The URL can be used to link to this page

2022.10.03 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Sept. 30, 2022 City Council Meeting Schedule Monday, Oct. 3, 2022 Time Meeting Location 6:45 p.m. Economic Development Authority (EDA) meeting Council Chambers/ Zoom Immediately following the EDA meeting City Council work session to discuss: 1. Interim city manager appointment. 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: Economic Development Authority meeting, Crystal City Council work session, City Council meeting and continuation of City Council work session, if necessary. Time: Oct. 3, 2022 6:45 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/87698994118?pwd=ZmhxYTJuWXFteEZ3VUh3QTkzbnMxUT09 Meeting ID: 876 9899 4118 Passcode: 414141 One tap mobile +13126266799,,87698994118#,,,,*414141# US (Chicago) +16469313860,,87698994118#,,,,*414141# US Dial by your location +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 309 205 3325 US +1 719 359 4580 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 386 347 5053 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) Meeting ID: 876 9899 4118 Passcode: 414141 Find your local number: https://us02web.zoom.us/u/kbmRIiHlo2 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. AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL •REGULAR MEETING • MONDAY, OCTOBER 3, 2022 6:45 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1.Call to order * 2.Roll call * 3.Approval of minutes from September 6, 2022 regular meeting 4. Consider resolutions discharging discriminatory restrictive covenants on EDA-owned land: a. 6428 56th Ave. N. b.3401 and 3443 Douglas Dr. N. 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 September 6, 2022 1. Call to Order President Banks called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 6:02 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, Brendan Banks, David Cummings, Therese Kiser, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Adams (LaRoche) to approve the minutes from the June 21, 2022 regular meeting. Motion carried. 4. Consider a resolution adopting a proposed 2023 EDA budget and HRA tax levy. Staff presented information about the proposed budget and tax levy. Moved by Commissioner LaRoche (Adams) to approve the resolution adopting a proposed 2023 EDA budget and HRA tax levy. Motion carried. 5. Property Status Update Staff updated the board on several current and potential projects:  5526 West Broadway (former Pizza Ranch space) - will be divided into two separate spaces, a restaurant and bar taking the kitchen and dining spaces, and a tobacco shop with sampling area taking the party room and arcade spaces.  3501 Douglas Dr (Crystal Suite Living) - completed and opened.  227 Willow Bend (former Police Dept. Community Outreach Office) - Aqua Coin Laundry is getting close to opening.  5208 Hanson Ct (former site of Crystal Auto Parts) - a contractor has purchased the site to build an office/warehouse for their business. Page 2 of 3 5358 West Broadway (former Burger King) - Hyder Investments, which owns the Crystal McDonald’s and ten others around the metro, is finalizing their construction plans to renovate the building for their corporate office. 3600 Douglas Dr (former Pizza Hut) - Wine Thief & Ale Jail is securing financing and contractors to renovate the building with a goal of opening in early 2023. 7.Other Business There was no other business. 8. Adjournment Moved by Commissioner Adams (Parsons) to adjourn the meeting. Motion carried. The meeting adjourned at 6:14 p.m. Page 3 of 3 These minutes of the June 21, 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 ___________________________________________________________________________________ FROM: John Sutter, Community Development Director TO: Anne Norris, City Manager (for October 3 meeting) DATE: September 29, 2022 SUBJECT: Consider a resolution discharging discriminatory restrictive covenants on EDA-owned land ___________________________________________________________________________________ During the first half of the 20th century, some developers and property owners imposed discriminatory restrictive covenants when selling real estate. While discriminatory restrictive covenants have not been enforceable since a 1948 U.S. Supreme Court decision, and such discrimination was outlawed in Minnesota in 1962 and nationwide in 1968, these covenants helped create persistent segregation and disparities. The Just Deeds project was initiated by Golden Valley to bring attention to the effects of these covenants and offer a way for property owners to renounce them. Along with other cities, Crystal has been participating in Just Deeds since March 1, 2021. In addition to helping Crystal property owners identify and discharge discriminatory restrictive covenants on their property, the city has identified three EDA-owned properties with covenants: •6428 56th Ave. N. (parking lot) * - covenants imposed in 1947 •3401 Douglas Dr. N. (vacant lot) - covenants imposed in 1927 •3443 Douglas Dr. N (vacant lot) - covenants imposed in 1928 *6428 56th was acquired in 1986 by the city’s Housing and Redevelopment Authority which was later supplanted by the city’s Economic Development Authority. 3401 and 3443 Douglas were acquired by the EDA in 2009. While the EDA is the HRA’s successor in ownership of 6428 56th, a separate and slightly different resolution is needed for that property. The City Attorney has prepared a document for each property that would discharge its discriminatory restrictive covenant. EDA STAFF REPORT Discharging Discriminatory Restrictive Covenants on EDA Land Page 2 of 2 Attachments: A.Proposed resolution authorizing execution of the discharge document for the HRA/EDA property at 6428 56th Ave. N. B.Proposed resolution authorizing execution of the discharge documents for the EDA properties at 3401 and 3443 Douglas Dr. N. C.Mapping Prejudice maps of Hennepin County and Crystal area covenants D.March 14, 2022 memo - Crystal Just Deeds 2021 activity summary E.Map - Location of EDA-owned properties with discriminatory restrictive covenants F.Discharge document for 6428 56th Ave. N. G.Discharge document for 3401 Douglas Dr. N. H.Discharge document for 3443 Douglas Dr. N. City Council adoption of the attached resolutions is requested, with separate motions on each resolution (a) and (b). ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022 - 03 RESOLUTION DISCHARGING A DISCRIMINATORY RESTRICTIVE COVENANT WHEREAS, the Economic Development Authority of the City of Crystal (“EDA”) is the successor in ownership to the Housing and Redevelopment Authority for the City of Crystal (“HRA”) of real property located at 6428 56th Avenue North (“Property”); and WHEREAS, a key City of Crystal priority is to build an inclusive community so that all feel welcome; and WHEREAS, the EDA has determined that, in 1947, a discriminatory restrictive covenant was imposed on the Property prior to it becoming owned by the HRA or EDA, and the covenant remains on the property title to this day even though it has no current effect; and WHEREAS, a 2019 state law established a process for property owners to formally discharge discriminatory restrictive covenants; and WHEREAS, the EDA finds that discharging discriminatory restrictive covenants from property owned by the EDA is one step in building an inclusive community so that all feel welcome. NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the City of Crystal that the President and Executive Director are authorized to execute and record the Discharge of Restrictive Covenant for the EDA-owned property at 6428 56th Avenue North. Adopted this 3rd day of October, 2022. ____________________________________ Brendan Banks, President ____________________________________ Anne Norris, Executive Director ATTACHMENT A ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022 - 04 RESOLUTION DISCHARGING DISCRIMINATORY RESTRICTIVE COVENANTS WHEREAS, the Economic Development Authority of the City of Crystal (“EDA”) is the owner of real properties located at 3401 and 3443 Douglas Drive North (“Properties”); and WHEREAS, a key City of Crystal priority is to build an inclusive community so that all feel welcome; and WHEREAS, the EDA has determined that, in 1927 and 1928, respectively, discriminatory restrictive covenants were imposed on the Properties prior to them becoming owned by the EDA, and the covenants remain on the property titles to this day even though they have no current effect; and WHEREAS, a 2019 state law established a process for property owners to formally discharge discriminatory restrictive covenants; and WHEREAS, the EDA finds that discharging discriminatory restrictive covenants from property owned by the EDA is one step in building an inclusive community so that all feel welcome. NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the City of Crystal that the President and Executive Director are authorized to execute and record the Discharge of Restrictive Covenant for the EDA-owned properties at 3401 Douglas Drive North and 3443 Douglas Drive North. Adopted this 3rd day of October, 2022. ____________________________________ Brendan Banks, President ____________________________________ Anne Norris, Executive Director ATTACHMENT B ATTACHMENT C Memorandum Date: March 14, 2022 To: Anne Norris, City Manager From: John Sutter, Community Development Director Subject: Just Deeds - 2021 Summary During the first half of the 20th century some property owners imposed discriminatory restrictive covenants when selling real estate. The Just Deeds project was initiated by Golden Valley to bring attention to the effects of these covenants and offer a way for property owners to renounce them. Crystal has been participating in Just Deeds since March 1, 2021. For more information please view the city’s Just Deeds web page at https://www.crystalmn.gov/resident/community_development/just_deeds_coalition. In addition to Golden Valley and Crystal, the following cities are participating in the project: Bloomington, Edina, Hopkins, Minneapolis, Minnetonka, New Hope, Richfield, Robbinsdale, Rochester, St. Anthony, St. Louis Park and Wayzata. From March 1 - December 31, 2021 Crystal received 36 requests. I have attached a map showing the locations of these requests. Here are the outcomes/status of those requests: •5 covenants were renounced by the property owner (Abstract properties) or removed by the Examiner of Titles (Torrens properties) with assistance from our two pro bono attorneys, Corinne Heine and Kristi Anderson. •6 properties had covenants in the past but our pro bono attorneys verified that they had previously been removed by the Examiner of Titles (Torrens properties). •17 properties were confirmed by Guaranty Title to have never had a covenant. •8 