2022.09.20 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Sept. 16, 2022
City Council Meeting Schedule
Tuesday, Sept. 20, 2022
Time Meeting Location
6:45 p.m.
City Council work session to discuss:
1. City manager monthly check-in.
2. Constituent issues update.
3. New business.
4. Announcements.
Council Chambers/
Zoom
7 p.m. City Council meeting Council Chambers/
Zoom
Immediately
following the
City Council
meeting
Continuation of City Council work session, if necessary Council Chambers/
Zoom
The public may attend the meetings via Zoom by connecting to them through one of the methods
identified below.
Topic: Crystal City Council work session, City Council meeting and continuation of City Council work
session, if necessary.
Time: Sept. 20, 2022 6:45 p.m. Central Time (US and Canada)
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Sept. 16, 2022
City Council Work Session Agenda
Tuesday, Sept. 20, 2022
6:45 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, Sept. 20, 2022 at
_____ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN, and via
Zoom. 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 City Council
meeting. The public may attend the meeting via Zoom by connecting to it through one of the
methods identified on the City Council Meeting Schedule for Tuesday, Sept. 20, 2022.
I. Attendance
Council members Staff
____ Cummings ____ Norris
____ Kiser ____ Therres
____ LaRoche ____ Gilchrist
____ Parsons ____ Elholm
____ Adams ____ Larson
____ Banks ____ Ray
____ Budziszewski ____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. City manager monthly check-in.
2. Constituent issues update.
3. New business. *
4. Announcements. *
III. Adjournment
The work session adjourned at ______ p.m.
* Denotes no supporting information included in the packet.
Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
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 –SEPTEMBER 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
▪ Community Development staff continuing to work with
developers regarding redevelopment opportunities for vacant or
underutilized buildings
o Strong Neighborhoods
▪ Code enforcement – on-going
▪ Continued implementation of Master Parks System Plan
improvements – court improvements at Becker Park complete,
work on prairie and dog park at Bassett Creek Park starting, and
soccer field at FAIR underway
▪ Home improvement loans/rebates available through CEE- on-
going
o Sound fiscal policies and practices
▪ Preliminary 2023 budget and levies approved 9/6/22
▪ Updated long term plan (2023 – 2032) reviewed in August and
again 10/13/22
o Welcoming and inclusive community
▪ Inclusion and Diversity Commission applicants interviewed
9/12/22 – Council will appoint 9/20/22
Objective 2 – Work-life balance
o Connecting with neighboring city managers – on-going
o Participate in metro and state professional organization to stay current
with trends; attending 2022 ICMA conference 9/18-21
o Continue participation in peer group
o Recruiting for next city manager in progress; applications due 10/5/22
Objective 3 – Monitor difficult conversations regarding Council effectiveness
o Inclusion and diversity commission final version unanimously approved
Constituent Issues
Page 1 of 2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Sept. 16, 2022
City Council Meeting Agenda
Tuesday, Sept. 20, 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. Proclamation
3.1 Mayor Adams will proclaim September 17 – 23 as Constitution Week in Crystal.
4. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature,
in a single motion:
4.1 Approval of the minutes from the following meetings:
a. The City Council regular meeting on Sept. 6, 2022.
b. The City Council regular work session on Sept. 6, 2022.
c. The City Council regular work session on Sept. 8, 2022.
d. The City Council special work session on Sept. 12, 2022.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list
that is on file in the office of the city clerk.
4.3 Adoption of a resolution appointing an interim commissioner to the Joint Water Commission.
4.4 Adoption of a resolution rescinding parking restrictions on a portion of Brunswick Ave. N.,
south of 42nd Ave. N.
4.5 Adoption of a resolution approving and authorizing the execution of a joint powers
agreement for the fence consortium.
4.6 Adoption of a resolution accepting a donation of a statue memorializing Barway Collins and
celebrating all children.
4.7 Appointment of members to the Inclusion and Diversity Commission.
Page 2 of 2
5. Open Forum
(The City Council appreciates hearing from citizens about items of concern and desires to set aside
time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is
limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as
presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any
item brought before the Council during Open Forum. The Council may place items discussed during
Open Forum onto subsequent council meeting agendas).
6. Regular Agenda
6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Recommend approval of disbursements over $25,000.
6.2 The Council will consider a resolution approving the purchase of a replacement dump truck.
The Fleet capital fund includes funds for the purchase of replacement vehicles.
Recommend adoption of the resolution approving this replacement purchase.
7. Announcements
a. The Police station ribbon cutting and open house is Saturday, September 24, 10 a.m. – 2 p.m.
b. The next City Council meeting is Monday, Oct. 3 at 7 p.m. in the Council Chambers at City Hall
and via Zoom.
c. City Council meetings and work sessions are open to the public. Current and previous
meetings are available for viewing and listening at www.crystalmn.gov.
8. Adjournment
Have a great weekend; Assistant City Manager Kim Therres will be attending the meeting.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 •
www.crystalmn.gov
PROCLAMATION
CONSTITUTION WEEK: SEPTEMBER 17 – 23, 2022
WHEREAS, September 17, 2022, marks the two hundred and thirty fifth
anniversary of the drafting of the Constitution of the United States of America by the
Constitutional Convention; and
WHEREAS, the Constitution provides the framework of and for our government
with a set of principles that guarantees citizens with certain rights, freedoms and
responsibilities; and
WHEREAS, the Constitution further outlines the power of the federal governm ent
and leaves other matters to state governments, ensuring that the government remain
accountable to its citizens; and
WHEREAS, it is fitting to officially recognize the Constitution and the anniversary
of its creation; and
WHEREAS, to honor the principles outlined in the Constitution, the United States
Congress, by joint resolution on August 2, 1956 (36 U.S.C. 108) requests that the
President shall proclaim the week between September 17 and 23 each year as
Constitution Week.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby
proclaim September 17- 23, 2022, as CONSTITUTION WEEK in the City of Crystal. I
encourage residents to study the importance of active citizenship and the strength of
our Constitution.
Dated this 20th day of September, 2022.
________________________________
Jim Adams, Mayor
3.1
Crystal City Council meeting minutes Sept. 6, 2022
Page 1 of 8
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
Sept. 6, 2022 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, M N 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: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Council Member Budziszewski was absent.
City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Assistant Finance Director J.
Bursheim, West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray,
Community Development Director J. Sutter, Police Chief S. Revering, Public Works Project Manager
B. Perkey and City Clerk C. Serres.
Assistant City Manager K. Therres and Recreation Director J. Elholm were present via Zoom.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pled ge of Allegiance.
2.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member Banks and seconded by Council Member LaRoche to approve the
agenda.
Motion carried.
3.Appearances
3.1 The presenting of police awards by Chief Revering was postponed to a future meeting.
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 special meeting on Aug. 16, 2022.
b.The City Council regular meeting on Aug. 16, 2022.
c.The City Council regular work session on Aug. 16, 2022.
d.The City Council regular work session on Aug. 18, 2022.
4.2 Approval of the list of license applications submitted by the city clerk t o the City Council, a list
that is on file in the office of the city clerk.
4.3 Adoption of Res. No. 2022-69, accepting donations.
4.4 Adoption of Res. No. 2022-70, amending the approved tree list.
4.5 Approval of the city manager position profile and recruitment process timeline.
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 2 of 8
Moved by Council Member Banks and seconded by Council Member Parsons to approve the
consent agenda.
Council Member Banks abstained from the vote.
Motion carried.
5. Open Forum
The following persons addressed the Council regarding regular agenda item 7.5:
• Kathy Bissen, 6603 36th Ave. N., Jason Frakes, 3540 Hampshire Ave. N. and Laurenda Frakes,
3540 Hampshire Ave. N.
The following person addressed the Council regarding regular agenda item 7.6:
• Dave Bissen, 6603 36th Ave. N.
The following person addressed the Council regarding the moratorium on the sale of cannabis
products:
• Brandon Mead, 2720 Douglas Dr. N.
6. Public Hearing
6.1 Mayor Adams announced the purpose of the public hearing:
To receive comment, and Council consideration of a resolution vacating an alley easement at
5256 West Bdwy. Ave.
Community Development Director John Sutter addressed the Council.
Mayor Adams opened the public hearing for testimony. There being no one wishing to appear
before the Council to give testimony, Mayor Adams declared the public hearing closed.
Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the
following resolution:
RESOLUTION NO. 2022 – 71
RESOLUTION VACATING AN ALLEY EASEMENT WITHIN THE
PLAT OF HANSON’S ADDITION
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7. Regular Agenda
7.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Moved by Council Member Kiser and seconded by Council Member Cummings to approve the
list of disbursements over $25,000.
