with the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual promises and agreements contained herein, and intending to be legally bound, the City and the Contractor hereby agree as follows: 1.Scope of Work. a. The Contractor, for and in consideration of the payment or payments herein specified and to be made by the City, covenants and agrees to furnish all materials, all necessary tools, and equipment, and to do and perform all the work and labor necessary to complete the Project, all in strict conformity with the Contractor’s quote and scope of work contained in the attached Exhibit A (all work, materials and equipment set forth in this paragraph and contained in Exhibit A are hereinafter collectively referred to as the “Specifications”). Said Specifications are hereby fully incorporated as part of this Agreement. b.The Contractor agrees that all work and labor shall be done in the best and most diligent manner and that all materials and labor shall be in entire and strict conformity in every respect with the said Specifications and shall be subject to the inspection and approval by the proper authorities of the City for the supervision of the work, and in case any of said material or labor shall be rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Contractor. 8.2 2 FAIR School Soccer Field Improvements – Peterson Companies, Inc. c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost and expense any loss or damage to the work and Project occurring during the installation or prior to the final acceptance thereof by the City, by reason of fire, tornado, theft, or any cause whatsoever, and to be wholly responsible for the installation, completion and delivery of the Project in its entirety for the final acceptance by the City; and any payment or payments made to the Contractor hereunder, shall not be construed as operating to relieve the Contractor from responsibility for the construction and delivery of the Project as provided and agreed through this Agreement. 2.Schedule; Liquidated Damages. a. The Contractor agrees to commence the work on the Project at the earliest practicable date and to prosecute the same diligently and without delay and to have the work entirely completed in every respect to the satisfaction and approval of the City on or before October 1, 2022. In case of the failure on the part of the Contractor, for any reason except with the written consent of the the City, to complete the Project on or before said date, the City shall have the right to deduct from any money due or which may become due to the Contractor, the amount of two hundred dollars ($200.00) per day for each and every day elapsing between the time stipulated for the completion and the actual date of completion, in accordance with the terms thereof; or if no moneys shall be due the Contractor, the City shall have the right to recover such sum; such deduction to be made or such sum to be recovered not as a penalty, but as liquidated damages. The Contractor agrees that it will be difficult for the City to determine the amount of all damages that the City would incur as a result of delay and that the liquidated damages set forth in this paragraph are reasonable. b.The Contractor agrees to notify the City in writing of any and all causes of delay of work, or any part thereof, within 24 hours after such cause of delay shall arise, and in case of the failure of the Contractor to perform this Agreement and complete the work at the time hereinafter specified, the City may immediately, or at any time thereafter, proceed to complete the work at the cost and expense of the Contractor. Upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work, including without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public authorities, or delays or defaults caused by public carriers, the City shall reasonably extend the date previously specified for the completion of the work and in such case the Contractor shall only become liable for such liquidated damages for failure to perform during any delay after the time is so extended. 8.2 3 FAIR School Soccer Field Improvements – Peterson Companies, Inc. 3. Compensation. a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the Contractor properly performs the work, the City shall, from month to month before completion of the work and pursuant to invoices from the Contractor, pay the Contractor up to 95 percent of the amount already earned under the Agreement. When the work is 95 percent or more completed, upon the sole determination of City staff, such portions of the retained price shall be released only as the City determines it need not be retained to protect the interest of the City in the satisfactory completion of the Agreement. The balance shall be retained by the City until the final performance and completion of this Agreement by the Contractor to the satisfaction, approval, and acceptance of the City including provision by the Contractor of Minn. Dept. of Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with applicable state laws. b. No claim for extra work done or materials furnished by the Contractor will be made by the Contractor or allowed by the City, nor shall the Contractor do any work or furnish any materials not covered by the Specifications, unless such work or materials is ordered in writing by the City. Any such work or materials which may be done or furnished by the Contractor without such written order first being given, shall be at the Contractor's own risk and expense. 4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for the performance of any work under this Agreement or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion, discriminate against any person or persons who are qualified and available to perform the work to which such employment relates; that neither the Contractor nor any subcontractor, material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent the employment of any such person or persons from the performance of work under this Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 5. Insurance. The Contractor shall maintain commercial general liability coverage for all work covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for combined bodily injury and property damage, and $2,000,000 in the general aggregate, and commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence for combined bodily injury and property damage covering owned, non-owned, and hired automobiles. The Contractor shall provide the City with a current certificate of insurance listing the City as an additional insured with respect to the aforementioned policies. To meet the requirements herein, the Contractor may use a combination of excess and umbrella coverage. The Contractor also agrees to keep in force during the entire term of this Agreement statutory workers’ compensation insurance. 