requests are awaiting covenant determination by Dorsey & Whitney, who took over that work for Guaranty Title. Both firms have been doing this work as no cost. Please let me know if you have questions or would like additional information. Thank you. ATTACHMENT D 2021 Just Deeds Requests Received City of Crystal HRA/EDA-Owned Properties with Discriminatory Restrictive Covenants ATTACHMENT E DOCSOPEN\CR205\30\705900.v6-8/10/22 (Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019) Minn. Stat. 507.18 _____________________________________________________________________________________________ Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from the land described herein. State of Minnesota, County of Hennepin The Housing and Redevelopment Authority in and for the City of Crystal, a public body corporate and politic under Minnesota Law, having an ownership or other interest in all or part of the real property described herein, solemnly swear that the contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to those matters it believes them to be true. Name and Address of Owner: The Housing and Redevelopment Authority in and for the City of Crystal 4141 Douglas Drive North Crystal, MN 55422 The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows: Lot 18, Block 5, “KENSEY MANOR,” according to the plat thereof on file or of record in the Office of the Registrar of Titles for Hennepin County, Minnesota, subject to easements of record. Torrens Certificate No. 1199646 Owner, the Housing and Redevelopment Authority in and for the City of Crystal, swears and affirms that the information provided in this form is true and correct based on the information available and based on reasonable information and belief. ATTACHMENT F DOCSOPEN\CR205\30\705900.v6-8/10/22 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1 (1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to the property described in this form; (2)the restrictive covenant is contained in an instrument dated November 19, 1947, and recorded as Document No. 253820 (or in Book ________ of _________, Page ________) on November 20, 1947, in the Office of the County Registrar of Hennepin County, Minnesota, which is attached herein as Exhibit A; (3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution; (4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described herein through the use of this statutory form to permanently discharge such covenants from the land described herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting protected classes; (5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be construed as if no such restrictive covenant was contained therein; and (6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions under Minnesota Statutes, section 500.20. The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the discharge of the illegal and unenforceable restrictive covenants affecting protected classes. _________________________________________________ Affiant (Owner’s signature) __________________________________________________ Affiant (Owner’s signature) Signed and sworn to before me on _______________, 2022, by ___________________________________, and ___________________________________ , the ______________________________ and ___________________, respectively, of the Housing and Redevelopment Authority in and for the City of Crystal, a public body corporate and politic under Minnesota Law. ____________________________________________________________ (signature of notarial officer) Notarial Seal Title (and Rank): ___________________________________ My commission expires: _____________________________ THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612)337-9300 DOCSOPEN\CR205\30\705900.v6-8/10/22 EXHIBIT A DOCSOPEN\CR205\30\705900.v6-8/10/22 DOCSOPEN\CR205\30\705900.v6-8/10/22 DOCSOPEN\CR205\30\705900.v6-8/10/22 DOCSOPEN\CR205\30\705900.v6-8/10/22 DOCSOPEN\CR205\30\707012.v8-8/10/22 (Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019) Minn. Stat. 507.18 _____________________________________________________________________________________________ Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from the land described herein. State of Minnesota, County of Hennepin The Economic Development Authority of the City of Crystal, a Minnesota public body corporate and politic, having an ownership or other interest in all or part of the real property described herein, solemnly swears that the contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to those matters it believes them to be true. Name and Address of Owner: The Economic Development Authority of the City of Crystal 4141 Douglas Drive North Crystal, MN 55422 The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows: Lot 6, Block 1, PERLICK ADDITION, according to the plat thereof on file or of record in the Office of the Registrar of Titles for Hennepin County, Minnesota, subject to easements of record. Torrens Certificate No. 1311502 Owner, the Economic Development Authority of the City of Crystal, swears and affirms that the information provided in this form is true and correct based on the information available and based on reasonable information and belief. ATTACHMENT G DOCSOPEN\CR205\30\707012.v8-8/10/22 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1 (1) A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to the property described in this form; (2) the restrictive covenant is contained in an instrument dated June 11, 1927 and recorded as Document No. 71230 (or in Book ________ of _________, Page ________) on June 23, 1927, in the Office of the County Registrar of Hennepin County, Minnesota, which is attached herein as Exhibit A; (3) restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution; (4) Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described herein through the use of this statutory form to permanently discharge such covenants from the land described herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting protected classes; (5) the instrument containing such restrictive covenants shall have full force in all other respects and shall be construed as if no such restrictive covenant was contained therein; and (6) the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions under Minnesota Statutes, section 500.20. The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the discharge of the illegal and unenforceable restrictive covenants affecting protected classes. _________________________________________________ Affiant (Owner’s signature) _________________________________________________ Affiant (Owner’s signature) Signed and sworn to before me on _______________, 2022, by _________________________________, and ___________________________________ , the ____________________________________ and ____________________________, respectively, of the Economic Development Authority of the City of Crystal, a Minnesota public body corporate and politic. ____________________________________________________________ (signature of notarial officer) Title (and Rank): ___________________________________ My commission expires: _____________________________ Notarial Seal THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 DOCSOPEN\CR205\30\707012.v8-8/10/22 EXHIBIT A DOCSOPEN\CR205\30\707012.v8-8/10/22 DOCSOPEN\CR205\30\707011.v8-8/10/22 (Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019) Minn. Stat. 507.18 _____________________________________________________________________________________________ Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from the land described herein. State of Minnesota, County of Hennepin The Economic Development Authority in and for the City of Crystal, a Minnesota public body corporate and politic, having an ownership or other interest in all or part of the real property described herein, solemnly swears that the contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to those matters it believes them to be true. Name and Address of Owner: The Economic Development Authority in and for the City of Crystal 4141 Douglas Drive North Crystal, MN 55422 The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows: Lot 3, Block 1, ANDERSONS GARDENDALE ACRES, according to the plat thereof on file or of record in the Office of the Registrar of Titles for Hennepin County, Minnesota, subject to easements of record. Torrens Certificate No. 1309814 Owner, the Economic Development Authority in and for the City of Crystal, swears and affirms that the information provided in this form is true and correct based on the information available and based on reasonable information and belief. ATTACHMENT H DOCSOPEN\CR205\30\707011.v8-8/10/22 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1 (1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to the property described in this form; (2)the restrictive covenant is contained in an instrument dated April 18, 1928 and recorded as Document No. 77369 (or in Book ________ of _________, Page ________) on April 24, 1928, in the Office of the County _________Registrar of Hennepin County, Minnesota, which is attached herein as Exhibit A; (3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution; (4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described herein through the use of this statutory form to permanently discharge such covenants from the land described herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting protected classes; (5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be construed as if no such restrictive covenant was contained therein; and (6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions under Minnesota Statutes, section 500.20. The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the discharge of the illegal and unenforceable restrictive covenants affecting protected classes. _________________________________________________ Affiant (Owner’s signature) _________________________________________________ Affiant (Owner’s signature) Signed and sworn to before me on _______________, 2022, by _______________________________, and __________________________________, the ___________________________, and ______________________, respectively, of the Economic Development Authority in and for the City of Crystal, a Minnesota public body corporate and politic. ____________________________________________________________ (signature of notarial officer) Title (and Rank): ___________________________________ Notarial Seal My commission expires: _____________________________ THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612)337-9300 DOCSOPEN\CR205\30\707011.v8-8/10/22 EXHIBIT A DOCSOPEN\CR205\30\707011.v8-8/10/22 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Sept. 30, 2022 City Council Work Session Agenda Monday, Oct. 3, 2022 Immediately following the Economic Development Authority meeting 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 Monday, Oct. 3, 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 Monday, Oct. 3, 2022. I. Attendance Council members Staff ____ Kiser ____ Norris ____ LaRoche ____ Therres ____ Parsons ____ Gilchrist ____ Adams ____ Elholm ____ Banks ____ Larson ____ Budziszewski ____ Ray ____ Cummings ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Interim city manager appointment. 