Voting aye: Cummings, Kiser, LaRoche, Parson, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried.
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 3 of 8
7.2 The Council considered resolutions approving the 2023 preliminary budget and levies.
Assistant Finance Director Jodi Bursheim addressed the Council.
Moved by Council Member Banks and seconded by Council Member Cummings to adopt the
following resolution:
RESOLUTION NO. 2022 – 72
RESOLUTION APPROVING 2023 PROPOSED GENERAL FUND BUDGET,
2023 PRELIMINARY PROPERTY TAX LEVY, SET PUBLIC INPUT DATE
FOR THE 2023 BUDGET AND PRELIMINARY PROPERTY TAX LEVY
By roll call voting aye: Banks, Cummings, Kiser, LaRoche and Parson.
Voting nay: Adams.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the
following resolution:
RESOLUTION NO. 2022 – 73
RESOLUTION APPROVING 2023 PROPOSED ECONOMIC
DEVELOPMENT AUTHORITY PROPERTY TAX LEVY
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.3 The Council considered a resolution approving a lot consolidation at 5232 – 5256 West Bdwy.
Ave.
Community Development Director John Sutter addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the
following resolution:
RESOLUTION NO. 2022 – 74
RESOLUTION APPROVING LOT CONSOLIDATION VIA THE
FINAL PLAT OF CRYSTAL HOUSING GROUP ADDITION
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.4 The Council considered the second reading of an ordinance rezoning 5240 West Bdwy. Ave. to
TC-PD for a 58-unit apartment building (5240 Apts) and a resolution authorizing summary
publication of the ordinance.
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 4 of 8
Community Development Director John Sutter addressed the Council.
Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the
following ordinance:
ORDINANCE 2022 – 05
AN ORDINANCE AMENDING THE ZONING MAP TO REZONE
PROPERTY FOR CRYSTAL HOUSING GROUP LOCATED AT 5232, 5240,
5248, AND 5256 WEST BROADWAY AVENUE FROM INDUSTRIAL (I)
TO TOWN CENTER – PLANNED DEVELOPMENT (TC-PD)
And further, that this is the second and final reading.
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried.
Moved by Council Member Banks and seconded by Council Member Parsons to adopt the
following resolution:
RESOLUTION NO. 2022 – 75
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2022-05
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.5 The Council considered the second reading of an ordinance amending City Code Chapter V,
Unified Development Code, and a resolution authorizing summary publication of the ordinance.
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 – 06
AN ORDINANCE MAKING VARIOUS AMENDMENTS
TO CHAPTER V OF THE CRYSTAL CITY CODE
And further, that this is the second and final reading.
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried.
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 5 of 8
Moved by Council Member Cummings and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2022 – 76
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2022-06
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.6 The Council considered the second reading of an ordinance amending City Code Chapter IV,
Subsection 400.17 (numbering of buildings) and a resolution authorizing summary publication
of the ordinance.
Community Development Director John Sutter addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the
following ordinance:
ORDINANCE 2022 – 07
AN ORDINANCE REVISING CHAPTER IV OF THE CRYSTAL
CITY CODE REGARDING NUMBERING OF HOUSES AND BUILDINGS
And further, that this is the second and final reading.
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried.
Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the
following resolution:
RESOLUTION NO. 2022 – 77
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2022-07
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.7 The Council considered resolutions approving the purchase of two replacement dump trucks.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member Parsons and seconded by Council Member LaRoche to adopt the
following resolutions in one motion:
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 6 of 8
RESOLUTION NO. 2022-78
APPROVING THE PURCHASE OF A REPLACEMENT DUMP TRUCK AND ATTACHMENTS
RESOLUTION NO. 2022-79
APPROVING THE PURCHASE OF A REPLACEMENT DUMP TRUCK AND ATTACHMENTS
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolutions declared adopted.
7.8 The Council considered a resolution authorizing professional services for the 2023 Utility
Reconstruction Project.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the
following resolution:
RESOLUTION NO. 2022 – 80
AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE
2023 UTILITY RECONSTRUCTION PROJECT
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.9 The Council considered a resolution declaring the amount to be assessed, ordering the
preparation of the assessment roll, and setting a date for the public hearing for the 2022 Utility
Reconstruction private sanitary sewer service repairs.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member Banks and seconded by Council Member Cummings to adopt the
following resolution:
RESOLUTION NO. 2022 – 81
DECLARING AMOUNT TO BE ASSESSED, ORDERING PREPARATION OF
ASSESSMENT ROLL AND SETTING DATE FOR PUBLIC HEARING FOR 2022 UTILITY
RECONSTRUCTION PRIVATE SANITARY
SEWER SERVICES REPAIRS
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 7 of 8
7.10 The Council considered a resolution authorizing the purchase of a replacement street sweeper.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2022 – 82
APPROVING THE PURCHASE OF A
STREET SWEEPER
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adam, and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.11 The Council considered a resolution awarding a contract for improvements to the
administration side of City Hall.
City Manager Anne Norris addressed the Council.
Moved by Council Member Banks and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2022 – 83
AWARD CONTRACT FOR REPLACEMENT CARPET AND
PAINTING OF THE ADMINISTRATION SIDE OF CITY HALL
Voting aye: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried, resolution declared adopted.
7.12 The Council considered the 2021-2022 contract with Law Enforcement Labor Services (LELS),
Local 56 (police supervisors).
Assistant City Manager Kim Therres addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Banks to approve the
2021-2022 contract with Law Enforcement Labor Services (LELS), Local 56 (police supervisors).
Voting aye: Cummings, Kiser, LaRoche, Parson, Adams and Banks.
Absent, not voting: Budziszewski.
Motion carried.
8. Announcements
The Council made announcements about upcoming events.
9. Adjournment
4.1(a)
Crystal City Council meeting minutes Sept. 6, 2022
Page 8 of 8
Moved by Council Member LaRoche and seconded by Council Member Banks to adjourn the
meeting.
Motion carried.
The meeting adjourned at 8:16 p.m.
____________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Chrissy Serres, City Clerk
4.1(a)
Crystal City Council work session minutes Sept. 6, 2022
Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the
regular work session of the Crystal City Council was held at 6:14 p.m. on Sept. 6, 2022 in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN 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: Cummings, Kiser, LaRoche, Parsons, Adams and Banks.
Council Member Budziszewski was absent.
City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Public Works Director M. Ray,
Police Chief S. Revering, Community Development Director J. Sutter and City Clerk C. Serres.
Assistant City Manager K. Therres and Recreation Director J. Elholm were present via Zoom.
II.Agenda
The Council and staff discussed the following agenda item s:
1.Metropolitan Airports Commission and assessments.
2.Fence consortium.
Mayor Adams continued the work session to resume immediately after the City Council meeting.
Mayor Adams reconvened the work session at 8:16 p.m. The Council and staff discussed the
following remaining agenda items:
3.Constituent issues update.
4.New business.
5.Announcements.
III.Adjournment
The work session adjourned at 8:32 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
4.1(b)
Crystal City Council work session minutes Sept. 8, 2022
Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the
regular work session of the Crystal City Council was held at 7 p.m. on Sept. 8, 2022 in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the
meeting to order.
I.Attendance
The city manager recorded the attendance for city council members and staff:
Council members present: Budziszewski, Cummings, Kiser, LaRoche, and Adams.
Council members Banks and Parsons were absent.
City staff present: City Manager A. Norris and Community Development Director J. Sutter.
Public Works Director M. Ray was present via Zoom.
II.Agenda
The Council and staff discussed the following agenda item:
1.Blue Line Extension anti-displacement policies.
III.Adjournment
The work session adjourned at 8:01 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Anne Norris, City Manager
4.1(c)
Crystal City Council special work session minutes Sept. 12, 2022
Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the
special work session of the Crystal City Council was held at 6:38 p.m. on Sept. 12, 2022 in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the
meeting to order.
I.Attendance
The city manager recorded the attendance for city council members and staff:
Council members present: Budziszewski, Cummings, Kiser, LaRoche, Parsons, Adams, and Banks.
City staff present: City Manager A. Norris.
II.Agenda
The Council and staff discussed the following agenda item:
1.Interview Inclusion and Diversity Commission applicants.