8.2 4 FAIR School Soccer Field Improvements – Peterson Companies, Inc. 6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives harmless from and indemnified against any and all loss, costs, fines, charges, damage and expenses, including, without limitation, reasonable attorneys’ fees, consultants’ and expert witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) only to the extent caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including, without limitation, any claims for any lien imposed by law for services, labor or materials, or (iii) by reason of the execution of this Agreement or the performance of this Agreement. The Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative or professional assistance. The Contractor further agrees to indemnify the City and hold it harmless from and against any and all claims, suits, and actions against, and all loss, damage, costs, or expense to the City occasioned by or arising from any infringement or claim of infringement of any letters patent, or patent rights upon or covering any patented article or articles furnished or installed by the Contractor under this Agreement for the City, of from or by reason of the use by the City of any patented article or articles furnished or installed by the Contractor for the City under this Agreement. The indemnity contained in this paragraph shall be continuing and shall survive the performance or cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation of or waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or otherwise. 7. Independent Contractor. The Contractor and its employees are not employees of the City. Nothing in the Agreement is intended or should be construed in any manner as creating or establishing the relationship as employer/employee, co-partners, or a joint venture between the City and the Contractor. It is agreed that the Contractor and its employees will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City. The manner in which the Project is to be performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the City. 8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except that if the Contractor is in default and fails to cure the default within ten days following written notice by the City, the City has the right to terminate this Agreement immediately upon written notice of termination. The Contractor will be paid for services properly rendered and equipment property installed prior to the effective date of termination. The following provisions of this Agreement shall survive expiration, termination, or cancellation of this Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit. 8.2 5 FAIR School Soccer Field Improvements – Peterson Companies, Inc. 9. Amendments. Any amendment to this Agreement must be in writing and signed by both parties. 10. Assignment. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective without the prior written consent of the City. 11. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 12. No Personal Liability. No officer, agent or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 13. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed in the preamble to this Agreement, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section. 14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any act by the City or the Contractor shall be deemed or construed by the Contractor or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Contractor. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this Agreement shall be in compliance with all federal, state and local laws, ordinances, regulations, rules, and standards. 18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Contractor, and supersedes any other written or oral agreements between and City and Contractor. 19. Severability. In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 8.2 6 FAIR School Soccer Field Improvements – Peterson Companies, Inc. 20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. 21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or disseminated by the parties pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota Legislative Auditor, or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement for six years following termination of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY: CONTRACTOR: By: _____________________________ By: ___________________________ Jim Adams Its: Mayor By: ______________________________ Its: ___________________________ Anne Norris Its: City Manager 8.2 CRYSTAL FAIR SCHOOL FIELD IMPROVEMENTS PROJECT BID FORM CITY OF CRYSTAL WSB PROJECT NO. R-019976-000 PAGE 1 Contractor's Business Name: ___________________________ Address: ___________________________ ___________________________ Phone No: ___________________________ Fax No: ___________________________ PROJECT IDENTIFICATION: CRYSTAL FAIR SCHOOL FIELD IMPROVEMENTS PROJECT This bid is submitted to: CITY OF CRYSTAL 5001 WEST BROADWAY CRYSTAL, MN 55422 1.The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER on the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2.BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 3.In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a)BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number ____________________ __________ ____________________ __________ ____________________ __________ ____________________ __________ (b)BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. BID FORM Peterson Companies Inc. 8326 Wyoming Trail Chisago City, MN 55013 651-257-6864 651-257-3393 N/A EXHIBIT A - Contractor's Quote 8.2 CRYSTAL FAIR SCHOOL FIELD IMPROVEMENTS PROJECT BID FORM CITY OF CRYSTAL WSB PROJECT NO. R-019976-000 PAGE 2 (c)BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (c)BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (e)BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (f)BIDDER has given OWNER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (g)This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. (h)Any other representation as required by Laws and Regulations. 