2. Constituent issues update. 3. New business. * 4. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: September 28, 2022 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Interim City Manager ____________________________________________________________________ As my last day is October 28, the City Council should discuss who it will appoint to be interim city manager before the new city manager is on board. While senior staff will be managing their responsibilities and projects during this time, there does need to be an interim manager to sign official documents and checks, represent the city officially including on commissions such as the Hennepin Recycling Group, CCX Commission and Board, etc. The City Council should discuss the interim manager so the official appointment can be made at the October 18 Council meeting. Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Sept. 30, 2022 City Council Meeting Agenda Monday, Oct. 3, 2022 7 p.m. Council Chambers/Zoom Meeting The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda. 3. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council regular meeting on Sept. 20, 2022. b. The City Council regular work session on Sept. 20, 2022. 3.2 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. 3.3 Adoption of a resolution accepting donations. 3.4 Approval of the non-represented compensation program document. 3.5 Adoption of a resolution authorizing execution of an agreement with the Minnesota Department of Public Safety for the 2022 Multicultural Adult Driver Education project. 4. 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). 5. Public Hearings 5.1 The Mayor will open a public hearing to receive comment, and the Council will consider adoption of a resolution approving the assessment roll for the 2022 utility reconstruction private sanitary sewer service lining repairs. Page 2 of 3 As with previous street and utility reconstruction projects, residents of this year’s project had the opportunity to participate in sanitary sewer service lining repairs and three residents opted in. After holding the public hearing, recommend adoption of the resolution approving the assessment roll for the 2022 utility reconstruction private sanitary sewer service lining repairs. 5.2 The Mayor will open a public hearing to receive comment, and the Council will consider approval of a new on-sale liquor license for PurpleRose Lounge Corporation d/b/a PurpleRose Lounge located at 5526 West Broadway. Winchell Sherman has applied for a new on-sale liquor license for a restaurant/bar at 5526 West Broadway in the Crystal Gallery Mall. After holding the public hearing on the proposed on-sale liquor license, recommend approval of the new on-sale liquor license for 5526 West Broadway, contingent upon receipt of the licensing documentation required by the city clerk. 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 receive public input on the 2023 budget and levies. Several years ago, the City Council added an additional public input time on the budget prior to the December public hearing. Finance Director Jean McGann will present the 2023 budget at the Oct. 3 meeting. No action is needed. 6.3 The Council will consider civil penalties for violation of liquor license regulations by Cousins, LLC d/b/a Adair Liquor located at 6001 42nd Ave. N. In early December 2021, the police did compliance checks of liquor licensees. Adair Liquor failed the compliance check by selling alcohol to a minor. This is considered a second violation for Adair Liquor. After hearing from Adair Liquor and consistent with the Council resolution regarding civil penalties for a second violation, recommend approval of a three- day license suspension (dates to be determined by the city clerk) and a fine of $1,500. 6.4 The Council will consider adoption of a resolution awarding the contract for pedestrian crossing enhancements at Douglas Dr. N. and 32nd Ave. N. As the Council is aware, staff has been working with Hennepin County and Three Rivers to improve the pedestrian crossing safety at 32nd Ave. N. on Douglas Dr. Recommend adoption of the resolution awarding the contract for these pedestrian crossing enhancements. Page 3 of 3 6.5 The Council will consider adoption of a resolution discharging discriminatory restrictive covenants on city-owned land. Several years ago, the city began participating in the “Just Deeds” project which is a way for property owners to renounce discriminatory restrictive covenants. After reviewing the titles for city-owned properties, two were found to contain discriminatory restrictive covenants. Recommend adoption of the resolution discharging discriminatory restrictive covenants on two city-owned properties. 7. Announcements a. October is Domestic Violence Awareness Month, and the City of Crystal and the Crystal Police Department are seeking to raise awareness by participating in the Purple Light Initiative by lighting up the new police station at 4141 Douglas Dr. N. each evening for the month of October in recognition of Domestic Violence Awareness Month. The City of Crystal strongly encourages everyone to break the silence on domestic violence and view the purple lights in October as an encouraging message of help, hope and healing. If you, or someone you know, has been the victim of domestic violence, please call 9-1-1. Additional resources can be obtained by contacting the Crystal Department at 763-531-1020 or Cornerstone at 1-866-223- 1111. b. The City Council will hold a work session on Thursday, Oct. 13 at 6:30 p.m. in the Council Chambers at City Hall and via Zoom. c. The next City Council meeting is Tuesday, Oct. 18 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. 8. Adjournment Have a great weekend; see you at Monday’s meeting. Crystal City Council meeting minutes Sept. 20, 2022 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Sept. 20, 2022 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN and via Zoom. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the deputy city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Cummings, Kiser, LaRoche, Adams, Banks, and Budziszewski. Council Member Parsons observed the meeting remotely via Zoom, but did not participate as a voting member. City staff present: Assistant City Manager K. Therres, City Attorney T. Gilchrist, Public Works Director M. Ray, Police Chief S. Revering, Deputy Police Chief B. Hubbard, and Deputy City Clerk C. Yang. Community Development Director J. Sutter was present via Zoom. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Banks to approve the agenda. Motion carried. 3.Proclamation 3.1 Mayor Adams proclaimed Sept. 17 – 23, 2022 as Constitution Week 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 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 Res. No. 2022-84, appointing an interim commissioner to the Joint Water Commission. 4.4 Adoption of Res. No. 2022-85, rescinding parking restrictions on a portion of Brunswick Ave. N., south of 42nd Ave. N. 3.1(a) Crystal City Council meeting minutes Sept. 20, 2022 Page 2 of 3 4.5 This item was removed from the consent agenda and added to the regular agenda before the first regular agenda item. 4.6 Adoption of Res. No. 2022-87, accepting a donation of a statue memorializing Barway Collins and celebrating all children. 4.7 Appointment of members to the Inclusion and Diversity Commission. Moved by Council Member Banks and seconded by Council Member Cummings to approve the consent agenda, but remove item 4.5 from the consent agenda and add it to the beginning of the regular agenda. Council Member Kiser abstained from the vote. Motion carried. 5. Open Forum The following person addressed the Council regarding consent agenda 4.6, adopting a statue memorializing Barway Collins and celebrating all children: • Howard Dotson, 14103 68th Pl. N. 6. Regular Agenda Item 4.5 was removed from the consent agenda and added to the beginning of the regular agenda. 4.5 The Council considered adoption of a resolution authorizing the execution of a joint powers agreement for the fence consortium. Moved by Council Member LaRoche and seconded by Council Member Banks to adopt the following resolution: RESOLUTION NO. 2022 – 86 RESOLUTION ADOPTING AND AUTHORIZING EXECUTION OF THE FENCING CONSORTIUM JOINT POWERS AGREEMENT Voting aye: Cummings, Kiser, LaRoche, Adams, Banks, and Budziszewski. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 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 Kiser to approve the list of disbursements over $25,000. Voting aye: Cummings, Kiser, LaRoche, Adams, Banks, and Budziszewski. Absent, not voting: Parsons. Motion carried. 3.1(a) Crystal City Council meeting minutes Sept. 20, 2022 Page 3 of 3 6.2 The Council considered a resolution approving the purchase of a replacement dump truck. Public Works Director Mark Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Banks to adopt the following resolution: RESOLUTION NO. 2022 – 88 APPROVING THE PURCHASE OF A REPLACEMENT UTILITY PICKUP TRUCK Voting aye: Cummings, Kiser, LaRoche, Adams, Banks, and Budziszewski. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 7. Announcements The Council made announcements about upcoming events. 8. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 7:35 p.m. ____________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Chee Yang, Deputy City Clerk 3.1(a) Crystal City Council work session minutes Sept. 20, 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 6:47 p.m. on Sept. 20, 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 deputy city clerk recorded the attendance for city council members and staff: Council members present: Cummings, Kiser, LaRoche, Adams, Banks, and Budziszewski. Council Member Parsons observed the meeting remotely via Zoom, but did not participate as a voting member. City staff present: Assistant City Manager K. Therres, Public Works Director M. Ray, Police Chief S. Revering, Deputy Police Chief B. Hubbard, and Deputy City Cl erk C. Yang. Community Development Director J. Sutter was present via Zoom. II.Agenda The Council and staff discussed the following agenda item s: 1.City manager monthly check-in. 2.Constituent issues update. 3.New business. 