III.Adjournment
The work session adjourned at 8:30 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Anne Norris, City Manager
4.1(d)
Page 1 of 1
City of Crystal Council Meeting
Sept. 20, 2022
Applications for City License
Refuse Hauler
ACE Solid Waste dba Waste Connections, 6601 McKinley St. N.W., Ramsey, MN 55303
Aspen Waste Systems, Inc., 2951 Weeks Ave. S.E., Minneapolis, MN 55414
Curbside Waste, Inc., 4025 85th Ave. N., Brooklyn Park, MN 55444
Darling Ingredients, Inc., 9000 382nd Ave., Blue Earth, MN 56013
Dick’s Sanitation Services, 8984 215th St. W., Lakeville, MN 55044
Farmers Union/Midwest Grease, P.O. Box 319, Redwood Falls, MN 56283
Lepage & Sons, Inc., 23602 University Ave. N.W., Bethel, MN 55005
Walters Recycling & Refuse, P.O. Box 67, Circle Pines, MN 55014
Rental – New
4711 Adair Ave. N. – Milena Elimelakh (Conditional)
4730 Xenia Ave. N. – Todd Mathison (Conditional)
Rental – Renewal
5330 Angeline Ave. N. – Mark Lange
3601-3603 Colorado Ave. N. – Reese Pfeiffer (Conditional)
3136 Douglas Dr. N. – Vertical Capital Group LLC (Conditional)
3960 Douglas Dr. N. – Ruth Klatte (Conditional)
5115 Douglas Dr. N. – Joy Joyce LLC (Conditional)
5153 Douglas Dr. N. – James McVeigh (Conditional)
5401 Florida Ave. N. – Jin Chen (Conditional)
4075 Jersey Ave. N. – Pro Operam (Conditional)
4088 Jersey Ave. N. – Reese Pfeiffer (Conditional)
2700 Louisiana Ave. N. – Kshitij Goel
3250 Nevada Ave. N. – William Norberg (Conditional)
5856 Quebec Ave. N. – Loren George
5424 Vera Cruz Ave. N. – Julian Jayasuriya (Conditional)
3209 Welcome Ave. N. – Sarah Lyons
3703 Zane Ave. N. – Mark Butler
7225 32nd Ave. N. – Mark Edblom
6910-6940 54th Ave. N. – Kentucky Ln. LP (Conditional)
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2022 - _____
RESOLUTION APPOINTING INTERIM COMMISSIONER
TO JOINT WATER COMMISSION
WHEREAS, the City of Crystal, with the cities of Golden Valley and New
Hope, comprise the Joint Water Commission, for the purpose of purchasing
water from the city of Minneapolis and maintaining a joint water supply, storage
and distribution system; and
WHEREAS, the Joint Water Commission is composed of three members,
the city manager of each city and are appointed by the City Council of each city;
and
WHEREAS, after October 28, 2022, Crystal’s appointed representative is
retired; and
WHEREAS, Crystal needs an interim representative until the next city
manager is selected; and
WHEREAS, Crystal’s Public Works Director Mark Ray is one of Crystal’s
representatives on the Joint Water Commission’s Technical Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Crystal that Mark Ray is appointed as Crystal’s interim commissioner to the Joint
Water Commission effective October 29, 2022, until the next city manager is
hired and appointed.
Adopted by the Crystal City Council this 20th day of September, 2022.
___________________________
Jim Adams, Mayor
ATTEST:
______________________________
Chee Yang, Deputy City Clerk
4.3
Memorandum
DATE: September 20, 2022
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Bill Bowman, Streets Superintendent
SUBJECT: Rescinding parking restrictions on Brunswick Ave, south of 42nd Ave
Summary
City staff noticed that the existing no parking signs on Brunswick Ave N, south of 42nd, had faded and
needed to be replaced. Before just replacing the signs, the question was raised if indeed the parking
restrictions were still needed. On the west side of Brunswick, no parking is permitted up to a point
approximately 200 feet south of 42nd. On the east side, no parking is permitted from 7am to 10pm
Monday through Friday from 42nd Ave south approximately 325 feet.
Staff looked into the history of the parking restrictions. The parking restrictions date back to when the
Elision Playhouse was a fabric retail store that had semi-truck deliveries, as well as a popular bus stop
at Brunswick and 42nd where a considerable number of people used Brunswick to a park and ride.
Parking Summary
While the time restrictions will be removed from this area, the normal city-wide overtime no on-street
parking restrictions will still apply.
Attachment
•Location map
Recommended Action
Motion to approve the resolution rescinding the parking restrictions on a portion of Brunswick Ave N
4.4
X
X
X
X
X
&
X
X
X
X
X
Brunswick Avenue North
42nd Avenue North
41714170602341214150 4151
4160
4161600141696028
60006121611361056016
4121
´
0 50 100
Feet
No Parking
No Parking
Here Back
to Corner
No Parking
No Parking
7-10 M-F
4.4
RESOLUTION NO. 2022 - ______
RESCINDING PARKING RESTRICTIONS
ON A PORTION OF BRUNSWICK AVE N, SOUTH OF 42ND AVE
WHEREAS, the City Council has the power and authority, pursuant to State Statute
Chapter 169.06, Subd. 3., to place and maintain traffic control devices on City streets to regulate
traffic; and
WHEREAS, all traffic control shall conform to the state manual and specifications for
traffic control devices; and
WHEREAS, the City has completed an engineering study of the corridor which
recommended the rescinding of the on-street parking prohibition; and
WHEREAS, per City Code the on-street parking will still be prohibited between 2 AM
and 5 AM;
NOW, THEREFORE, BE IT RESOLVED that the City hereby rescinds the various
posted parking restrictions of any vehicles or equipment on Brunswick Ave N, from 42nd Ave to
a point approximately 350 feet south of the intersection.
Adopted by the Crystal City Council this 20th day of September, 2022.
Jim Adams, Mayor
ATTEST:
____________________________
Chee Yang, Deputy City Clerk
4.4
Memorandum
DATE: September 20, 2022
TO: City Council
FROM: Stephanie Revering, Chief of Police
Mark Ray, PE, Director of Public Works
SUBJECT: Fence Consortium Joint Powers Agreement
Background
In the spring of 2021, a significant number of public agency professionals (with police, fire, public works, and
emergency management) joined together to form a Fence Working Group to explore the identified challenges and
develop a collective path forward with regards to anti-scale fencing. The Fence Working Group’s efforts have led to
the formation of a Fencing Consortium. The Fencing Consortium is made up of local government agencies
(members) that will jointly contract with a fencing vendor for the availability, storage, maintenance, and
transportation of anti-scale fencing (including vehicle gates and pedestrian doors). The Consortium will have, at a
minimum, enough fencing for the largest police department building in the Consortium. However, the Consortium
has the flexibility to increase the amount of fencing, gates, and doors as additional local governments join the
Consortium.
The intent of the Fencing Consortium is to provide anti-scale fencing within hours, not days, around potentially
impacted government building(s) in response to a critical incident in order to de-escalate the potential tensions
and:
1)Provide physical separation between law enforcement and protestors
2)Reduce the need for crowd control measures to be used
3)Create a space for protesting
4)Reduce resource demands committed to one location
The purpose and structure of the Fence Consortium is to provide experienced leadership for fence deployment
operations across multiple jurisdictions in a unified command structure and coordinate during the deployment of
anti-scale fencing. The Fence Consortium itself is a multi-agency, pre-planned, coordinated resource management
system to continue efforts to minimize multiple local and state agencies from being over-extended.
Project cost
Each member agency’s cost is pro-rated based on the footage of fencing needed for their location.
Attachment
•Fencing Consortium Joint Powers Agreement
Recommended action
Motion authorizing the resolution adopting the Fencing Consortium Joint Powers Agreement
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FENCING CONSORTIUM JOINT POWERS AGREEMENT
THIS FENCING CONSORTIUM JOINT POWERS AGREEMENT (“Agreement”) is
made and entered into by and among the Governmental Units identified in the attached Exhibit A
(each a “Member” or collectively the “Members”).
RECITALS
A. The civil unrest and resulting negative impacts on mental health, damage to buildings,
and a reduction in overall safety experienced in the Seven County Metropolitan Area in
recent years has given rise to a need for communities to have ready access to anti-
scalable fencing. The anti-scale fencing can be set up to protect public buildings, critical
infrastructure, and other key locations to de-escalate tensions between law enforcement
and protestors as well as reduce the need to rely on crowd control measures to protect
such locations from violent and destructive actors.
B. Appropriate fencing to serve this purpose is produced by few vendors, currently all of
which are located outside of the state.
C. This type of fencing is expensive and the delays associated with attempting to identify
and secure the delivery of fencing during the response to a critical incident may result in
unnecessary risks to personnel and public property.
D. By pooling resources and working cooperatively, communities can access high quality
fencing, trained personnel, and related resources to assemble it in as efficient manner as
possible to support de-escalation measures with protestors and protect facilities from
violent and destructive actors.