4.BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICE(S): (Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities.) 8.2 CRYSTAL FAIR SCHOOL FIELD IMPROVEMENTS PROJECT WSB PROJECT NO. 019976-000 No. Units Quantity Unit Price Total Price 1 LUMP SUM 1 2 LUMP SUM 1 3 LIN FT 350 4 EACH 3 5 LUMP SUM 1 6 LIN FT 565 BID TOTAL Bidder: Address: City, State, Zip: Telephone No.: Fax No.: Item On-Site Earthwork - complete, including: 1) stripping and stockpiling of topsoil; 2) laser grading of athletic field; 3) grade maintenance as necessary for duration of construction period until seeding by Owner; and, 4) includes import and export of excess earthen material as necessary to achieve plan grades. Furnish and Irrigation for athletic field including removal and replacement of all piping, heads, and associated infrastructure within athletic field area; includes replacement of system controller as indicated on plans and specifications - complete. Furnish and install Inlet Protection - including maintenance during construction - complete. Mobilization - complete, should not exceed 5% of the total contract amount BID PROPOSAL FORM Furnish and install Sediment Control Log - Type Wood Fiber as indicated on plans and details - complete. WORK TO BE COMPLETED BY CITY includes: seeding and restoration. Units Legend: LS = Lump Sum, SQ FT = Square Feet, SQ YD = Square Yard, LIN FT = Lineal Feet Furnish and install Sediment Control Log - Type Wood Fiber - including maintenance during construction - complete. Peterson Companies Inc. 8326 Wyoming Trail Chisago Ciity, MN, 55013 651-257-6864 651-257-3393 $12,444.00 $12,444.00 $24,240.00 $24,240.00 $3.85 $1,347.50 $3.85 $165.00 $495.00 $26,952.00 $26,952.00 $2,175.25 $67,653.65 $67,653.75Adding error - new total: 8.2 CRYSTAL FAIR SCHOOL FIELD IMPROVEMENTS PROJECT BID FORM CITY OF CRYSTAL WSB PROJECT NO. R-019976-000 PAGE 3 5. BIDDER agrees that all work is to be completed in compliance with the contract documents . 6. The following documents are attached to and made a condition of the BID or should be included following award of quote. (a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence in accordance with Plans. (c) Affidavit of Non-Collusion. (d) Responsible Contractor Certificate. 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Docum ents, have the meanings assigned to them in the General Conditions. SUBMITTED ON:_____________________________ , 2022. 5-19 8.2 4100 HAMPSHIRE AVENUE NORTH – VARIANCE APPLICATION PAGE 1 OF 4 ______________________________________________________________ FROM: Dan Olson, City Planner _________________________________________________________________ TO: Anne Norris, City Manager (for June 21 Meeting) DATE: June 16, 2022 RE: Consider adoption of a resolution approving a variance request from Maria Basurto for garage and room addition at 4100 Hampshire Avenue North A.BACKGROUND Maria Basurto, who owns the single-family home at 4100 Hampshire Avenue North, has applied for a variance for a home addition. The property is zoned Low Density Residential (R-1). Notice of the June 13 public hearing was published in the Sun Post on June 2 and mailed to property owners within 500 feet (see attachment A), and posted to the Brownwood, Fair and Forest neighborhoods on Nextdoor. A sign was also posted on the property. At the June 13 Planning Commission public hearing, the Commission unanimously recommended approval of the variance application. One person from the public spoke in favor of variance approval. Attachments: A.Site location map showing public hearing notification area B.Existing zoning map C.Property photos D.Project narrative submitted by applicant E.Property survey showing requested variance F.Resolution COUNCIL STAFF REPORT Variance for 4100 Hampshire Avenue North 8.3 4100 HAMPSHIRE AVENUE NORTH – VARIANCE APPLICATION PAGE 2 OF 4 2021 Aerial Photo: B. VARIANCE REQUEST Proposed variance The existing 10,500 sq. ft. property has a single-family home constructed in 1959 and the homeowner has requested the following variance for a new room and attached garage addition: ➢ Reduce the south setback from 30’ to 18’ for a room and garage addition. Rationale for proposed variance The goal of the requested variances is to acknowledge the approved 195 9 setbacks which determined that the front of the home faces Hampshire Avenue and to allow for an equitable expansion of the home in harmony with other similarly sized lots in Crystal. As such, the variance: ➢ Preserves a 30’ setback along both Hampshire Avenue and along the north side of the property • A typical Crystal home has two 30’ deep setbacks ➢ Preserves a minimum east side setback of 5’ (the home is currently located 9.2’ from this line, but the addition will be 5’ from the property line ). 8.3 4100 HAMPSHIRE AVENUE NORTH – VARIANCE APPLICATION PAGE 3 OF 4 • The UDC requires a minimum interior side yard setback of 5’. ➢ If the variance is approved, preserves a minimu m south side setback of 10’. The south side functions as the property’s corner side yard. • The UDC requires a minimum corner side yard setback of 10’. C. RECOMMENDED FINDINGS The following are the relevant approval criteria for this variance as outlined in city code section 510.33, followed by staff response: a) Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the terms of the variances are consistent with the comprehensive plan. Response: The intent of the city’s zoning ordinance is to provide for regulations to promote orderly development that allows for adequate access to light, air, and convenient access to property. The approval of a room and garage addition that is closer to the southern property line will not impede access to adequate light or air for adjacent properties or for the proposed home. If the variance is approved, the home will continue to be in conformance with