4.Announcements. III.Adjournment The work session adjourned at 6:49 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chee Yang, Deputy City Clerk 3.1(b) Page 1 of 1 City of Crystal Council Meeting Oct. 3, 2022 Applications for City License Liquor – Temporary On-Sale Birchwood Bike and Racing Team, 110 West Grant St., #30H, Minneapolis, MN 55403 (Nov. 12 – 13, 2022 at Bassett Creek Park). Refuse Hauler Republic Services d/b/a Allied Waste 8661 Rendova St. N.E., Circle Pines, MN 55014 (pre- approved by Anne Norris 9/29/22) Sanimax USA, 505 Hardman Ave., So. St. Paul, MN 55075 (pre-approved by Anne Norris 9/27/22) Suburban Waste MN LLC, 7125 126th St. W., #500 Savage, MN 55378 (pre-approved by Anne Norris 9/29/22) Waste Management of Minnesota, 10050 Naples St. N.E. Blaine, MN 55449 (pre-approved by Anne Norris 9/29/22) Rental – Renewal 6714 Corvallis Ave. N. – Herman Capital Partners (Conditional) 5304 Fairview Ave. N. – MNSF (Conditional) 6602-6606 Fairview Ave. N. – James Lehto 2725-2727 Hampshire Ave. N. – Guy Proels Living Trust (Conditional) 4832 Hampshire Ave. N. – Patricia Sandeen 5700 Hampshire Ave. N. – Todd Campbell (Conditional) 4824-4826 Idaho Ave. N. – Eleasah Tilseth (Conditional) 3500 Jersey Ave. N. – Jennifer Hruska (Conditional) 6701 Lombardy Ln. N. – Amy Harrison 5710 Orchard Ave. N. – Todd Havisto 5924 Perry Ave. N. – Ryan McArton 5222 Unity Ct. N. -Nandri LLC (Conditional) 3300 Welcome Ave. N. – MNSF 4755 Welcome Ave. N. – Independent Properties LLC. (Conditional) 3149 Winnetka Ave. N. – Jonathan Doolittle (Conditional) 3417 Wisconsin Ave. N. – Good Domus 3237 Zane Ave. N. – MJA Capital Mgt. LLC 3619 Zane Ave. N. – Juan Orozco 5600 35th Ave. N. – Nothome Properties LLC. (Conditional) 6215-6217 47th Ave. N. – Vallinayaki Palanisami 6610-6614 50th Ave. N. – Jeff Petersen (Conditional) 4710 58th Ave. N. #101 – Twin Lake North Condo Assn. Solicitor - Yearly John Cooley for Custom Remodelers, 474 Apollo Dr., Lino Lakes, MN 55014 Nickolas Current for Custom Remodelers, 474 Apollo Dr., Lino Lakes, MN 55014 Clayton Molitor for Custom Remodelers, 474 Apollo Dr., Lino Lakes, MN 55014 Darien Johnson for Custom Remodelers, 474 Apollo Dr., Lino Lakes, MN 55014 Isaac Summerfeldt for Custom Remodelers, 474 Apollo Dr., Lino Lakes, MN 55014 Michael Pierce for Custom Remodelers, 474 Apollo Dr., Lino Lakes, MN 55014 3.2 CITY OF CRYSTAL RESOLUTION NO. 2022 - RESOLUTION ACCEPTING DONATIONS FROM VARIOUS DONORS 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: Donors Purpose Amount Listed in Exhibit A (attached) Becker Park statue $23,040 Via RecTrac General parks fund $25 Via RecTrac Becker Park fund $10 Via RecTrac Youth scholarship fund $5 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks all of the donors for their generous donations. Dated: Oct. 3, 2022 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Christina Serres, City Clerk 3.3 EXHIBIT A The following donations were received for the Becker Park statue to memorialize Barway Collins and celebrate all children: Donors Amount A Davis Distillery LLC $150 Abby Michaud Loesch $30 Alida Adams $50 Amber Glaywulu $50 Andrea Todd-Harlin $100 Andrew Wagner $20 Anjelica Torres $20 Ann Knuti $200 Annetta Cepek $100 Arthur Biah $250 Arthur Brown $15 Ashley Dinh $50 Austin Berger $50 Barbara Malzacher $50 Ben Johnson $25 Benevity $100 Breanna Schmitt $10 Brenda Russ $100 Brett Stevens $20 Brigid Volk $20 Carla Riley $25 Carol Knight $25 Charles Salminen $50 Chas Anderson $50 Chris Freeman $20 Chris Henjum $50 Chris Wodicka $20 Christine Vegel $40 Criostoir Daly $100 Crystal Police Association $500 Dan Nelson $50 Daniel Gates $25 Darrel Quam Family $500 David Cummings $50 David Hand $10 Denise Invie $25 Denise Miller $50 Denise Olszewski $25 Diane VanOrsdol $50 Dustin Grage $20 Elijah Henderson $40 Exhibit A page 1 of 4 3.3 Elizabeth Anne Backdahl $20 Eric Austin $100 Fernand Sirois $100 Fiona Gellatly $50 Gabe Johnson $10 Gary Stein $500 Gerald and Patricia Stone $100 Goers & Harrer Families $750 Goers & Harrer Families $750 Heather Woods $30 Howard Root $500 J.D. or E.L. Adams $500 Jacie Green $20 Jai Hanson $50 Jake Loesch $25 James Irwin $100 Jana Boxx $25 Janice and Mark Carroll $10 Janna Stewart $10 Jason Berglund $20 Jeanette Purcell $50 Jeannine Mueller-Harmon $50 Jeff and Erin Kolb $1,000 Erin Kolb matching funds $1,000 Jesse Ewing $20 Jessica Le $25 Jodee Kulp $25 Jodeen Douglass $50 Jody Peterson $20 John Reynolds $25 John Sutter $200 Joseph and Shirley Purvis $50 Joshua Buttler $45 Joshua Warren $10 Joyce Piwoschuk $50 Julie Loftus $25 Justin Dahl $300 Justin Rohloff $20 Kallan Bray $20 Karen Lachner $10 Kathleen Clemens $50 Kelly Fenton $100 Kelly Gunderson $20 Kelsey Johnson $25 Kendal Killian $50 Kent Lind $25 Kevin Decker $100 Exhibit A page 2 of 4 3.3 Kevin Schwartz $500 Kevin Zabel $25 Kirk and Marcy McDonald $25 Krissa Overbo $50 Kristin Johnson $1,000 Laura Cleven $100 Lauren Melcher $25 Leanne Williams $10 Leslie Holt $25 Leslie Williams $25 Linda Enberg $50 Lindley Braaten $25 Lindsay Buck $25 Lisa Dargontina $15 Lisa Kolb $50 Lois Belmore $25 LuAnn Hendrickson $20 Luke Hellier $50 Lynn Nelson $100 M Ross $35 Marcia Bach $25 Margaret Romero $20 Marian Saksena $100 Mark Laliberte $10 Mark Mackmiller $20 Mary Ann Torres $20 Mary Franson $50 Mary Hirsch $40 Mary Leatherman $100 Mary Maddox $50 Matt Ronge $25 Matt Stockhaus $50 Matt Ullom $50 Matthew Stetler $50 Maureen K. Stoen $25 Max Rymer $100 Michael Brodkorb $101 Michael Brodkorb $60 Michael Edman $25 Michael Fiala $50 Michael Formanek $50 Mike Freiberg $50 Molly Cronin $100 Nancy Benson $50 Nancy LaRoche $100 Navin Natarajan $100 Nicole Warolin $5 Exhibit A page 3 of 4 3.3 Nigel Davies $200 Olga Parsons $100 Pat Booker $200 Patrick Kaluza $25 Peter Swanson $50 Randi Rosso $50 Rebecca Augustine $100 Rebecca Bengtson $50 Ron Kresha $100 Rune Lee-Kolhoff $5 Ruth Ryan $15 Sandra Paddock $100 Sandy Stearns $25 Sara Barrow $25 Shawn Smith $100 Sheila Kihne $50 Sherry and Gina Lehn $1,000 Sloane Martin $50 Stephanie Palthen $10 Stephen Schumacher $100 Steve Bissen $20 Steve Simon $100 Sue Scott $50 Sue Wenlund $50 Susie Zahratka $25 The Pelletier Trust $200 Thomas Johnson $25 Tim Commers $100 Timothy Stuewe $20 Tony Sumnicht $50 Tony Sutton $50 Tracy and Mike Johnson $25 Tracy Hayek $50 West Metro Fire-Rescue Relief Association $4,000 William Grant $100 William Krause $50 Anonymous (39) $1,994 Total $23,040 Exhibit A page 4 of 4 3.3 3.4 3.4 3.4 3.4 3.4 3.4 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: September 30, 2022 SUBJECT: Consent Agenda: October 3, 2022 Council Meeting ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND Last year, our police department partnered with our school district (Adult Academic Learning Center) and the Office of Traffic Safety to enter into a grant agreement regarding a project called Multicultural Adult Driving Education. This is a program focused on new immigrants and our officers teaching them how to drive and obtain their MN Driver’s License. We would like to participate in this grant once again which is completely paid for by the State of Minnesota through the Office of Traffic Safety (Department of Public Safety). OUR ASK Approve the resolution before you. As always, please let me know if you have any questions. Thanks. 3.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022 - ____ RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MN DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY WHEREAS, the City Council has authorized the City of Crystal Police Department to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled 2022 Multicultural Adult Driver Education during the period from October 1, 2022 through September 23, 2023. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1. The Deputy Police Chief is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Crystal Police Department and to be the fiscal agent and administer the grant. Adopted by the Crystal City Council this 3rd day of October, 2022. BY THE CITY COUNCIL _________________________________ Jim Adams, Mayor ATTEST:____________________________ Christina Serres, City Clerk 3.5 Memorandum DATE: October 3, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works Ben Perkey, PE, Engineering Project Manager SUBJECT: 2022 Utility Reconstruction Private Sanitary Sewer Service Lining Repairs Background On September 6, 2022 the City Council declared the amount to be assessed as part of the 2022 Utility Reconstruction Project’s optional Sanitary Sewer Service Lining Repair work, ordered the preparation of the assessment roll, and called for a public hearing on the assessment for October 3, 2022. This program was completely optional. The cost was a flat $4,000 per property to have their sanitary sewer service lined. The purpose of the public hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. Once the public hearing is closed, City Council must, by resolution, adopt the same as the special assessment against the lands named in the assessment roll. Again, this is part of the Minnesota State Statute process for special assessments. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. Discussion Of the 39 parcels in the 2022 Utility Reconstruction Project, 3 parcels participated in the sanitary sewer lining repair program. While every participant signed an agreement showing the cost of the proposed work and waiving their right to appeal the assessment, it is still required to go through the formal assessment process. Attachments •Assessment roll •Example resident payment information letter Recommended Actions •Hold the Public Assessment Hearing on the project. •Motion to approve the Resolution adopting the assessment roll for the 2022 Utility Reconstruction Private Sanitary Sewer Lining Repairs. 