AGREEMENT
In consideration of the mutual agreements and understandings, and intending to be
legally bound, the Members hereby agree as follows:
ARTICLE I
DEFINITIONS AND PURPOSE
1.1. Definition of Terms. For the purposes of this Agreement, the following terms shall have
the meaning given them in this section.
(a) Additional Member. “Additional Member” means a Governmental Unit that
submits a Membership Resolution after the Effective Date and that the Board
votes to accept as a Member of the Fencing Consortium.
(b) Agreement. “Agreement” means this Fencing Consortium Joint Powers
Agreement.
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(c) Board. “Board” means the Fencing Consortium Joint Board established by this
Agreement.
(d) Call Out. “Call Out” means a request by a Requesting Member to the Board
requesting the deployment of the Fencing.
(e) Critical Incident. “Critical Incident” means an event or occurrence that occurs
within a Governmental Unit that is reasonably anticipated to result in, or that does
result in, civil unrest focused against one or more public buildings, infrastructure,
or other critical site with the Governmental Unit.
(f) Deployment Site. “Deployment Site” means the specific location at which the
Fence is to be assembled.
(g) Deployment Team. “Deployment Team” means the public works personnel or
others assigned by each Member who are responsible for responding to requests
by Members to assemble and disassemble the Fencing at a Member’s Deployment
Site in accordance with its Fencing Preplan.
(h) Deployment Team Manager. “Deployment Team Manager” is the member of the
Deployment Team designated as supervisor and who has operational control over
the deployment and demobilization of the Fencing.
(i) Effective Date. “Effective Date” means the date this Agreement goes into effect
and the date by which Original Members must adopt the Membership Resolution.
The Effective Date is September 2, 2022.
(j) Extended Membership Area. “Extended Membership Area” means the area
established by the Board outside of the Seven County Metropolitan Area in which
Governmental Units are eligible to request membership in the Fencing
Consortium.
(k) Fencing. “Fencing” means the non-scalable, portable, free-standing fence secured
by the Board and made available to Members under this Agreement.
(l) Fencing Preplan. “Fencing Preplan” means a plan developed by a Governmental
Unit showing the general location and length of the Fencing needed and the type
and location of gates within the Fencing.
(m) Governmental Unit. “Governmental Unit” means a local government or other
political subdivision of the State that is authorized under Minnesota Statutes,
section 471.59 to enter into a joint powers agreement. The term also includes
state agencies and joint powers entities that own a public building.
(n) Lease. “Lease” means the lease agreement between the Board and the Vendor to
secure the Fencing for the Fencing Consortium and that sets out the terms for the
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storge, delivery, and maintenance of the Fencing. The Lease may also establish
the use charge the Requesting Member is required to pay the Vendor for the
actual use of the Fencing.
(o) Member. “Member” means an Original Member or an Additional Member. The
term is used generally in this Agreement to refer to an individual current member
Governmental Unit or, in its plural form, to all current member Governmental
Units. A Governmental Unit must remain in good standing under this Agreement
to remain a Member of the Fencing Consortium.
(p) Member Assessment. “Member Assessment” means the amount determined
annually by the Board to pay the costs of the Fencing Consortium and which is
invoiced to each Member.
(q) Membership Resolution. “Membership Resolution” means the resolution form a
Governmental Unit adopts to join the Fencing Consortium. Any resolution that is
not substantively the same in all respects as the form resolution developed for
membership shall not constitute a Membership Resolution.
(r) Notification System. “Notification System” means the communications or alert
system, or systems, selected by the Board to issue a Call Out for the deployment
of the Deployment Team and Fencing to a Requesting Member’s Governmental
Unit.
(s) Original Member. “Original Member” means a Governmental Unit that
completed all requirements to enter into this Agreement prior to the Effective
Date.
(t) Public Works Mutual Aid Pact. “Public Works Mutual Aid Pact” means the
Public Works Joint Powers Mutual Aid Agreement, which was originally
effective as of July 1, 2018 and is incorporated herein by reference.
(u) Requesting Member. “Requesting Member” means a Member who makes a
request to the Board for the deployment of the Fencing in its Governmental Unit.
(v) Seven County Metropolitan Area. “Seven County Metropolitan Area” means the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
(w) Staging Area. “Staging Area” means the location identified for the Deployment
Team to gather at in response to a Call Out before convoying to the Deployment
Site.
(x) Surcharge. “Surcharge” means the amount an Additional Member is required to
pay to join the Fencing Consortium as determined by the Board. The Surcharge is
in addition to the amount the Additional Member is required to pay based on the
length of its Fencing needs as shown in its Fencing Preplan. The Surcharge
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includes the amount the Member is to pay for the Member Assessment for the
year in which the Governmental Unit becomes a Member and any buy-in costs as
determined by the Board.
(y) Vendor. “Vendor” means the fencing company selected to provide the Fencing to
the Fencing Consortium.
1.2. Purpose. It is the general purpose of this Agreement to:
(a) To establish the Fencing Consortium, the responsibilities of the Members toward
the Fencing Consortium, and to establish the “Fencing Consortium Joint Board”
to govern the Fencing Consortium and its operations;
(b) To authorize the Board to obtain and provide for the storage and deployment of
Fencing in response to a Critical Incident and for other purposes as provided in
this Agreement and as determined by the Board;
(c) To authorize the Board to negotiate and enter into an agreement with a Vendor to
obtain the Fencing and provide for its storage, delivery to, and return from a
Requesting Member’s Governmental Unit;
(d) To authorize the Board to establish policies and procedures for the deployment of
the Fencing, the training and deployment of the Deployment Team, and on other
matters as needed to achieve the purposes of this Agreement;
(e) To authorize the Board to determine the Governmental Units eligible for
membership in the Fencing Consortium, including expanding the eligible territory
as it determines is appropriate; and
(f) To authorize the Board, upon deliberation and continued communication with the
Members, to revise the initial structure of the Fencing Consortium over time as it
may determine is in the best interests of the Members to do things such as moving
from a leasing arrangement to purchasing the Fencing and to provide for its
storage, maintenance, and transportation.
ARTICLE II
FENCING CONSORTIUM ESTABLISHED
2.1. Established. There is hereby established, by the execution of this Agreement, the
“Fencing Consortium” as a joint powers entity formed pursuant to Minnesota Statutes,
section 471.59, which is to be managed and operated by the Board pursuant to the terms
of this Agreement.
2.2. Scope. This Agreement applies to those Governmental Units that are Members of the
Fencing Consortium and provides for the operation of the Fencing Consortium by a
Board of Directors elected as provided herein.
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ARTICLE III
MEMBERSHIP
3.1. Original Members. A Governmental Unit that adopts and submits the Membership
Resolution to join the Fencing Consortium before the Effective Date shall be considered
an Original Member under this Agreement. A Governmental Unit is eligible to be an
Original Member of the Fencing Consortium if it satisfies all of the following:
(a) Is a member of the Public Works Mutual Aid Pact;
(b) Is within the Seven County Metropolitan Area;
(c) Has submitted a Fencing Preplan prior to the Effective Date; and
(d) Has properly adopted and submitted a Membership Resolution prior to the
Effective Date.
The Governmental Unit shall submit its Membership Resolution to the Chief of Police in
the City of Crystal. The Membership Resolutions shall be transferred to the Board once
it is formed. Membership Resolutions adopted after the Effective Date shall be sent to
the Board.
3.2. Additional Members. After the Effective Date, a Governmental Unit may request to
become an Additional Member of the Fencing Consortium if it satisfies the following:
(a) Is a member of the Public Works Mutual Aid Pact;
(b) Is located within the Seven County Metropolitan Area or within the Extended
Membership Area as determined by the Board;
(c) Submits a Fencing Preplan;
(d) Submits the fully adopted Membership Resolution; and
(e) The Board votes to accept the Governmental Unit as an Additional Member.
Additional Members are required to pay a Surcharge to the Fencing Consortium in the
amount determined by the Board, and to comply with such additional requirements as
may reasonably be imposed by the Board.
3.3. Exception. The membership requirement to be a member of the Public Works Mutual
Aid Pact is to establish a mechanism through which local public works staff can be
utilized to assist in the mobilization and demobilization of the Fencing within the
Governmental Unit. However, there are entities that do not have their own public works
staff, desire to become a Member of the Fencing Consortium, and for which local support
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can be provided through another Governmental Unit. Therefore, a Governmental Unit
that does not have a public works department or public works employees is not required
to be a member of the Public Works Mutual Aid Pact to be eligible to become a Member
of the Fencing Consortium, provided the following are complied with to the extent
applicable:
(a) If the Governmental Unit is a joint undertaking among other Governmental
Units, the community in which any of the Governmental Unit’s buildings are
located and to which its Fencing Preplan applies must be a member of the Public
Works Mutual Aid Pact; or
(b) If the Government Unit relies on the county sheriff’s department as the primary
source of law enforcement services, that county must be a member of the Public
Works Mutual Aid Pact.