the Comprehensive Plan’s Low Density Residential future land use designation. b) Variances shall only be permitted when the City Council finds that strict enforcement of specific provisions of this section would create practical difficulties due to circumstances unique to a particular property un der consideration. Practical difficulties, as used in connection with the granting of a variance, means that the property owner: 1) proposes to use the property in a reasonable manner not permitted by an official control; and 2) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and 3) the variance, if granted, will not alter the essential character of the locality. Response: The use of the subject property for a single-family home is a reasonable use permitted by the city’s zoning regulations. The requested variance is necessary to ensure that the home can be expanded on the lot in a way which provides the best possible residential use and enjoyment of the property, but does not negatively impact neighboring properties. 8.3 4100 HAMPSHIRE AVENUE NORTH – VARIANCE APPLICATION PAGE 4 OF 4 The essential character of this area will not change if the variance is approved: • The home will continue to have two 30’ foot deep setbacks: along the west (Hampshire Avenue) and along the north side. • The south side, which functions as the corner side yard for the property, will have a setback of 18’ - the UDC’s required minimum setback for a corner side yard is 10’. c) Economic considerations alone do not constitute practical difficulties. Response: The manner in which the home was sited on the property in 1959 makes it difficult to expand the home to meet current requirements without the need for variances. Therefore economic considerations alone are not the sole reason for requesting this variance. D. REQUESTED ACTION At the June 13, 2022 Planning Commission meeting, the Commission recommended approval of the variance by a vote of 6 to 0 (three persons absent), subject to the following conditions of approval: 1. Minimum setbacks effective upon variance approval . With the approval of this variance, the minimum building setbacks for the property are as follows and as illustrated in attachment E. These setbacks reflect the findings of approval for the variance request. ➢ North: 30’ ➢ South: 18’ ➢ West: 30’ ➢ East: 5’ 2. Compliance. The variance 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 and is required to obtain such other permits and permissions as may be required. 3. No Waiver. Failure by the city to take action with respect to any violation of any condition, covenant or term of the variance 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. 4. Binding Effect. This variance, and the conditions placed on its approval, are binding on the applicant, the applicant’s 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. 5. Acceptance of Conditions. Utilization of the property for any of the uses allowed by this variance shall automatically be deemed acceptance of, and agreement to, its terms and conditions without qualification, reservation, or exception. City Council motion to approve the proposed resolution (attachment F) is requested. 8.3 Site Location and Public Hearing Notice Mailing Map 4100 Hampshire Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 8.3 Zoning Map 4100 Hampshire Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 8.3 View from Corner South side - Proposed location of addition Attachment C 8.3 Attachment D 8.3 4 1 0 0 H a m p s h i r e A v e N Hampshire Ave N P A T I O D E C K41st Ave NS00°17'12"E 135.84S89°58'33"W 78.65N00°14'21"E 135.88 N89°59'58"E 77.40DESCRIPTION OF PROPERTY SURVEYEDLot 4, Block 2 Hiller's Addition, Village of Crystal, Hennepin County, Minn.Survey Notes1. Bearings are based on the Hennepin County Coordinate System.2. Client Name: Maria Basurto3. Site Address: 4100 Hampshire Ave North Crystal, MN 554274. This survey is based on the legal description as provided by the Client5. This Surveyor has not abstracted the land shown hereon for easements, rightsof way or restrictions of record which may affect the title or use of the land6. Do not reconstruct property lines from building tiesFOUND IRON MONUMENTLinetype & Symbol Legend MINNESOTA LAND SURVEYOR CERTIFICATIONI hereby certify that this survey, plan or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 20th day of April, 2022.___________________________________________________Kelly D Ness Minnesota License No. 45847SET IRON MONUMENT4280.83Certificate ofSurveyAttachment E8.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022-________ RESOLUTION APPROVING A VARIANCE FOR 4100 HAMPSHIRE AVENUE NORTH WHEREAS, Maria Basurto (“Applicant”) submitted an application for approval of a certain variance for the property located at 4100 Hampshire Avenue North, and which is legally described in the attached Exhibit A (“Property”); and WHEREAS, the requested variance is to allow an addition to the single-family home that does not meet building setback requirements as required in the City’s Unified Development Code (“UDC”), which is contained in Chapter V of the Crystal City Code. The requested variance (“Variance”) is: ➢South side: Reduce setback from 30’ to 18’ for a garage and room addition WHEREAS, requests for variances are processed and acted on in accordance with Section 510.33 of the UDC; and WHEREAS, the Planning Commission held a public hearing regarding the requested Variance on June 13, 2022 and voted to forward the application to the City Council with a recommendation that the Variance be approved; and WHEREAS, the City Planner’s report dated June 16, 2022 (“Staff Report”) regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this approval, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the Applicant’s Variance request satisfies the relevant criteria in Section 510.33, subd. 3 of the UDC and that the Applicant has sufficiently demonstrated that practical difficulties exist under the present circumstances to support the issuance of the requested Variance under the applicable rules and regulations of the Crystal City Code and Minnesota law. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the recommendation of the Planning Commission, the Staff Report, the record of this matter and the findings and determinations contained herein, hereby approves the following Variance at 4100 Hampshire Avenue North: ➢South side: Reduce setback from 30’ to 18’ for a garage and room addition The Variance is subject to compliance with all of the following conditions of approval: Attachment F 8.3 1.Minimum setbacks effective upon variance approval. With the approval of this Variance, the minimum building setbacks for the Property are as follows and as illustrated in attachment E of the Staff Report. These setbacks reflect the findings of approval for the Variance request: ➢North: 30’ ➢South: 18’ ➢West: 30’ ➢East: 5’ 2.Compliance. The Variance 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 and is required to obtain such other permits and permissions as may be required. 3.No Waiver. Failure by the city to take action with respect to any violation of any condition, covenant or term of the Variance 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. 4.Binding Effect. This Variance, and the conditions placed on its approval, are binding on the applicant, the applicant’s 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. 5.Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this Variance shall automatically be deemed acceptance of, and agreement to, its terms and conditions without qualification, reservation, or exception. Adopted by the Crystal City Council this 21st day of June, 2022. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 8.3 EXHIBIT A Legal Description of the Property Lot 4, Block 2, Hiller’s Addition, Hennepin County, Minnesota 8.3 EXHIBIT B Planner’s Report (attached hereto) 8.3 LOMBARDY 2ND ADDITION – PRELIMINARY AND FINAL PLAT APPLICATION PAGE 1 OF 5 ____________________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for June 21 Meeting) DATE: June 16, 2022 RE: Consider adoption of a resolution approving a preliminary and final plat for the Lombardy 2nd Addition subdivision at 6810 – 60th Avenue North A.BACKGROUND Noberg Homes, owner of the property involved in the Lombardy 2nd Addition subdivision, is proposing a preliminary plat application to replat the vacant lot for two new single-family homes on a 17,788 SF (.41 acre) parcel. The preliminary plat is located at 6810 – 60th Avenue North, which is zoned Low Density Residential (R-1). Notice of the June 13 public hearing was published in the Sun Post on June 2, mailed to owners and renters within 500 feet (attachment A) and posted to the Broadway, North Lions Park and Skyway neighborhoods on Nextdoor. A sign was also posted on the property. At the June 13 Planning Commission public hearing, the Commission unanimously recommended approval of the subdivision application. No one from the public provided comments on the request. Attachments: A.Site location and public hearing notice mailing map B.Existing zoning map C.Proposed Lombardy 2nd Addition preliminary plat (six sheets) D.Final plat E.Resolution COUNCIL STAFF REPORT Proposed Lombardy 2nd Addition subdivision 8.4 LOMBARDY 2ND ADDITION – PRELIMINARY AND FINAL PLAT APPLICATION PAGE 2 OF 5 2021 Aerial Photo: B. PROPOSED PROPERTY SUBDIVISION Neighborhood meeting The applicant held a neighborhood open house on June 6, 2022, which was attended by seven area residents and the city planner. The purpose of the meeting was to provide information on the proposed lot split to nearby property owners and renters. Attendees asked questions about proposed home values, property taxes and timing of construction. Existing use The property is a vacant lot. The home previously on the property was demolished in March 2022. Proposed use The applicant is proposing to subdivide the lot into two lots for construction of new single-family homes, which would be addressed as 6806 and 6812 – 60th Avenue North. Parcel Area Details 17, 788 sq. ft. (0.41 acres) - Total area to be replatted as follows: 8.4 LOMBARDY 2ND ADDITION – PRELIMINARY AND FINAL PLAT APPLICATION PAGE 3 OF 5 ➢ 8,895 sq. ft. (0.2 acre) Lot 1 (new 6812 - 60th Ave N) ➢ 8,894 sq. ft. (0.2 acre) Lot 2 (new 6806 - 60th Ave N) Subdivision design features The proposed plat would be named Lombardy 2nd Addition. 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 from 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. • Residential density. The area included in Lombardy 2nd Addition 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 Lombardy 2nd, gross density is calculated as follows: • 17,788 sq. ft – Total area to be replatted for residential use • 3,565 sq. ft. – The portion of the 60th Avenue right-of-way north of the centerline • 21,353 sq. ft (0.49 acres) - Total area included in the density calculation. Gross density is calculated by dividing 2 housing units by 0.49 acres • 4.1 units per gross acre for Lombardy 2nd Addition 2. Street and Pedestrian Access • Street access. Both lots will have driveway access to 60th Avenue North. • Pedestrian connections. There is not a sidewalk accessing these lots and none planned. 3. Utilities. Utility service connections for the new homes will be to existing water and sewer mains in 60th Avenue North. There are existing overhead private utility lines along the north and south sides 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 city does not require a stormwater management plan for properties that are one acre or less in size. The proposed site design will incorporate best management practices to account for the volume of water from a 1.1” rain runoff from impervious surfaces. The site will be graded such that runoff from larger storm events 8.4 LOMBARDY 2ND ADDITION – PRELIMINARY AND FINAL PLAT APPLICATION PAGE 4 OF 5 would be directed away from neighboring structures. During home construction the city will require erosion control techniques to be used on-site including silt fences, wattle logs, and a rock construction entrance. 5. Landscaping. The UDC requires the builder to plant one new tree in the front yard of each new home. 