5.1 CITY OF CRYSTAL, MINNESOTA 2022 UTILITY RECONSTRUCTION PROJECT S. 0147 October 3, 2022 PID Number Property Address Homeowner Tax Payer Tax Payer Address Assessment Amount 20-118-21-41-0079 3140 Edgewood Ave N, Crystal, MN 55427 Theodore L Hoeben Theodore L Hoeben 3140 Edgewood Ave N Crystal, MN 55427 $4,000.00 20-118-21-41-0083 3149 Edgewood Ave N, Crystal, MN 55427 J S Recinos & F J Coleman Jeniffer S Recinos & Felix J Coleman 3149 Edgewood Ave N Crystal, MN 55427 $4,000.00 20-118-21-44-0041 2949 Edgewood Ave N, Crystal, MN 55427 Shawn L Oetjen Shawn L Oetjen 2949 Edgewood Ave N, Crystal, MN 55427 $4,000.00 $12,000.00 PRIVATE SANITARY SEWER LINING REPAIR FINAL ASSESSMENT ROLL EXHIBIT A 5.1 EXPLANATION OF OPTIONS FOR PAYMENT OF SPECIAL ASSESSMENTS 2022 UTILITY RECONSTRUTION PRIVATE SANITARY SEWER SERVICE LINING REPAIR October 4, 2022 On October 3, 2022, the City of Crystal levied a special assessment (lien) against your property. A special assessment is a charge to you for work performed by the City that benefits your property. The amount to be specifically assessed against your property is $4,000.00 for the sanitary sewer service lining repair. PROPERTY ADDRESS: PIN #00000000000 4141 Douglas Drive N MARY SMITH Crystal, Minnesota 55422 4141 Douglas Drive N CRYSTAL MN 55422 THIS LETTER IS NOTIFICATION THAT THE SPECIAL ASSESSMENT FOR THE SANITARY SEWER LINING HAS BEEN LEVIED AND IS DUE AND PAYABLE. Instructions for payment Please make your check payable to the City of Crystal. You may deliver or mail the payment to City Hall, 4141 Douglas Drive N, Crystal, MN 55422. Visa and MasterCard will also be accepted at City Hall with a valid picture ID. Payments made before 4:30pm on November 28, 2022 Any payment ($100 minimum) made before the time noted above will reduce the amount put on the taxes next year. If the entire balance is paid, there will be no additional cost put on the taxes. Payments made after 4:30pm on November 28, 2022 Any portion of the balance not paid by this time will added to your property tax statement over a 5-year period beginning in 2023, and ending in 2027. The first year you will be charged 14 months of interest on your assessment balance. After the first year, the amount added to your annual property tax statement will be computed by adding 1/5th of your assessment balance plus simple interest computed at 3.0 percent on the declining balance. You may pay off the entire balance remaining at any time but your payment must be made by the last business day prior to November 15 in order to avoid interest charges for the following year. Special Circumstances You may qualify to defer your assessment to a later date if you meet the requirements. If an assessment is deferred, interest will accrue at the rate of 3.0 percent for the 5-year term of the assessment or until the assessment is paid, whichever comes first. To defer your assessment, you must occupy the property as your homestead, meet the income guidelines listed below, AND be one of the following:1) over the age of 65 2) totally and permanently disabled OR 3) a member of the Minnesota National Guard or other reserves ordered into active military service Household Size Income Limit Household Size Income Limit Household Size Income Limit Household Size Income Limit 1 $62,600 3 $80,500 5 $96,600 7 $110,900 2 $71,550 4 $89,400 6 $103,750 8 $118,050 Please contact the City of Crystal at 763.531.1000 or customerservice@crystalmn.gov if you need additional information on the program. -------------------------------------------------------------------------------------------------------------------------------------------------- If paying on or before November 28, 2022 please cut and return this stub with your payment to: Address of Property You Are Paying Assessment on: Amount Enclosed: Property ID# 4141 Douglas Drive N. $ 000000000000000 5.1 RESOLUTION NO. 2022- _____ ADOPTING THE ASSESSMENT ROLL FOR 2022 UTILITY RECONSTRUCTION PRIVATE SANITARY SEWER SERVICE LINING REPAIRS WHEREAS, the City Council approved the project plans and specifications and ordered the ad for bids for the 2022 Utility Reconstruction Project (“Project”) on January 18, 2022; and WHEREAS, the City Council awarded the contract for the Project on March 1, 2022; and WHEREAS, as part of the Project, residents were given the option to participate in a private sanitary sewer repair program (“Repair Program”); and WHEREAS, the owners requesting participation in the Repair Program petitioned the City for said improvements and signed an agreement waiving their right to appeal the assessment associated with the Repair Program; and WHEREAS, the Repair Program, is being constructed in accordance with the Minnesota Statutes, chapter 429 requirements; and WHEREAS, the Crystal City Council called for the assessment hearing at the September 6, 2022 City Council meeting; and WHEREAS, the Crystal City Council held the assessment hearing on October 3, 2022, at which it heard and passed on all objections to the proposed assessment for the Repair Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1. The proposed assessment for the Repair Program is hereby accepted and shall constitute the special assessment against the lands identified on the attached Exhibit A, and each tract of land is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. The total cost to be assessed against the 3 properties whose owners elected to participate in the Repair Program is $12,000.00, with a set assessment amount of $4,000 per property. 2. Such assessment shall be payable in equal principal installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 2023, and shall bear interest at the rate of 3.0 percent per annum from the date of adoption of this assessment resolution until December 31, 2027. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property assessed may, at any time prior to certification of the assessment to the County Auditor (the end of business on November 28, 2022), pay the whole or partial payment ($100 minimum) of the assessment on such property, with no interest accrued on the amount paid to the City Treasurer. The balance amount of the assessment remaining unpaid, with interest accrued to December 31 will be certified. To avoid future year interest, such payment must be made by the last business day prior to November 15 or interest will be charged through December 31 of the next succeeding year. 5.1 4. The Clerk shall transmit a certified copy of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Crystal City Council this 3rd day of October 2022. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 5.1 CITY COUNCIL STAFF REPORT Public hearing: Oct. 3, 2022 City Council meeting Consideration of a new on-sale liquor license for PurpleRose Lounge Corporation d/b/a PurpleRose Lounge DATE: Sept. 28, 2022 FROM: City Clerk Chrissy Serres TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of a new on-sale liquor license for PurpleRose Lounge Corporation d/b/a PurpleRose Lounge located at 5526 West Broadway Background and application review Winchell Sherman, owner of PurpleRose Lounge Corporation, has submitted a new on-sale liquor license application (with the addition of on-sale Sunday and 2 a.m. service) for a restaurant/bar located at 5526 West Broadway in Crystal Gallery Mall. The property is zoned TC (Town Center) and restaurants with on- sale liquor are a permitted use in that district. Staff has reviewed the liquor license application materials, and at this time, there are a few pending required documents. A background check was completed by the police department and Police Chief Revering finds no reason to prohibit issuance of the license. A public hearing notice was published in the SunPost on Sept. 22, 2022 (Attachment A). Mr. Sherman has provided floor plans for the restaurant/bar (Attachment B). In addition, Mr. Sherman is also applying for a retail tobacco license for the adjacent tenant space of 5530 West Broadway for PurpleRose Cigar and Hookah. The attached plans shows the tenant space layouts for both the proposed restaurant/bar and tobacco shop. The proposed hours for the both establishments are as follows: PurpleRose Lounge PurpleRose Cigar and Hookah Shop Sundays – 10 a.m. to 2 a.m. Sundays – 10 a.m. to 12 a.m. (midnight) Mondays – 10 a.m. – 12 a.m. (midnight) Mondays – 10 a.m. – 12 a.m. (midnight) Tuesdays – 10 a.m. – 12 a.m. (midnight) Tuesdays – 10 a.m. – 12 a.m. (midnight) Wednesdays – 10 a.m. – 12 a.m. (midnight) Wednesdays – 10 a.m. – 12 a.m. (midnight) Thursdays – 10 a.m. – 12 a.m. (midnight) Thursdays – 10 a.m. – 12 a.m. (midnight) Fridays – 10 a.m. to 2 a.m. Fridays – 10 a.m. to 2 a.m. Saturdays – 10 a.m. to 2 a.m. Saturdays – 10 a.m. to 2 a.m. Mr. Sherman will be at the Oct. 3, 2022 City Council meeting to answer any questions. Requested City Council action Staff recommends approval of the new on-sale liquor license for PurpleRose Lounge Corporation d/b/a PurpleRose Lounge located at 5526 West Broadway contingent upon receipt of the required remaining licensing documentation. The retail tobacco license will be included on the list of licenses for consideration by the City Council at a future meeting. 5.2 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING TO CONSIDER AN ON-SALE LIQUOR LICENSE AT 5526 WEST BROADWAY Notice is hereby given that the Crystal City Council will hold a public hearing on Oct. 3, 2022 at 7 p.m. in the Council Chambers located at 4141 Douglas Dr. N., to consider an on-sale liquor license at 5526 West Broadway submitted by PurpleRose Lounge Corporation d/b/a PurpleRose Lounge. Anyone wishing to express a view either in person or in writing will be heard at the public hearing. Auxiliary aids are available for public meetings upon request to individuals with disabilities by calling the city clerk at 763-531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. City Clerk Chrissy Serres Exhibit A 5.2 18"18"4812 UP4212 UPFLIP UP34"WAIT STATION 38'5 LOCKERS18"18"A-2 AssemblySample Room2,227 s.f.B BusinessB BusinessCommercialKitchen2,256 s.f.A-2 AssemblyRestaurant4,392 s.f.Main Entrance /Exit for CigarBar SpaceSecond Entrance/ Exit for CigarBar SpaceSecond Entrance/ Exit forRestaurantSpaceMain Entrance /Exit forRestaurantSpace124'-5" Overall Diagonal60'-2 1/2" Exit Separation Distance (41'-6" minimum allowed)Exit -KitchenOnlyEXISTING ONE HOUR RATED WALL CONSTRUCTION - NEW WALLS & OPENINGS TO MATCHRECEPTIONor report was prepared by me or underMichael J. Monn Registration. No.: 21772licensed Architect under the laws of themy direct supervision and that I am a dulyState of Minnesota.I hereby certify that this plan, specificationAll rights reserved.Michael Monn ArchitectsThis document is an instrument of copied without prior written consent.service and is the property of Michael Monn Architects., and may not be used or CertificationE mike@michaelmonnarchitects.comP (612) 247-5406LAKEVILLE, MN 55044-90607933 GRINNELL WAYMichael Monn Architects223122022-08-16 Issue for PermitPurple Rose5526 West BroadwayCrystal, MinnesotaOverall BuildingFloor PlanG21 2022-08-29 City Comments2345620228/29/2022PARTITIONSINDICATES EXISTINGPARTITION TO REMAININDICATES EXISTINGPARTITION TO BEREMOVEDNEW CONSTRUCTIONDOORSEXISTING DOORSNEW DOORSCode AnalysisBUILDING:IBC 2020 Minnesota Building CodeSTRUCTURAL:ACCESSIBILITY:2020 Minnesota Accessibility CodeIBC 2020 Minnesota Building CodeBuilding Construction Type:II - BOccupancy Groups: Group 'A-2' (Restaurant)Group 'A-2' (Retail w/ Sample Room)Project Description: The proposed project is a renovation of an existingrestaurant space to a new Restaurant / Cigar Sample Room concept.The new space will be split into two separate tenant spaces with a onehour occupancy separation between them.Applicable Codes:Overall Tenant Area: 10,406 gross s.f.One hour occupancy separation between the tenant spacesThe building is protected by an automatic sprinkler system per NFPA 13MECHANICAL:2020 Minnesota Fire CodeFIRE CODE:2020 Minnesota Mechanical & Fuel Gas CodePLUMBING:2020 Minnesota Plumbing CodeELECTRICAL:2020 Minnesota Electrical CodeOccupancy Loads:Assembly: 4,392 s.f unconcentrated @ 1 per 15 = 293 peopleKitchen: 2,256 s.f.