3.4. Requirement of Good Standing. Continued membership in the Fencing Consortium
shall be contingent upon: paying the annual Member Assessment and any additional
charges as determined by the Board as provided herein; making public works staff
available to participate as members of the Deployment Team; and on-going compliance
with the other requirements, terms, and conditions of this Agreement and the policies and
procedures adopted by the Board.
3.5. Withdrawing from Membership. A Member may withdraw from the Fencing
Consortium as provided in Article XI of this Agreement.
ARTICLE IV
FENCING CONSORTIUM JOINT BOARD
4.1. Established. There is hereby established the “Fencing Consortium Joint Board.” The
Board shall consist of five Directors elected by the Members in accordance with this
Article. Directors shall serve without compensation from the Fencing Consortium. The
Director positions shall be assigned as follows:
(a) Two Directors representing law enforcement;
(b) One Director representing fire;
(c) One Director representing public works; and
(d) One Director representing emergency managers.
4.2. Initial Directors. The Board shall initially be comprised of the following Directors
(“Initial Board”):
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(a) Ryan Murphy, Commander, Special Operations Unit, Saint Paul Police
Department and Ryan Seibert, Chief of Police, City of Chaska, representing law
enforcement;
(b) Ward Parker, Assistant Chief Operations, City of Eden Prairie, representing fire;
(c) Daniel Ruiz, Director of Operations & Maintenance, City of Brooklyn Park,
representing public works; and
(d) Doug Berglund, Director, Emergency Management, Washington County Sheriff’s
Office, representing emergency managers.
The Initial Board shall be responsible for Organizing the Board and the Fence
Consortium. The Initial Board shall conduct an election in 2022 for Members to elect
three Directors to the Board. An election will then be held in 2023 for Members to elect
the remaining two Directors to the Board. Those elected in 2022 shall assume their
positions effective on January 1, 2023 and those elected in 2023 shall assume their
positions on January 1, 2024. The Initial Board shall determine which positions are up
for election in 2022 and 2023, except the two law enforcement Director positions shall be
elected in separate years.
4.3. Director Eligibility. To be eligible to be elected to the Board a person must be currently
employed by a Member and actively serving in the profession the person is proposed to
represent on the Board. If a Director loses eligibility to continue serving on the Board,
the position shall be deemed vacant and the vacancy filled as provided herein.
4.4. Term. Each Director serves a two-year term commencing on January 1. The terms shall
be staggered to minimize the number of Directors up for election in the same year. The
Initial Board shall determine the terms and the staggering of the positions as part of
adopting the bylaws. A vacancy in the office of Director shall be filled by appointment
of the Board until the next election, at which time the position shall be up for election for
the remainder of the term.
4.5. Election of Directors. The annual election of Directors shall occur in accordance with
this Agreement and the bylaws established by the Board. This process is not subject to
federal, state, or local election laws or procedures. Instead, the intent is to provide a
reasonable means for Members to nominate candidates and to select those whom they
wish to serve on the Board. Each Member in good standing when the nomination process
begins has an opportunity to nominate people from its Governmental Unit for any or all
the open positions on the Board. All persons nominated to a position must be eligible to
represent that position on the Board. The Board shall collect the nominations and prepare
a ballot to be distributed among the Members for a vote. Each Member in good standing
shall have one vote on each open position. A Member must determine for itself who is
authorized to submit nominations and cast the vote on its behalf. The name of the
Member submitting the ballot must be on the ballot. The Board shall tabulate the votes
and provide the Members a list of the persons elected to the Board. The conducting of
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the nomination and election process shall occur early enough in a year to allow the newly
elected Directors to take their positions on the Board as of January 1.
4.6. Director Duties. Directors are responsible for carrying out the duties of the Board under
this Agreement in a diligent and timely manner. If a Director fails to attend three
consecutive Board meetings without reasonable cause, the Board may declare the office
vacant and fill the position by appointment. The position will then be up for election at
the next election for the remainder of the term.
4.7. Board Officers. Each year at its annual meeting the Board shall elect from among its
Directors a Chair and a Vice-Chair. The Board shall also appoint a Secretary/Treasurer,
which is not required to be selected from among the Directors. If the Secretary/Treasurer
is not a Director, the person shall not have a vote. The Chair shall act as the presiding
officer at Board meetings and the Vice-Chair shall act as the presiding officer in the
absence of the Chair. The Secretary/Treasurer shall take the minutes of Board meetings
and shall serve as the finance manager for the Fencing Consortium. The Board shall
adopt by-laws to establish its own procedures, provided such procedures are consistent
with the purposes of this Agreement.
4.8. Board Meetings. The Board shall hold regular meetings on the schedule as established
in its bylaws. The Board may also hold special meetings as needed upon the call of the
Chair or upon the written request of two Directors given to the Secretary/Treasurer.
Meetings of the Board are subject to the Minnesota Open Meeting Law (Minnesota
Statutes, chapter 13D). The Secretary/Treasurer shall inform all Directors of special
meetings, maintain a schedule of the Board’s regular meetings, and shall post notice of
any special meetings on the bulletin board designated by the Board for such notices or, if
a bulletin board is not designated, upon the outside door of the building in which the
Board meets. The Board may hold emergency meetings and such other meetings as
allowed by law. The Board shall hold an annual meeting in January or in such other
month as designated by the Board. The annual meeting may be held together with a
regular meeting.
4.9. Voting. A majority of the Directors (three) shall constitute a quorum of the Board to
meet and conduct the business of the Board. Each Director shall have an equal, non-
weighted, vote. Unless specifically indicated otherwise herein, a majority vote of the
Directors present at a meeting, if at least a quorum is present, shall be required for the
Board to take action on any issue that comes before it. A Director must be present at a
meeting to vote and shall not vote by proxy. A Director may be considered present and
vote from a remote location to the extent allowed under Minnesota Statutes, chapter 13D.
4.10. Powers of the Board.
(a) To take all actions necessary and convenient to discharge its duty to lease Fencing
and to make it available to Members pursuant to the terms of this Agreement.
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(b) Establish policies and procedures for requesting, deploying, using, demobilizing,
and returning the Fencing, and on such other operational matters as the Board
may determines is appropriate. This power includes, but is not limited to, further
refining the definition of Critical Incident as may be needed and otherwise
identifying situations in which deployment of the Fencing is automatic and when
it is discretionary with the Board.
(c) Authorize one or more of its Directors to receive request from a Requesting
Member and to issue a Call Out of the Fencing to a Critical Incident in
accordance with established policies and procedures.
(d) Obtain the Fencing initially by lease, or purchase with State appropriation, and
then determine over time whether to purchase part or all of the Fencing provided
under this Agreement. If the Fencing is purchased, to provide for its storage and
deployment.
(e) Select the notification system for the Call Out.
(f) To adopt bylaws and rules or policies consistent with this Agreement as required
to effectively exercise the powers, or accomplish the purposes, of the Fencing
Consortium;
(g) To interpret and apply the provisions of this Agreement in a manner that furthers
its purpose and intent including, but not limited to, determining the eligibility of a
Governmental Unit to become a Member;
(h) To adopt an annual operating and capital budget, including a statement of sources
of funding and allocation of costs to Members;
(i) To establish a system to communicate budget and other information of interest to
Members;
(j) To enter into contracts in its own name;
(k) Contract with an auditing firm to perform financial audits of the Fencing
Consortium as the Board determines is appropriate;
(l) To purchase any insurance and indemnity or surety bonds as necessary to carry
out the purposes of this Agreement;
(m) To seek, apply for, and accept appropriations (including legislative
appropriations), grants, gifts, loans of money or other assistance as permitted by
law from any person or entity, whether public or private;
(n) To sue;
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(o) To annually charge and collect from Members a Member Assessment as needed
to pay the on-going costs of the Fencing Consortium;
(p) To determine and require the payment of a Surcharge by Additional Members
joining the Fencing Consortium; and
(q) To exercise all other powers necessary and incidental to carry out the purposes of
this Agreement provided such powers are consistent with the purposes of the
Agreement and are exercised in accordance with the applicable statutory powers
of the Members.
4.11. Powers Not Delegated. The Members expressly reserve for themselves the following
powers, which shall not be deemed delegated to, and may not be exercised by, the Board:
(a) Hire employees;
(b) Purchase real property;
(c) Issue bonds; or
(d) Undertake or otherwise perform any functions exceeding the general scope and
purpose of this Agreement.