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. C. RECOMMENDED FINDINGS 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 to 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. D. FINAL PLAT In addition to preliminary plat approval for the Lombardy 2 nd 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 final plat is in conformance to the preliminary plat. 8.4 LOMBARDY 2ND ADDITION – PRELIMINARY AND FINAL PLAT APPLICATION PAGE 5 OF 5 E. REQUESTED ACTION At the June 13, 2022 Planning Commission meeting, the Commission recommended approval of the subdivision by a vote of 6 to 0 (three persons absent), subject to 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 pay a $1,000 park dedication fee. 2. 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. 2. 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. 3. 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 sa me or any other condition, covenant, or term. 4. 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. 5. 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. City Council motion to approve the proposed resolution (att achment E) is requested. 8.4 Site Location and Public Hearing Notice Mailing Map 6810 – 60th Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 8.4 Zoning Map 6810 – 60th Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 8.4 Attachment C8.4 BLOCK 1TF=875.8G=875.5TF=876.1G=875.8C1.1PRELIMINARY GRADING & UTILITYSERVICE PLANDMPDESIGNED:LIC. NO.:DATE:DAVID M POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.05-16-2022CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:5/16/2022 11:26 AMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\22024_Lombardy 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\30_Grading.dwg LOMBARDY 2ND ADDITIONNOBERG HOMESCRYSTAL, MNFeet02040“” LEGEND:X.X%8.4 BLOCK 1TF=875.8G=875.5TF=876.1G=875.8C2.1PRELIMINARY EROSION &SEDIMENT CONTROL PLANDMPDESIGNED:LIC. NO.:DATE:DAVID M POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.05-16-2022CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:5/16/2022 11:26 AMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\22024_Lombardy 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\40_Erosion.dwg LOMBARDY 2ND ADDITIONNOBERG HOMESCRYSTAL, MNFeet02040LEGEND:8.4 C3.1PRELIMINARY DETAILSDMPDESIGNED:LIC. NO.:DATE:DAVID M POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.05-16-2022CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:5/16/2022 12:03 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\22024_Lombardy 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\50_Details.dwg LOMBARDY 2ND ADDITIONNOBERG HOMESCRYSTAL, MN*DETAILS ARE NOT TO SCALE*8.4 8.4 8.4 Attachment D8.4 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022-________ RESOLUTION APPROVING LOMBARDY 2ND ADDITION PRELIMINARY AND FINAL PLAT WHEREAS, Noberg Homes (“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 plat is named Lombardy 2nd Addition and it creates parcels for two new single-family homes; and WHEREAS, the Planning Commission held a public hearing regarding the preliminary plat request on June 13, 2022 and voted to forward the application to the City Council with a recommendation that the proposed plat be approved with certain conditions; and WHEREAS, the City Planner’s report dated June 16, 2022 regarding this matter, which is attached hereto as Exhibit C recommends approval of the request and 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 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the recommendation of the Planning Commission, the record of this matter and the findings and determinations contained herein, hereby grants preliminary and final approval for the plat of Lombardy 2nd Addition, 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 pay a $1,000 park dedication fee. 2.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. Attachment E 8.4 3. 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. 4. 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. 5. 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. 6. 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. Adopted by the Crystal City Council this 21st day of June, 2022. ____________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk 8.4 EXHIBIT A Final Plat (attached hereto) 8.4 EXHIBIT B Legal Description of the Property Lot 8, Block 2, Lombardy Addition, Hennepin County, Minnesota. 8.4 EXHIBIT C Planner’s Report (attached hereto) 8.4 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Brian V. Hubbard, Deputy Chief of Police CC: Anne Norris, City Manager Stephanie Revering, Chief of Police DATE: June 9, 2022 SUBJECT: POLICE EQUIPMENT REVOLVING FUND ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM In 2018, the Police Department purchased a Firearms Training Simulator (FATS) system to assist in training officers in critical decision-making skills. This system has been integrated into our current training regiment and has been a very helpful tool for officers. When this system was purchased, funds were budgeted in the 2022 PERF budget for an expected upgrade to this sophisticated piece of technology. While our instructors were researching how best to upgrade the system, and with the addition of the move into the new Police Department building, it was determined that the best option was to trade-in the current FATS system and purchase a different system from VirTra within the allocated budget for the upgrade. This system will be permanently installed in the Training Room in the Police Department which will make it a tool that can be readily accessible and more consistently used by officers. A Training Simulator is a scenario-based tool that allows officers to practice and refine their skills in communication, verbal de-escalation, as well as critical and tactical decision making. It provides hundreds of possible scenarios, all of which can be manipulated based on the actions of the officer or the training intent of the situation. In addition to being an outstanding tool for Crystal Police Officers, this is a unique resource that can also be made available for other police departments, as well as providing great opportunities for community awareness, training, and transparency through allowing the public to utilize it during events like the Community Police Academy, etc. We are asking for approval of the attached resolution which has been placed on the regular agenda of the June 21, 2022 council meeting. As always, please let me know if you have any questions. Thank you for your consideration. 