@ 1 per 200 = 12 peopleBusiness: 483 s.f.@ 1 per 150 = 4 peopleTotal = 309 peopleGroup 'A-2' (Restaurant)Occupancy Loads:Assembly: 2,227 s.f unconcentrated @ 1 per 15 = 149 peopleBusiness: 502 s.f.@ 1 per 150 = 4 peopleTotal = 153 peopleGroup 'A-2' (Retail w/ Sample Room)Plumbing Calculations:309 people total (155 per sex)Waterclosets required: 1 per 75 = 3 required per sexWaterclosets provided:= 4 per sex providedLavatories required: 1 per 200 = 1 required per sexLavatories provided:= 2 per sex providedPlumbing Calculations:153 people total (77 per sex)Waterclosets required: 1 per 75 = 2 required per sexWaterclosets provided:= 2 per sex providedLavatories required: 1 per 200 = 1 required per sexLavatories provided:= 1 per sex provided1/8" = 1'-0"Tenant Code PlanExhibit B5.2 18"18"4812 UP4212 UPFLIP UP34"WAIT STATION 38'5 LOCKERS18"18"152OFFICE105MEN'S106WOMEN'S101ENTRANCE103LOBBY104ICE125LOUNGE123RESTAURANT117KITCHEN108PREP109OFFICE111WALK-IN COOLER102COATS107CLOSET124BAR150SAMPLING ROOM151LOUNGE155WOMEN'S154MEN'S153CORRIDOR119MECHANICAL118WALK-IN COOLER122WALK-IN COOLER112STORAGE114STORAGE115STORAGE116WARE WASH110STORAGE100VESTIBULE113STORAGE121CORRIDOR120STORAGEEXISTINGELECTRICALEXISTINGSPRINKLEREXISTINGEXIT1A112533334830484848484830484848489648483048484848964848304830484848304848484848484848843636369648484848484848484848484848483048489648964848"60RECEPTION368436363636363630"42424242424236"4242424236"42424242843636843642"PUB42"PUB42"3642"42"42"16'-7"5"4'-0"5"11'-9"8'-9"5"7 1/4"10'-7"8'-2"5'-1"1"2'-6"1"4'-0"1'-10"5'-1"1"3'-0"5'-1"6'-11"7 1/4"7'-4"5"3'-7"9'-7"5"2'-0"4'-0"10'-5"5"6'-0"5"154MEN'S155WOMEN;S153CORRIDOR152OFFICE120STORAGEEXISTINGSPRINKLERROOMEXISTINGEXITEXISTINGELECTRICALROOM154 155152 2242222221142Partition Types1.THE FOLLOWING PARTITION TYPES ARE BASED ON A DEFLECTION OF L/240 ANDTHE USE OF 25 GA. METAL STUDS SPACED 24" O.C. UNLESS NOTED OTHERWISE2.MOISTURE RESISTANT GWB TO BE USED AT ALL TOILET, SINK & SHOWER AREAS3.INTERIOR SOUND INSULATED PARTITIONS SHALL HAVE FINISHED JOINTS FOR THEFULL HEIGHT OF THE PARTITION. PROVIDE ACOUSTICAL SEALANT AT THE TOP ANDBOTTOM OF THE PARTITION.4 7/8" 5" Nom.5/8" TYPE 'X' GWB3 5/8" MTL. STUDS@ 24" O.C.5/8" TYPE 'X' GWBOPTIONALACOUSTICALBATT INSULATIONType 1Fire Rating:One HourFire Test:UL U425Sound Test:XType 3Fire Rating:Fire Test:Sound Test:Type 4Fire Rating:Fire Test:Sound Test:4 7/8" 5" Nom.3 5/8" MTL. STUDS@ 24" O.C.OPTIONALACOUSTICALBATT INSULATIONPARTITION FROM FLOOR SLAB TO ROOF DECK ABOVEType 5Fire Rating:Fire Test:Sound Test:PARTITION INFILL OF EXISTING DOOR OPENINGPARTITION FROM FLOOR SLAB TO ROOF DECK ABOVE5/8" GWB6" MTL. STUDS @24" O.C.5/8" GWBOPT. ACOUSTICALBATT INSULATION7 1/4" 7" Nom.One HourUL U4254 7/8" 5" Nom.5/8" GWB3 5/8" MTL. STUDS@ 24" O.C.5/8" GWBOPTIONALACOUSTICALBATT INSULATIONPARTITION INFILL OF EXISTING DOOR OPENINGType 2Fire Rating:Fire Test:Sound Test:4 7/8" 5" Nom.5/8" GWB3 5/8" MTL. STUDS@ 24" O.C.5/8" GWBOPTIONALACOUSTICALBATT INSULATIONNon-RatedPARTITION FROM FLOOR SLAB TO ROOF DECK ABOVE5/8" TYPE 'X' GWB5/8" TYPE 'X' GWBNon-RatedNon-RatedMOUNTING HEIGHTS& GRAB BARSSEE SHEET G1UNLESSSPECIFICALLYNOTED OTHERWISEIMPERVIOUSWALLFINISH TO 4'-0"AFF MIN. HGT.2INTERIOR ELEVATIONSRESTROOM - TYPICAL SIDE WALL 1/2" = 1'-0"3INTERIOR ELEVATIONSRESTROOM - TYPICAL REAR WALL 1/2" = 1'-0"5'-0" CLEAR MIN.IMPERVIOUSWALLFINISH TO 4'-0"AFF MIN. HGT.or report was prepared by me or underMichael J. Monn Registration. No.: 21772licensed Architect under the laws of themy direct supervision and that I am a dulyState of Minnesota.I hereby certify that this plan, specificationAll rights reserved.Michael Monn ArchitectsThis document is an instrument of copied without prior written consent.service and is the property of Michael Monn Architects., and may not be used or CertificationE mike@michaelmonnarchitects.comP (612) 247-5406LAKEVILLE, MN 55044-90607933 GRINNELL WAYMichael Monn Architects223122022-08-16 Issue for PermitPurple Rose5526 West BroadwayCrystal, MinnesotaOverall BuildingFloor PlanA11 2022-08-29 City Comments2345620228/29/2022PARTITIONSINDICATES EXISTINGPARTITION TO REMAININDICATES EXISTINGPARTITION TO BEREMOVEDNEW CONSTRUCTIONDOORSEXISTING DOORSNEW DOORSWOOD 1 3/8" HOLLOW COREDoorNumberDoorSizeFireRating HOLLOW METAL INSULATED ALUMINUM & GLASS HOLLOW METAL WOOD 1 3/4" SOLID CORE DOORHOLLOW MTL. - 4" HEAD HOLLOW MTL. - 2" HEAD DOUBLE ACTING NON-REMOVABLE PINS LOCKSET - CLASSROOM LOCKSET - STOREROOM ALUMINUM WOOD MORTICE CYLINDER BUTTS BY DOOR SUPPLIER ALL HARDWARE BUTTS W/ CLOSER PUSH / PULL LATCHSET LOCKSET - OFFICE FLOOR STOP LOCKSET - PRIVACY EXIT DEVICE LATCH / LOCK WALL STOP FRAME HARDWARE THRESHOLD WEATHERSTRIP SWEEP SMOKE GASKETS KICKPLATE LATCHGUARD CommentsDoor Schedule152 3'-0" x 7'-0"-154 3'-0" x 7'-0"-155 3'-0" x 7'-0"-General NotesDIMENSIONS SHOWN ARE TO THE FACE OF CONCRETE, FACE OFMASONRY OR FACE OF GWB (U.N.O.)2.3.DO NOT SCALE THE PLANS4. FIELD VERIFY ALL DIMENSIONS AND NOTIFY ARCHITECT OF ANYDISCREPANCIES5.ALL STUD WALLS SHALL HAVE A MINIMUM OF 5/8" GWB UNLESSSPECIFCALLY NOTED ON THE PARTITION TYPES6. PROVIDE CONTROL JOINTS IN GWB WALLS AS RECOMMENDED BY THEMANUFACTURER7.PROVIDE MOISTURE RESISTANT GWB ON TOILET ROOM WET WALLS8.ALL WALLS TO THE ROOF DECK SHALL BE CONSTRUCTED TOACCOMMODATE THE DEFLECTION OF THE ROOF STRUCTURE9.THE PERIMETER OF ACOUSTICAL WALLS SHALL HAVE A 1/4" GAP FILLEDWITH ACOUSTICAL SEALANT.10. ALL PENETRATIONS IN ACOUSTICAL WALLS SHALL BE SEALED WITHACOUSTICAL SEALANT11.PROVIDE PORTABLE FIRE EXTINGUISHERS OF THE SIZE, TYPE &LOCATIONS AS REQUIRED BY THE FIRE MARSHALL.12.ALL INTERIOR FINISHES SHALL HAVE A FLAME SPREAD RATING OFCLASS III OR BETTER13. ALL FOAM PLASTIC INSULATION IN THE INTERIOR SHALL BEPROTECTED BY ONE LAYER OF 5/8" GWB MIN.14.NO COMBUSTIBLE MATERIALS SHALL BE ALLOWED IN PLENUM SPACESTHE SCOPE OF THIS PROJECT IS A RENOVATION OF EXISTING BUILDINGCAFETERIA AREA.1.15.VERIFY THE FINAL LOCATION OF EQUIPMENT PRIOR TO ROUGH-IN OFTHE MECHANICAL, ELECTRICAL & PLUMBING HOOK-UPS.16. THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS, LICENSESAND CERTIFICATES AND PAY ALL FEES CONNECTED WITH THE ABOVEREFERENCED PROJECT.1Enlarged PlanCigar Bar Restrooms1/4" = 1'-0"1/8" = 1'-0"Tenant Floor Plan125 3'-0" x 7'-0"-Exit OnlyExhibit B5.2 DATE:September 23, 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.September health insurance premiums $127,357.00 Bituminous Roadways, Inc.Becker court coloring $32,065.00 Kraus-Anderson Construction Co.New police building project management $61,874.25 LMCIT 4th quarter of 2022 property/casualty insurance $44,295.00 Acoustics Associates, Inc.New police building costs $66,500.00 LMCIT 4th quarter of 2022 workers compensation insurance $152,020.00 Berwald Roofing Company, Inc.New police building costs $35,149.95 George F. Cook Construction Co.New police building costs $343,119.62 Golden Valley JWC August water costs $274,548.26 Laketown Electric Corporation New police building costs $200,983.87 Mansfield Oil Company Fuel for fleet $26,532.70 McDowall Company New police building costs $176,235.45 Metropolitan Council Environ Svs Wastewater services for September and October $284,101.14 Multiple Concepts Interiors New police building costs $25,638.55 Peterson Companies, Inc.New police building & centrol core stormwater $202,221.73 RTL Construction, Inc.New police building costs $52,876.41 Short Elliot Hendrickson, Inc.2022 utility reconstruction engineering $34,591.31 MN PERA Employee & city required contributions for 9/16/22 pay date $75,776.56 Create Construction LLC 2022 concrete repair project AFP #1 $45,714.00 $2,261,600.80 Description 6.1 October 3, 2022 6.2 Maintain core service levels with minimal impact to residents and taxpayers while meeting Council’s four priorities Provide sound financial planning for a two-year budget that ensures continued core services Continue to fund future capital needs including Parks & Street Improvements Monitor economic challenges Provide competitive wages and benefits to retain quality people to provide effective and efficient services to our residents and businesses 6.2 Thriving Business Climate Beautification and branding (seasonal planters, banners, litter clean-up along major corridors) Outreach to prospective businesses and promotion of new business openings Strong Neighborhoods Implementation of Parks Master Plan Home improvement grants and loans Code enforcement Public safety Sound Financial Policies Biennial budget Long term plan Utility Study Welcoming/Inclusive Community Inclusive play areas Joint Community Police Partnerships Continued partnership with embedded domestic advocacy group Community events Partnership with Hennepin County –mental health programming 6.2 2021 2022 2023 2024 % Increase % Increase Adopted Adopted Proposed Proposed for 2023 for 2024 REVENUES Property taxes - operations 12,052,301$ 12,586,094$ 13,697,548$ 15,271,008$ 9%11% Special assessments and other 30,806 52,000 71,950 51,950 38% -28% Licenses and permits 874,704 850,960 932,660 903,860 10%-3% Intergovernmental revenues 1,797,751 1,777,489 1,655,044 1,559,486 -7%-6% Charges for services 663,909 863,853 778,475 796,195 -10%2% Fines & forfeits 158,325 275,000 186,500 186,500 -32%0% Investment income (50,292) 125,000 100,000 100,000 -20%0% Miscellaneous 88,307 68,000 44,500 44,500 -35%0% Other - interfund services transfers in 479,502 505,185 671,295 704,173 33%5% TOTAL REVENUES 16,095,313$ 17,103,581$ 18,137,972$ 19,617,672$ 6%8% EXPENDITURES General Government 2,237,903$ 2,353,195$ 2,573,075$ 2,838,141$ 9%10% Public safety 8,478,735 8,515,723 9,167,039 9,960,741 8%9% Community Development 677,719 742,832 823,802 862,680 11%5% Public works 3,142,032 3,239,980 3,349,557 3,558,026 3%6% Recreation 2,131,805 2,251,851 2,224,499 2,398,084 -1%8% TOTAL EXPENDITURES 16,668,193$ 17,103,581$ 18,137,972$ 19,617,672$ 6%8% 6.2 REVENUES Property taxes 1,111,454$ Special assessments & other 19,950$ Licenses & Permits 81,700$ Intergovernmental revenues (122,445)$ Charges for services (85,378)$ Fines & forfeits (88,500)$ Investment income (25,000)$ Miscellaneous (23,500)$ Other 166,110$ Total 1,034,391$ EXPENDITURES General Government 219,880$ Public safety 651,316$ Community Development 80,970$ Public works 109,577$ Recreation (27,352)$ Total 1,034,391$ 6.2 Revenue 2020 Actual 2021 Actual 2022 Adopted 2023 Proposed % Increase 2023 Property Taxes - Adopted Levy 282,744$ 300,000$ 310,000$ 316,200$ 2% Prior Years' Delinquent Taxes 1,191 1,471 - - Special Assessments*20,107 20,003 - 32,834 Interest Income 79,686 (10,026) 8,000 8,000 0% Miscellaneous Revenue - 273 - - Total Revenue 383,728$ 311,720$ 318,000$ 357,034$ 12% Expenditures 2020 Actual 2021 Actual 2022 Adopted 2023 Proposed % Increase 2023 Personnel Services 312,634$ 330,071$ 307,754$ 271,358$ -12% Professional, Audit & Legal Services 17,163 8,160 20,000 26,000 30% Contractual Services**5,136 77,980 10,000 5,000 -50% Internal Service Fund Charges - 4,568 5,186 5,215 1% Home Improvement Grant Program 40,511 91,470 24,150 25,300 5% Branding and Beautification 10,550 12,228 12,300 20,050 63% Miscellaneous Operating Expenses 3,127 2,437 5,000 5,000 0% Total Expenditures 389,119$ 526,914$ 384,390$ 357,923$ -7% Net Revenue Over (Under) Expenditures (5,392)$ (215,194)$ (66,390)$ (889)$ Cash Fund Balance at Year End Actual*** / Forecast based on budget 2,438,443$ 2,310,250$ 2,243,860$ 2,242,971$ ***Proceeds from property sales go into the fund balance but do not show up as revenue. This means the year-to-year change in the cash fund balance may not match that year's net revenue over (under) expenditures. *Special assessments are the method of repayment for EDA financing of installation of fire protection systems. 