4.12. Specific Duties of the Board. The Board shall exercise the powers provided it under this
Agreement to perform, in addition to the other duties provided for in this Agreement, the
following specific duties:
(a) Lease Fence. The Board shall enter into a Lease with the Vendor to obtain the
Fencing and trailer(s) for transporting the Fencing. The Board shall ensure it
secures and maintains a sufficient length of Fencing to cover the Member with the
longest Fencing lengths as shown on the Fencing Preplans, rounded up to the
nearest 500 feet. Initially, the Board shall base the amount of Fencing on the
Fencing Preplans submitted by the Original Members. As Additional Members
join the Fencing Consortium, the Board shall consider the Fencing needs and may
secure additional Fencing as it determines is needed.
(b) Fence Storage and Transport. The Lease shall require the Vendor to store the
Fencing at a location agreeable to the Board, deliver the Fencing to the identified
Staging Area upon the Board’s request within the response timeframe identified
in the Lease, and to address other transportation needs as specified in the Lease.
(c) Select Notification System. The Board shall select a Notification Systems that
will be used by Directors to Call Out the Deployment Team to a Requesting
Member’s Governmental Unit.
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(d) Reports. The Board shall prepare and distribute such reports to the Members as
the Board determines are necessary to keep them informed of the Fencing
Consortium’s activities. The Board shall determine the best method for
distributing such reports.
4.13. Office. The initial office of the Fencing Consortium shall be selected by the Board. The
Board may change the location of the office as it determines is appropriate. The Board
will hold its meetings at the designated office, but may also meet at such other locations
as it determines appropriate to carry out its duties.
4.14. Disbursements. Except as otherwise provided, all unbudgeted disbursements and
expenditures of the Fencing Consortium shall be approved by the Board. All checks
issued by the Fencing Consortium from its funds shall be co-signed by two Directors
designated by the Board.
4.15. Fiscal Agent. The Board may appoint, and enter into agreements with, a fiscal agent for
the Fencing Consortium and may change the fiscal agent from time to time as it deems
necessary. The fiscal agent may be a Member Governmental Unit. The Board may
delegate authority to the fiscal agent to act on its behalf as the Board deems appropriate
and in accordance with applicable laws.
ARTICLE V
DEPLOYMENT OF THE FENCING
5.1. Automatic Deployment. The Fencing shall be made available for automatic deployment
upon the occurrence of a Critical Incident in a Member’s Governmental Unit. The
Requesting Member shall notify a Director of a Critical Incident and a Director shall
utilize the designated Notification System to Call Out the Deployment Team for
deployment of the Fencing. The Deployment Team shall then respond to the Requesting
Member to unload and assemble the Fencing at the Deployment Site. The process to
request deployment and demobilization of the Fencing shall occur in accordance with this
Agreement and the policies and procedures adopted by the Board. The Deployment
Team Manager shall be responsible for coordinating the deployment and demobilization
of the Fencing.
5.2. Requesting Member Obligations. A Requesting Member requesting deployment of the
Fencing for a Critical Incident occurring in the Member’s jurisdiction shall be responsible
for the following:
(a) Providing security for the Deployment Team while it is conducting its work at the
Deployment Site;
(b) Provide any equipment that may be needed to deploy or demobilize the Fencing that
is not provided by the Vendor;
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(c) Pay the Vendor charges for the actual use of the Fencing. Such payments are to be
made directly to the Vendor unless directed otherwise by the Board;
(d) Providing food, water, first aid, and similar support to the Deployment Team as
may reasonably be needed;
(e) Contacting the Board or the Board’s designee if there are any issues with the
Fencing once it is in place; and
(f) Complying with Board policies and procedures applicable to a Requesting Member,
including avoiding any activities that may unreasonably damage the Fencing or
expose the Deployment Team to an unreasonable risk.
5.3. Discretionary Deployment. A Member may make a request to the Board for the
deployment of the Fencing in the Member’s Governmental Unit for an event or
occurrence other than a Critical Incident. The deployment of the Fencing for something
other than a Critical Incident is left to the sole discretion of the Board. The Board shall
consider all such requests at a meeting and determine whether to approve the Member’s
request. The Board shall adopt criteria or standards for determining when to allow the
discretionary deployment of the Fencing and the requesting Member’s obligations if the
request is approved. The Board may delegate the authority to one or more Directors to
determine whether to allow the discretionary deployment of the Fencing based on the
criteria established by the Board.
5.4. Non-Member Deployment. The Board shall adopt standards and requirements for
determining whether to allow the deployment of the Fencing in response to a Critical
Incident that occurred in a non-member Governmental Unit. Nothing in this Agreement
obligates the Fencing Consortium to deploy the Fencing to a non-member Governmental
Unit.
5.5. No Guarantee. The Members understand and agree the deployment of the Fencing by
the Deployment Team is a cooperative undertaking and that the Fencing Consortium
cannot guarantee a certain response time or make any representations or warranties
regarding response times, the Fencing, its assembly, or effectiveness. The Deployment
Team will endeavor to respond as quickly as possible to a Critical Incident and to place
the Fencing as shown in the Requesting Member’s Fencing Preplan as provided in this
Agreement and in accordance with Board policies and procedures.
5.6. Demobilization. The Member who receives the Fencing in response to a Critical
Incident shall work with the Fencing Consortium to determine when to initiate the
demobilization of the Fencing from the Deployment Site. For a discretionary deployment
of the fence, the demobilization date shall be determined prior to the deployment. The
Deployment Team shall be responsible for disassembling the Fencing as part of the
demobilization. The Board shall establish such procedures and policies as may be needed
to address the demobilization of the Fencing. The Board has the authority to recall the
Fencing from a Member if it determines there is a more critical need for the Fencing in
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another Governmental Unit that cannot be fulfilled by the remaining Fencing held by the
Fencing Consortium.
ARTICLE VI
MEMBERSHIP COSTS AND ASSESSMENTS
6.1. Original Member Costs. Each Original Member shall be responsible for paying a share
of the Fencing costs based on the length of fence indicated in its Fencing Preplan as a
percentage of the total amount of initial Fencing to be leased by the Board. The Board
shall determine the amount each Original Member is required to pay and provide each an
invoice together with a sheet showing the division of costs. Invoice shall be paid within
45 days of receipt.
6.2. Additional Member Costs. Each Additional Member shall be required to pay their
share of the Fencing costs calculated as if they were an Original Member. Each
Additional Member shall also be required to pay a Surcharge in the amount determined
by the Board. The Surcharge is to pay the Additional Member’s portion of the Member
Assessment, any buy-in costs to cover a share of the Fencing and related costs, and to
partially reimburse the costs paid by the existing Members. The Board shall apply the
buy-in amounts collected to reduce the future charges to the existing Members.
6.3. Member Assessments. In addition to the initial Fencing costs each Member is required
to pay, Members shall also be assessed for the on-going costs to operate and maintain the
Fencing Consortium. These operational costs will be divided based on the Fencing costs
formula and paid by each Member as a Member Assessment. The formula shall take into
account the total length of Fencing held by the Fencing Consortium and then divided by
the length of each Member’s Fencing needs as indicated in the Fencing Preplan. The
Board shall, as part of the annual budget, determine the total amount of the Member
Assessments and the specific amount to be assessed each Member to pay the anticipated
Fencing Consortium costs in the upcoming year.
6.4. Payment of Member Assessments. The Fencing Consortium shall invoice Members for
their Member Assessment amount for the upcoming year. Invoices are to be sent no later
than January 15th in the year for which the assessment is being imposed. Members shall
pay their invoices in full within 45 days from the date of the invoice.
6.5. Default. Any Member who breaches or otherwise fails to comply with the terms and
conditions of this Agreement including, but not limited to, failure to pay its Member
Assessment in full by the due date, shall be considered in default of this Agreement. Any
dispute regarding whether a Member is in default shall be determined by a vote of the
Board. A Member shall not be considered in default until it has been notified in writing
by the Board of the condition placing it in default. The notice of default shall indicate the
Member is not in good standing and may be expelled if the default is not cured within 90
days. If a Member fails to fully cure a default within 90 days of the notice of default, the
Board may issue a written notice of expulsion from the Fencing Consortium. Upon such
notice, the Governmental Unit is no longer a Member of the Fencing Consortium as if the
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Governmental Unit voluntarily elected to terminate its membership in the Fencing
Consortium as provided herein.
ARTICLE VII
MEMBER STAFFING REQUIREMENTS
7.1. Public Works Staff. Each Member is expected to assign member(s) of its public works
staff to serve on the Deployment Team to train with the Fencing and to participate in the
unloading, assembly, and demobilization of the Fencing at a Deployment Site. The
providing of public works staff is through the Public Works Mutual Aid Pact and is at
each Member’s own cost.