8.5 RESOLUTION NO. 2022- RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND EXPENDITURE FOR PURCHASE OF VIRTRA VIRTUAL INTERACTIVE SIMULATOR TRAINING SYSTEM WHEREAS, the City Manager's office has received and recommends approval of said appropriations, and WHEREAS, the appropriation is included in the 2022 Police Equipment Fund Budget, and WHEREAS, the City Council hereby acknowledges: 1.This virtual interactive simulator training system will be used to train Crystal Police Officers in skills and tactics specific to their positions. 2.The most suitable source of funding is the Police Equipment Revolving Fund. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CRYSTAL hereby authorizes the purchase of a VirTra virtual interactive simulator training system. Cost to include purchase of the system and all related equipment and software not to exceed $30,000. Adopted by the Crystal City Council this 21st day of June, 2022. ____________________________________ Jim Adams, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 8.5 8.6 8.6 8.6 8.6 8.6 8.6 8.6 8.6 8.6 8.6 8.6 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, JUNE 21, 2022 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Approval of minutes from the May 17, 2022 regular meeting and June 7, 2022 work session. 4. Consider a resolution supporting tax increment financing assistance for a multi- family housing project at 7000 57th Avenue North. 5. Property status update * 6. Other business * 7. Adjournment * *Items for which no materials are included in the packet Page 1 of 3 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting Council Chambers May 17, 2022 1. Call to Order President Banks called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 7:33 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, Brendan Banks, John Budziszewski, David Cummings, Therese Kiser and Olga Parsons. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter, City Planner Dan Olson and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Budziszewski (Kiser) to approve the minutes from the April 5, 2022 regular meeting. Motion carried. 4. Review proposals and consider selection of a developer for EDA property at 4824 56th Ave. N. Staff presented the two proposals received, acknowledged the presence of developer representatives (if applicable), and requested board action to select a developer. Glenn Hammer of Great Buy Homes addressed and answered questions from the board. Moved by Commissioner Adams (Cummings) to select Great Buy Homes as the developer for EDA property at 4824 56th Ave. N. Motion carried. 5. Review proposals and consider selection of a developer for EDA property at 3401-3415 Douglas Dr. N. Staff presented the proposal received and requested board action to select a developer. Page 2 of 3 Moved by Commissioner Adams (Budziszewski) to select Hampton Companies as the developer for EDA property at 3401-3415 Douglas Dr. N. Motion carried. 6. Property Status Update Staff updated the board on several current and potential projects:  6105 42nd Ave. N. - Elision Playhouse mural  3600 Douglas Dr. N. - still on the market, retail user looking to purchase  5358 West Broadway - vacant Burger King - sold, new owner will convert to office  5730 Bottineau Blvd. - Crystal Vision Clinic under construction  6014 Lakeland Ave. N. - Rostamo’s to be demolished, Odam Medical Clinic to start construction this summer  5240 West Broadway - Sand Companies 58 unit, 4 story apartment building - zoning and TIF applications expected in July for Planning Commission, City Council and EDA meetings in August  7000 57th Ave. N. - office building for sale - developer considering an apartment building on the site, will be presented for discussion at June 7 work session  West Broadway / Douglas Drive intersection reconstruction - awaiting regional funding decision later this year, construction anticipated 2026-2027 if funded 7. Other Business There was no other business. 8. Adjournment Moved by Commissioner Budziszewski (Kiser) to adjourn the meeting. Motion carried. The meeting adjourned at 8:16 p.m. Page 3 of 3 These minutes of the May 17, 2022 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Brendan Banks, President ATTEST: ______________________________ Nancy LaRoche, Secretary Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Work Session Council Chambers June 7, 2022 1. Call to Order Secretary LaRoche, as presiding officer, called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 6:19 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, John Budziszewski, David Cummings, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter and City Attorney Troy Gilchrist. 3. Presentation and discussion regarding a proposal by MWF Properties for redevelopment of 7000 57th Ave. N. Staff presented information about the proposed development of a 60 unit, 4 story apartment building on the site of an existing office building at 7000 57th Ave. N. MWF Properties intends to apply to the state for housing tax credits in July and requests an EDA resolution of support for Tax Increment Financing to help close the remaining financing gap and boost the score for their tax credit application. The EDA will be asked to consider a non-binding TIF support resolution on June 21. The board discussed several aspects of the proposed development, including the proposed financing for the development and the effects of the state’s 4d property tax classification. Ryan Schwickert of MWF Properties addressed the board. 4. Adjournment The work session adjourned at 6:59 p.m. Page 2 of 2 These minutes of the June 7, 2022 work session of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Brendan Banks, President ATTEST: ______________________________ Nancy LaRoche, Secretary Page 1 of 3 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: June 16, 2022 TO: Anne Norris, Executive Director (for June 21 EDA meeting) SUBJECT: Presentation and discussion regarding a proposal by MWF Properties for redevelopment of 7000 57th Ave. N. The office building at 7000 57th Ave. N., “Crystal Square”, was built in 1976. It has a 2022 estimated market value of $1,035,000 and is currently listed for sale at $1,500,000. 