2023 special assessment revenue is comprised of $20,000 from 6105 42nd Ave N and $12,834 from 5600 56th Ave N. **2021 contractual services expenditures included $64,170 for installation of a fire protection system at 5600 56th Ave N. 6.2 2022 Adopted 2022 Increase (Decrease) 2022 % Change 2023 Proposed 2023 Increase (Decrease) 2023 % C hange 2024 Proposed 2024 Increase (Decrease) 2024 % Change General levy 12,508,518$ 424,029$ 3.51 %13,540,205$ 1,031,687$ 8.25 %15,222,508$ 1,682,303$ 12.42 % Capital Improvements Police Equipment Revolving 158,037 - 0.00 161,197 3,160 2.00 164,421 3,224 2.00 Park Improvement 606,999 126,488 26.32 741,057 134,058 22.09 882,753 141,696 19.12 Street Construction 245,926 131,376 114.69 384,221 138,295 56.23 529,047 144,826 37.69 Total Capital Improvements levy 1,010,962 257,864 34.24 1,286,475 275,513 27.25 1,576,221 289,746 22.52 EDA 310,000 10,000 3.33 316,200 6,200 2.00 322,524 6,324 2.00 Total levy 13,829,480$ 691,893$ 5.27 %15,142,880$ 1,313,400$ 9.50 %17,121,253$ 1,978,373$ 13.06 % 6.2 •Increase for capital funding of $275K •Local Government Aid loss of $425K ($175K General Fund impact) •American Rescue Plan Act dollars of $2.2M allocated to capital -Police Department construction •West Metro –increase request of $115,000 •Worker compensation and insurance premiums increases •Health insurance –estimated at 13% increase (City and Employees will share in the increase which will be determined during contract negotiations) •Cost of Living (COLA) wage adjustments •Fuel increases –Diesel 50%, Regular 27% •Union contracts not settled 6.2 Anticipated Cost increases for: •Utilities staffing increase –one person for meter maintenance and replacements (Paid for by Utility Funds) •Police staffing increase –Crime Analyst position •Three Elections •Planned capital levy increases •Health insurance increases anticipated •Worker compensation and insurance premium increases Additional potential impacts: •Potential return of LGA •Settled labor agreements •Anticipated increase in investment rates •Property value impacts •Potential increase in permits 6.2 2022 2023 Percent of Change Levy - not including HRA $13,519,480 $14,826,680 9.67% Levy - including HRA $13,829,480 $15,142,880 9.50% Net Tax Capacity $23,635,755 $27,118,123 14.73% Tax Rate 46.32%46.38%0.13% Valuation Percentile Home Value (2022 TMV for Pay 2023) Estimated Annual Increase Percentage of Increase 10th $216,730 $101 12.05% 30th $246,160 $115 11.76% 50th $267,960 $125 11.59% 70th $293,030 $137 11.43% 90th $347,530 $162 11.17% Proposed Tax Impact for 2023 6.2 October 3 Public input presentation December 6 Council to consider final budget and levies 6.2 State provides direct property tax relief to taxpayers Homestead credit refund Renter’s refund Special property tax refund (referred to as the targeting program) Senior Citizen Property Tax Deferral Program. Contact MN Dept of Revenue 651-296-4444 or www.revenue.state.mn.us 6.2 6.2 CITY COUNCIL STAFF REPORT Regular Agenda: Oct. 3, 2022 City Council Meeting Consideration of civil penalties for Cousins, LLC d/b/a Adair Liquor for violation of liquor license regulations DATE: Sept. 26, 2022 FROM: City Clerk Chrissy Serres TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of civil penalties for violation of liquor license regulations by Cousins, LLC d/b/a Adair Liquor at 6001 42nd Ave. N. Background On Dec. 8, 2021 alcohol compliance checks were conducted at licensed liquor establishments by Crystal Police Department. As a result, Adair Liquor did not pass this compliance check. An employee of the business has pleaded guilty in court to the sale of alcohol to a minor, which is a violation of state law and Crystal City Code § 1200.35. The attached notice was mailed to the liquor licensee on Sept. 21, 2022. This is considered a second violation for this licensee. Requested City Council action Consistent with City Code and Resolution No. 2018-160, staff recommends Adair Liquor receive a three-day license suspension and civil fine of $1,500 with the city clerk determining the dates of the license suspension and payment date of the fine. 6.3 6.3 562973v4CR225-464 2019 Crystal City Code 1200.31(a) (a) The licensed premises of the business are destroyed by fire or other catastrophe; (b) The licensee ceases business because of death or serious illness; or (c) The business ceases to be lawful for a reason other than a license revocation. The city council shall, in its sole discretion, determine whether such a refund is appropriate, and if so, in what amount. 1200.33. Consumption and display permits. Subd. 1. Permit required. No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the commissioner. Rental of a public facility does not make the city or the facility a “business establishment” for purposes of this section. The city council must consent to all permits issued by the commissioner pursuant to Minnesota Statutes, section 340A.414, subdivision 5. Subd. 2. Additional fees. There is imposed upon holders of permits issued pursuant to Minnesota Statutes, section 340A.414 an additional fee of $300 per annum. The fee must be paid to the city finance director on or before March 31 of each year and a receipt given thereof, provided, however, upon commencement of a new permit period under the state permit, if a portion of the year has elapsed when payment is made, a pro rata fee may be paid but no such pro rata fee may be less than $150. In computing the fee, an unexpired fraction of a month is counted as one month. The receipt must be posted in some conspicuous place upon the premises alongside the state permit. Subd. 3. Inspections. A business establishment or club issued a permit shall be open for inspection pursuant to Minnesota Statutes, section 340A.414, subdivision 7. Subd. 4. Hours of consumption and display. The hours of consumption and display of intoxicating liquor are those specified in section and Minnesota Statutes, section 340A.414. 1200.35. Conditions of license; penalties. Subd. 1. Conditions of license. The failure of a licensee to meet any one of the conditions of the license specified below shall result in the application of penalties as provided in this subsection. (a) Within 90 days after employment, every person selling or serving liquor in an establishment which has an on-sale license shall receive training regarding the selling or serving of liquor to customers. The training shall be provided by an organization approved by the city council. Proof of training shall be provided by the licensee. 6.3 562973v4CR225-464 2019 Crystal City Code 1200.35, Subd. 1(b) (b) Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this Crystal city code and the law equally with the employee. (c) Every licensee shall allow any peace officer, health officer, city employee, or any other person designated by the city council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant. (d) No on-sale establishment shall display or sell liquor to the public during hours when the sale of liquor is prohibited. (e) Compliance with financial responsibility requirements of state law and of this Crystal city code is a continuing condition of any license. (f) Compliance with all laws, rules, and regulations related to the retail sale of intoxicating liquors, including the provisions of Minnesota Statutes, chapters 297F and 340A, Minnesota Rules, chapter 7515, and the Crystal city code. Subd. 2. Penalties. (a) Misdemeanors. A person who violates this section is guilty of a misdemeanor unless otherwise provided by law. (b) Presumptive revocation. The city council may revoke a license, following, notice and an opportunity to be heard, on the first violation for the following types of offenses: (1) Commission of a felony by licensee or an employee of licensee related to the licensed activity authorized by this chapter and Minnesota Statutes, chapter 340A. (2) The sale of alcoholic beverages on the licensed premises while a license is under suspension or revocation. (c) Administrative civil penalties. If a licensee or an employee of a licensee is found to have violated any of the provisions of state law or this section, the city council may impose an administrative penalty, including a civil fine and/or suspension of the license, in such amounts and for such periods as set out Crystal city code, appendix IV. 6.3 2019 Crystal City Code 1200.35, Subd. 3 Subd. 3. Presumptions regarding administrative penalties. The administrative penalties described in subdivision 2 of this subsection and set out in Crystal city code, appendix IV are the presumed sanctions for the violations indicated. In the event of any license suspension imposed under this section, the city council may select which days a suspension will be served. Notwithstanding any of the provisions contained herein, a license may be revoked for any violation of this section when in the judgment of the city council it is appropriate to do so. The city council may impose lesser penalties under subdivision 2 of this subsection when in the judgment of the city council it is appropriate to do so. Other mandatory requirements may be made of the establishment including, but not limited to, meetings with the police department staff to present a plan of action to assure any observed problems will not continue, mandatory education sessions with crime prevention staff, or other actions that the city council deems appropriate. 