7.2. Training. The Deployment Team shall train with the Fencing at least three times a year
to familiarize the Deployment Team with the Fencing and to help ensure its rapid
assembly at a Deployment Site in response to a Call Out. The Board shall work with the
Deployment Team to determine a reasonable training schedule that does not negatively
impact their regular duties.
7.3. Employees. The members of the Deployment Team are not employees of the Fencing
Consortium. The assigned members shall remain employees of their Governmental Unit
for all purposes including, but not limited to, workers’ compensation coverage.
7.4. Equipment. Any damage to or loss of Member equipment utilized by the Deployment
Team shall be addressed as provided in the Public Works Mutual Aid Pact.
7.5. Liability. Liability for the acts of the Deployment Team when responding to a Call Out
shall be addressed in accordance with the terms of the Public Works Mutual Aid Pact.
For the purposes of the Public Works Mutual Aid Pact, the Requesting Member shall be
the “Requesting Party” and each of the Members assigning personnel to the Deployment
Team shall be a “Sending Party.”
ARTICLE VIII
BUDGETING AND FINANCIAL REPORTING
8.1. Fiscal Year. The fiscal year of the Fencing Consortium is the calendar year.
8.2. Annual Budget. The Board shall prepare and adopt an annual budget as provided in this
section.
(a) Proposed Budget. The Board shall prepare and approve a proposed budget for the
upcoming fiscal year. The proposed budget shall account for all anticipated costs in
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the upcoming year and indicate the amounts proposed to be assessed to the
Members.
(b) Notice to Members. The Board shall adopt a proposed budget and distribute it to
the Members by no later than June 1st each year. Members may submit written
comments to the Board regarding the proposed budget by no later than July 1 st.
(c) Final Budget. The Board shall consider the comments received from Members and
shall act to adopt a final budget by no later than August 31st. The Board shall
distribute a copy of the adopted annual budget to the Members. To reduce
administrative costs given the potential number of Members, the Board may send
notices and otherwise communicate with Members using email messages in lieu of
mailing.
ARTICLE IX
INSURANCE AND INDEMNIFICATION
9.1 Insurance. The Fencing Consortium shall purchase and maintain such insurance policies
as the Board determines is necessary and appropriate to cover the Fencing Consortium,
the Board, its operations, and, if required, the Fencing. By purchasing insurance the
Members, the Fencing Consortium, and the Board do not waive, and shall not be
construed as having waived, any exemptions, immunities, or limitations on liability
provided by any applicable Minnesota Law, including Minnesota Statutes, Chapter 466
and section 471.59, subdivision 1a. Any uninsured liabilities incurred by the Fencing
Consortium shall be paid by the Members in the same percentage as their Member
Assessments as set out in this Agreement.
9.2 Director Indemnification . The Fencing Consortium shall defend and indemnify its
Directors from any claim or damages levied against a Director arising out of the
Director’s lawful acts or omissions made or occurring in the good faith performance of
their duties on the Board. The Fencing Consortium is not required to indemnify a
Director for any act or omission for which the Director is guilty of malfeasance, willful
neglect of duty, or bad faith.
9.3 Member Indemnification. The Fencing Consortium shall hold the Members harmless,
individually and collectively, and will defend and indemnify the Members for any claims,
suits, demands or causes of action for any damages or injuries based on allegations of
negligence or omissions by the Fencing Consortium. The Fencing Consortium’s duty to
indemnify does not constitute, and shall not be construed as, a waiver by either the
Fencing Consortium or any or all Members of any exemptions, immunities, or limitations
on liability provided by law or of being treated as a single governmental unit as provided
in Minnesota Statutes, section 471.59, subdivision 1a.
9.4 Liability. To the fullest extent permitted by law, this Agreement and the activities
carried out hereunder thereof are intended to be and shall be construed as a “cooperative
activity” and it is the intent of the Members that they, together with the Board, shall be
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deemed a “single governmental unit” for the purposes of liability, all as set forth in
Minnesota Statutes, section 471.59, subdivision 1a. For purposes of the statute, each
Member to this Agreement expressly declines responsibility for the acts or omissions of
the other Members.
SECTION X
DISPUTE RESOLUTION
10.1 Dispute Resolution Process. The Members agree to engage in good faith to attempt to
resolve any disputes that may arise over the establishment, operation, or maintenance of
the Fencing Consortium. If a dispute is not resolved informally, the Members agree to
use the following process to attempt to resolve any dispute they may have related to the
Fencing Consortium.
(a) Written Notice of Dispute. Any Member with a dispute regarding the Fencing
Consortium or the Board may submit a written explanation of its dispute to the
Fencing Consortium and to each Member. The Board shall make the email list of
Members available for the purpose of providing this notice. The explanation of
the dispute must be detailed, not repetitive of a dispute already addressed by the
Board regarding the same Member, relate directly to a matter within the scope of
the Fencing Consortium or of the Board’s powers, and must suggest a solution.
(b) Review and Response by Board. Upon the Fencing Consortium’s receipt of a
written dispute it shall be placed on the agenda of the Board’s next scheduled
regular meeting for consideration. The Board shall respond in writing to all
properly submitted disputes within three months and shall provide each Member a
copy of its response.
(c) Mediation. If the Member with the dispute is not satisfied with the Board’s
response, it may file a written request with the Board for mediation. If the
Member and the Board are not able to mutually agree on a mediator, the Member
and the Board shall each select a mediator and the two mediators shall select a
third. Each party to the mediation shall be responsible for the cost of the mediator
it selected and shall share equally in the costs of the mediation and of the third
mediator.
(d) Binding Arbitration. If the dispute is not resolved in mediation, the aggrieved
Member and the Board may agree to submit to a binding arbitration process. The
arbitration shall be conducted in accordance with Minnesota Statutes, chapter
572B following the Commercial Arbitration Rules of the American Arbitration
Association, unless the Board and the Member agree to follow different rules.
The Members and the Board agree the decision of the arbitrator shall be binding
on the Fencing Consortium and its Members.
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SECTION XI
WITHDRAWAL OF A MEMBER
11.1 Process. A Member may withdraw from the Fencing Consortium by providing written
notice to the Board of its intent to withdraw. To avoid a withdrawal from interrupting the
on-going payments for the costs of the Fencing, the effective date of the withdrawal will
depend on its timing with respect to the Board’s work to set the budget for the upcoming
year. If the Board receives the withdrawal notice prior to May 1st in a year, the effective
date of the withdrawal will be December 31st of the same year. If the Board receives the
notice after May 1st, the withdrawal will be effective December 31st of the following year.
11.2 Effect of Withdrawal. The withdrawing Member shall be responsible for paying its full
Member Assessment for the full year in which the withdrawal is effective. Recognizing
the Fencing Consortium is an ongoing concern, the Members agree the withdrawing
Member shall not receive any reimbursement of the amounts it has paid and is not
entitled to any share in the assets of the Fencing Consortium. Upon the effective date of
the withdrawal, the former Member shall no longer be considered a Member under this
Agreement.
SECTION XII
DISSOLUTION OF FENCING CONSORTIUM
12.1 Dissolution Process. The Fencing Consortium may only be dissolved by a joint
resolution approved by four-fifths of the then current Members or by a unanimous vote of
the entire Board on a dissolution resolution. Dissolution shall not be effective for at least
six months from the adoption the resolution unless an earlier dissolution date is approved
as part of the resolution. Prior to the effective date of the dissolution, the Board shall use
the Fencing Consortium’s assets to pay its outstanding obligations. If the assets on hand
are not sufficient to pay all outstanding obligations, the Board shall impose a Member
Assessment to collect sufficient funds to pay the outstanding amounts. The Board shall
divide the amount needing to be collected by a Member Assessment using the same
formula for other Member Assessments. The Fencing Consortium shall not be finally
dissolved until its outstanding obligations are paid in full.
12.2 Distribution of Assets and Property. Upon dissolution, the Board shall distribute any
remaining assets to the Members in proportion to the Member Assessment of each
Member in effect as of the date of dissolution. The Board shall have the power to
determine the best method for distributing the assets and to decide any disputes that may
arise among the Members concerning such distribution.
SECTION XIII
MISCELLANEOUS PROVISIONS
13.1 Official Copy. This Agreement is being entered into through the adoption by each
Member and the Membership Resolution. The Board shall maintain the official copy of
this Agreement and maintain a list of the Original Members and the Additional Members.
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The official copy shall constitute the Agreement, which shall be binding on all of the
Members.
13.2 Data Practices. The Fencing Consortium shall comply with the requirements of
Minnesota Statutes, chapter 13, the Minnesota Government Data Practices Act (“Act”).