2021 aerial photo: EDA STAFF REPORT Proposed Redevelopment 7000 57th Ave. N. MWF Properties Page 2 of 3 2022 real estate listing photo: MWF Properties, an experienced apartment developer with recent projects across the Twin Cities, is proposing a 60-unit apartment building on the site. MWF’s preliminary unit mix would be as follows: Bedrooms Maximum Household Income & Baths 30% AMI 50% AMI 60% AMI Totals by bedrooms and baths 1 / 1 3 12 0 15 (25%) - 1 bedroom, 1 bath 2 / 1 or 2 3 24 3 30 (50%) - 2 bedrooms, 1 or 2 baths 3 / 2 0 0 10 10 (17%) - 3 bedrooms, 2 baths 4 / 2 0 0 5 5 (8%) - 4 bedrooms, 2 baths Totals 6 (10%) 36 (60%) 18 (30%) at max. of units at of units at of units at income 30% AMI 50% AMI 60% AMI The largest source of funds would be federal Low Income Housing Tax Credits (LIHTC) which are awarded by the Minnesota Housing Finance Agency (MHFA). To be considered for 2023 construction, MWF must submit their LIHTC application to MHFA by July 15 and the tax credit awards would be announced in Dec. 2022 - Jan. 2023. MWF has estimated the preliminary sources, uses and financing gap for the project: $18,137,000 Sources - 19,396,458 Uses = 1,259,458 Financing Gap To help close the anticipated financing gap and maximize the project’s LIHTC score at MHFA, MWF is asking the EDA to discuss its willingness to provide local funding through a Housing Tax Increment Financing (TIF) district. Staff asked our TIF consultant, Ehlers and Associates, to estimate the present value of TIF assistance for 10 and 15-year district durations and market-rate, current 4d and proposed 4d property tax classifications. See table on next page. Page 3 of 3 The developer intends to classify the property as 4d, which is a special property tax classification rate for affordable housing, shown as “Current 4d” on the table above. - This would be consistent with The Cavanagh and the proposed Sand Companies project. - Currently, state law allows any qualifying affordable apartment building to apply for and receive 4d classification. There is no local say in the matter. - The Legislature’s conference committee tax bill (“Proposed 4d”) would reduce the classification rate for 4d properties, thus even further reducing property taxes paid by 4d properties. - However, the tax bill also contains a provision requiring city approval for any new 4d properties, meaning that the city could choose not to approve 4d classification for any properties not already classified as such. - If that tax bill becomes law, staff and the City Council will need to develop a 4d policy consistent with Council goals. - Both the lower 4d classification rate and the option for the city to deny 4d classification would potentially impact this project. MWF acknowledged this at the June 7 work session. The maximum duration of a housing TIF district is 26 years. For the MWF project, a 10-year TIF duration would reduce the $1,259,458 financing gap by $375,000 based on the current 4d classification rate. Please note that the developer has not submitted a formal TIF application but this would be required prior to any EDA or City Council action to create a TIF district. In the meantime, the developer needs to know whether they can include any sort of proposed TIF in their LIHTC application to MHFA. This would need to be a resolution similar to what was adopted by the EDA in June 2021 for the Sand Companies project. Because the LIHTC application deadline is July 15, the June 21 meeting is the only opportunity for the EDA to consider such a resolution. Please note that the resolution would be conditioned on the project receiving LIHTC and not binding upon the EDA/city even if LIHTC are awarded. Representatives from MWF will attend the June 21 EDA meeting to make a presentation and answer questions about the proposed development. EDA action for consideration: Motion to adopt the attached resolution of support for a 10-year housing TIF district. Page 1 of 2 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022 - ___ RESOLUTION SUPPORTING TAX INCREMENT FINANCING ASSISTANCE FOR A MULTI-FAMILY HOUSING PROJECT AT 7000 57TH AVENUE NORTH WHEREAS, MWF Properties (“Developer”) has proposed to build a 60 unit multi-family housing development project at 7000 57th Avenue North (“Project”); and WHEREAS, Developer intends to apply for Low Income Housing Tax Credit financing (“Tax Credits”) for the Project; and WHEREAS, the success of this application will depend, to some degree, on local support of the project through the commitment of Tax Increment Financing. NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA (“EDA”): 1. The EDA supports the application for Tax Credits for a 60 unit multi-family housing development project at 7000 57th Avenue North; and 2. Upon receipt of a complete Application for Public Financing from Developer, including the application fee and escrow deposit, staff is authorized to prepare a Tax Increment Financing Plan (“TIF Plan”) for a tax increment financing district qualified as a housing district with a 10 year duration and, based on current property tax classification rates, an estimated maximum of $375,000 in tax increment financing assistance, subject to the procedures under state law for the establishment of the tax increment district and the grant of tax increment financing assistance, for consideration by the EDA and City Council; and 3. The TIF Plan preparation authorized by this resolution shall be predicated upon the award of Tax Credits for the Project, and if Developer has not secured an allocation of Tax Credits for the Project by February 1, 2023, then the support for the Project expressed by this resolution shall expire and be no longer in effect; and Page 2 of 2 4. The adoption of this resolution does not bind the City of Crystal or its Economic Development Authority to provide tax increment financing or other available municipal funds for the Project. Adopted this 21st day of June, 2022. __________________________ Brendan Banks, President __________________________ Anne Norris, Executive Director mCm ck � 8 koppwNrybrtl4 µwtlne fiLm t b Twd m (m/wmexenpame>nmtrJum (aapmnenepavUm IW� 1 wpklannuaaawx �eJtl /Y/a+ Hrb.erwr w J w. N/i NrMPOv4 EnvJ abftf 0)2 6n MM9 iloN pu M nv ahntlarce mY pvNtlpMm