The Vendor shall be required to comply with the Act as provided in Minnesota Statutes,
section 13.05. The Vendor shall be required to notify the Board if it receives a data
request and to work with the Fencing Consortium to respond to it.
13.3 Notices. Any notice required or permitted to be given to the Fencing Consortium under
this Agreement shall be given in writing, and shall be sent by first class mail to its current
address. Notice to each Member shall be given in writing by first class mail or email to
the Member’s chief of police or other designated contact person.
13.4 Waiver. The delay or failure of any party of this Agreement at any time to require
performance or compliance by any other party of any of its obligations under this
Agreement shall in no way be deemed a waiver of those rights to require such
performance or compliance.
13.5 Governing Law. The respective rights, obligations and remedies of the parties under
this Agreement and the interpretation thereof shall be governed by the laws of the State
of Minnesota which pertain to agreements made and to be performed in the State of
Minnesota.
13.6 Headings and Captions. The headings and captions of these paragraphs and sections of
this Agreement are included for convenience or reference only and shall not constitute a
part hereof.
13.7 No Third-Party Rights. This Agreement is entered into for the sole benefit of the
Members and no other parties are intended to be direct or incidental beneficiaries of this
Agreement, and no third party shall have any right in, under, or to this Agreement.
13.8 Good Faith. Each Member shall act in good faith. In exercising its rights and fulfilling
its obligations under this Agreement, each party acknowledges that this Agreement
contemplates cooperation between and among the parties.
13.9 Entire Agreement. This Agreement, including the recitals and all of the Membership
Resolutions, contains the entire understanding between the Members concerning the
subject matter hereof.
13.10 Amendments. Amendments to this Agreement may be proposed by the Board or by at
least 10% of the Members submitting a proposed amendment to the Board. The Board
shall forward proposed amendments to the Members in the form of an amendment
resolution. The Board will only forward amendments proposed by Members if it
determines the proposed amendments are lawful and not contrary to the primary purposes
of this Agreement. Members adopting the amendment resolution shall return a copy of
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the executed resolution to the Board. A proposed amendment shall be considered
approved if the amendment resolution is adopted by at least 90% of the then current
Members.
13.11 Examination of Books. Pursuant to Minnesota Statutes, section 16C.05, Subd. 5, the
books, records, documents and accounting procedures and practices of the Fencing
Consortium and the Vendor are subject to examination by the State. Members may
examine the financial records of the Fencing Consortium upon reasonable request.
13.12 Recitals and Exhibits Incorporated. The recitals contained herein, and the
Membership Resolutions, are incorporated in and made part of this Agreement.
IN WITNESS WHEREOF, the Members have, by adoption and execution of the
Membership Resolution, entered into this Agreement as of the Effective Date or, if an Additional
Member, as of the date of acceptance by the Board of the Membership Resolution.
[A list of all Members is maintained by the Fencing Consortium.]
4.5
RESOLUTION NO. 2022- _____
ADOPTING THE FENCING
CONSORTIUM JOINT POWERS AGREEMENT
WHEREAS, the governmental units in the state have experienced an increase in
incidences of civil unrest with violent and destructive actors who pose a threat to the public,
public personnel, buildings, and critical infrastructure; and
WHEREAS, the First Amendment of the United States Constitution protects the freedom
of speech, the press, and the right of the people peaceably to assemble, and to petition the
government for a redress of grievances; and
WHEREAS, recent experience has shown that the use of anti-scale fencing has greatly
de-escalated tension between law enforcement and protesters; and
WHEREAS, by de-escalating the tension, the anti-scale fencing helps to reduce the
trauma on the community, improve the safety for all, minimize the impact on neighboring
properties, and reduce the community resources that have to be committed to such events; and
WHEREAS, governmental units have recognized the need to have ready access to anti-
scalable fencing as a tool for de-escalation and community safety while protecting against
violent and destructive actors; and
WHEREAS, the best means for a governmental unit to access such fencing in a timely
and cost-effective manner is to work cooperatively with other governmental units; and
WHEREAS, the Fencing Consortium Joint Powers Agreement (“Fencing JPA”), which is
incorporated herein by reference, establishes a joint board to obtain and make available to
members anti-scalable fencing in response to critical incidences, sets out the powers of the joint
board, requires members to pay their share of the fencing costs and operational costs of the
Fencing Consortium, requires members to provide staffing to assemble and disassemble the
fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the operation of
the Fencing Consortium as a joint powers entity; and
WHEREAS, the governmental unit is a member of the Public Works Mutual Aid Pact
and is otherwise eligible to adopt the Fencing JPA; and
WHEREAS, it is in the best interests of the community to become a member and
participate in the Fencing Consortium.
NOW, THEREFORE, BE IS RESOLVED, by the governing body as follows:
1. The Fencing JPA is hereby approved and adopted.
2. The City Manager is authorized and directed to make nominations and to cast votes on
persons to be elected to the Fencing Consortium Board of Directors.
3. Staff are authorized and directed to do each of the following:
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a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA to
indicate membership in the Fencing Consortium;
b. Designate a primary and secondary point of contact for the Fencing Consortium for
administrative purposes.
c. Coordinate with the other Fencing Consortium members and the Board on the
selection of staff from the public works department to serve on the fencing
deployment team; and
d. To take such other actions as may be needed to carry out the intent of this Resolution
and as may be required under the terms of the Fencing JPA.
Adopted by the Crystal City Council this 20th day of September 2022.
Jim Adams, Mayor
ATTEST:
Chee Yang, Deputy City Clerk
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4.7
DATE:September 12, 2022
TO:Anne Norris, City Manager
City of Crystal City Council
FROM:Jean McGann, Contracted Finance Director
RE:Expenditures over $25,000
Payee Amount
City of Brooklyn Park Hennepin Recycling Group annual administrative fee $88,280.00
LOGIS Monthly application support and hosting, fiber project $43,475.31
West Metro Fire Rescue District September contribution to West Metro Fire $113,656.47
MN PERA Employee & city required contributions for 9/2/22 pay date $61,325.61
HealthPartners, Inc.September health insurance premiums $127,357.00
$434,094.39
Description
6.1
Memorandum
DATE: September 20, 2022
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Pat Sele, Utilities Superintendent
SUBJECT: Purchase of replacement utilities pickup
Background
The Long Term Plan for the Fleet Maintenance Fund includes the replacement purchase of a utilities
pickup. The proposed utilities pickup will be replacing the existing utilities pickup (#428) in the public
works fleet that was purchased in 2009. The Fleet Maintenance Fund has $54,000 allocated for this
purchase.
This vehicle was originally slated to be replaced in 2024. However, due to the current condition of the
pickup, the condition of the truck it will be taking the place of, and how difficult it has been to find a
pickup truck, the replacement was moved up to 2022 in this year’s update to the Long Term Plan. The
dollar value did not change. The Vehicle Condition Index (VCI) for the existing 428 is 26. 23 is the
minimum to consider for replacement.
The existing utility vehicle has a dump bed (i.e. hydraulic lift that can tip up the bed of the truck to
dump whatever material it is hauling) and is 13 years old, the engine is having some issues, and the
overall vehicle is showing the wear and tear. Truck #428 will be taking the place of truck #44 which is
used during the summer only primarily by recreational staff. Truck #44 will be sold at auction.
Quotes
Due to no pickup trucks being available on the State contract, or any other cooperative purchasing
agreement, staff solicited two quotes from different vendors.
• Gilleland Chevrolet $49,205 (plus tax, title, and license)
• Miller Auto Plaza $59,345 (plus tax, title, and license)
Attachment
•Quote from Ranger Chevrolet/GMC for the chassis
Recommended Action
•Motion to approve the resolution authorizing the purchase of the replacement utilities
pickup truck
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6.2
RESOLUTION NO. 2022- _____
APPROVING THE PURCHASE OF A
REPLACEMENT UTILITY PICKUP TRUCK
WHEREAS, the Crystal City Council is committed to providing and maintaining quality
infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities
in the City; and
WHEREAS, a utilities pickup truck is used regularly for various utility maintenance activities;
and
WHEREAS, the existing utilities pickup truck scored as qualifying for replacement on the vehicle
condition index; and
WHEREAS, funds are allocated in the Fleet Maintenance Fund for this replacement purchase;
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the
purchase of a park maintenance truck chassis from Gilleland Chevrolet for $49,205.
BE IT FURTHER RESOLVED that the Crystal City Council hereby authorizes the sale of pickup
truck #44 at auction.
Adopted by the Crystal City Council this 20th day of September 2022.
Jim Adams, Mayor
ATTEST:
Chee Yang, City Clerk
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