562973v4CR225-464 6.3 6.3 6.3 Memorandum DATE: October 3, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Authorizing the contract for 32nd and Douglas Dr. Enhanced Pedestrian Warning Signage Summary Since early 2016 the City has been advocating for the installation of a rectangular rapid flashing beacon at the intersection of 32nd and Douglas. This initial request corresponded with the construction of the Three Rivers Bassett Creek Regional Trail through the City, including a crossing at this intersection. At the time the County did not feel that such a system was warranted for this crossing. The City has continued to stay in touch with the County (and Three Rivers Park District) about upgrading the signage and this year the County agreed to the installation of the enhanced pedestrian warning system. Quotes Quotes were requested from four vendors. Two vendors provided quotes, which was actually better than anticipated considering the time of the year and the hope to get the work done yet this fall. • Laketown Electric Corporation $38,000 • Granite Ledge Electrical Contractors Inc. $39,920 Funding The City, Three Rivers Park District, and Hennepin County have agreed to share the cost three ways equally. Long term, the system will be owned and operated by Hennepin County. The City will pay the electrical costs (just like with traffic signals). The formal agreement will be coming before the Council at a future date. Other considerations It is important to note that use of systems like this should be reserved for locations with year-round, regular pedestrian use (such as this location). Attachment •Laketown Electric Corporation quote Recommended Action Motion authorizing the contract for the 32nd and Douglas Enhanced Pedestrian Warning Signage Figure 1: Vendor stock photo of RRFB system 6.4 Page 1 of 2 Date: 09/16/2022 To:Mark Ray Project: City of Crystal Address: The following Proposal outlines the scope to furnish and install labor and materials per the following: plan provided by city Electrical Service New 100 amp pad mount Lighting (2) Pedestrian cross walks Power o In code size conduit rigid steel conduit Low Voltage None Mechanical None Fire Alarm None Total Proposed Amount: $ 38,000.00 Exclusions 1.Utility Fees/Usage Charges 2.Overtime Labor or Weekend Work 3. Fire alarm 4.Low Voltage Devices/Cabling (Phone/Data, A/V, Security/Access Control/CCTV) 5.HVAC Control Wiring 6.Additional Mechanical Equipment 7.Wiring of any plumbing fixtures 8.Unless noted otherwise in this proposal. 9.Staking 10.Restoration 11.Trip charges 12.Private utility locates 6.4 Page 2 of 2 Thanks, Dan Palmer Dan Palmer Laketown Electric Corporation Twin Cities & Mankato, MN (p) 952.442.2740 / (c) 763-416-4348 (f) 952.442.2791 / www.laketownelectric.com 6.4 RESOLUTION NO. 2022- ___ AUTHORIZING THE CONTRACT FOR 32ND AVE AND DOUGLAS DR ENHANCED PEDESTRIAN WARNING SIGNAGE 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, the City has advocated for the installation of enhanced pedestrian warning signage at this location since 2016; and WHEREAS, this summer County authorized the installation of the enhanced pedestrian warning signage; and WHEREAS, the City, County, and Three Rivers Park District have agreed to share the cost equally. The County will own and operate the system. The City will be responsible for electrical costs; and WHEREAS, contractors were invited to submit quotes and quotes were opened on September 16, 2022; and WHEREAS, Laketown Electric Corporation provided the lowest qualified quote for the project. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for the 32nd Ave and Douglas Dr Enhanced Pedestrian Warning Signage to Laketown Electric Corporation in the amount of $38,000. BE IT FURTHER RESOLVED that the City Manager was authorized to sign said agreement on September 19, 2022 in order to continue to move this project forward as quickly as feasible. Adopted by the Crystal City Council this 3rd day of October, 2022. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.4 ___________________________________________________________________________________ FROM: TO: DATE: John Sutter, Community Development Director Anne Norris, City Manager (for October 3 meeting) September 29, 2022 SUBJECT: Consider a resolution discharging discriminatory restrictive covenants on city-owned land ___________________________________________________________________________________ During the first half of the 20th century, some developers and property owners imposed discriminatory restrictive covenants when selling real estate. While discriminatory restrictive covenants have not been enforceable since a 1948 U.S. Supreme Court decision, and such discrimination was outlawed in Minnesota in 1962 and nationwide in 1968, these covenants helped create persistent segregation and disparities. The Just Deeds project was initiated by Golden Valley to bring attention to the effects of these covenants and offer a way for property owners to renounce them. Along with other cities, Crystal has been participating in Just Deeds since March 1, 2021. In addition to helping Crystal property owners identify and discharge discriminatory restrictive covenants on their property, the city has identified two city-owned properties with covenants: •4121 Brunswick Ave. N. (water reservoir) - covenants imposed in 1920 and 1925 •6527 36th Ave. N. (vacant lot) - covenants imposed in 1936 The City Attorney has prepared a document for each property that would discharge its discriminatory restrictive covenant. Attachments: A.Mapping Prejudice maps of Hennepin County and Crystal area covenants B.March 14, 2022 memo - Crystal Just Deeds 2021 activity summary C.Map - Location of city-owned properties with discriminatory restrictive covenants D.Discharge documents (2) for 4121 Brunswick Ave. N. E.Discharge document for 6527 36th Ave. N. F.Proposed resolution authorizing execution of the discharge documents City Council adoption of the attached resolution is requested. COUNCIL STAFF REPORT Discharging Discriminatory Restrictive Covenants on City Land 6.5 ATTACHMENT A 6.5 Memorandum Date: March 14, 2022 To: Anne Norris, City Manager From: John Sutter, Community Development Director Subject: Just Deeds - 2021 Summary During the first half of the 20th century some property owners imposed discriminatory restrictive covenants when selling real estate. The Just Deeds project was initiated by Golden Valley to bring attention to the effects of these covenants and offer a way for property owners to renounce them. Crystal has been participating in Just Deeds since March 1, 2021. For more information please view the city’s Just Deeds web page at https://www.crystalmn.gov/resident/community_development/just_deeds_coalition. In addition to Golden Valley and Crystal, the following cities are participating in the project: Bloomington, Edina, Hopkins, Minneapolis, Minnetonka, New Hope, Richfield, Robbinsdale, Rochester, St. Anthony, St. Louis Park and Wayzata. From March 1 - December 31, 2021 Crystal received 36 requests. I have attached a map showing the locations of these requests. Here are the outcomes/status of those requests: •5 covenants were renounced by the property owner (Abstract properties) or removed by the Examiner of Titles (Torrens properties) with assistance from our two pro bono attorneys, Corinne Heine and Kristi Anderson. •6 properties had covenants in the past but our pro bono attorneys verified that they had previously been removed by the Examiner of Titles (Torrens properties). •17 properties were confirmed by Guaranty Title to have never had a covenant. •8 requests are awaiting covenant determination by Dorsey & Whitney, who took over that work for Guaranty Title. Both firms have been doing this work as no cost. Please let me know if you have questions or would like additional information. Thank you. ATTACHMENT B 6.5 2021 Just Deeds Requests Received City of Crystal 6.5 City-Owned Properties with Discriminatory Restrictive Covenants ATTACHMENT C 6.5 DOCSOPEN\CR205\30\707009.v7-8/15/22 (Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019) Minn. Stat. 507.18 _____________________________________________________________________________________________ Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from the land described herein. State of Minnesota, County of Hennepin The City of Crystal, a Minnesota municipal corporation, having an ownership or other interest in all or part of the real property described herein, solemnly swears that the contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to those matters it believes them to be true. Name and Address of Owner: The City of Crystal 4141 Douglas Drive North Crystal, MN 55422 The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows: That part of the South 16 feet of Lots 19 and 20, in GLENWOOD MANOR, lying between the southeasterly extensions of Lot 2, Block 1, Rockford Road Addition, according to the plat thereof on file or of record in the Office of the County Recorder for Hennepin County, Minnesota, subject to easements of record. Abstract Property Owner, the City of Crystal, swears and affirms that the information provided in this form is true and correct based on the information available and based on reasonable information and belief. ATTACHMENT D 6.5 DOCSOPEN\CR205\30\707009.v7-8/15/22 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1 (1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to the property described in this form; (2)the restrictive covenant is contained in an instrument dated May 17, 1920, and recorded as Document No. 1533168 on April 1, 1929, in the Office of the County Recorder of Hennepin County, Minnesota, which is attached herein as Exhibit A; (3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution; (4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described herein through the use of this statutory form to permanently discharge such covenants from the land described herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting protected classes; (5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be construed as if no such restrictive covenant was contained therein; and (6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions under Minnesota Statutes, section 500.20. The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the discharge of the illegal and unenforceable restrictive covenants affecting protected classes. _________________________________________________ Affiant (Owner’s signature) _________________________________________________ Affiant (Owner’s signature) Signed and sworn to before me on _______________, 2022, by _________________________________________, and __________________________________________ , the __________________________________ and _________________________________, respectively, of the City of Crystal, a Minnesota municipal corporation . ____________________________________________________________ (signature of notarial officer) Title (and Rank): ___________________________________ My commission expires: _____________________________ Notarial Seal THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 6.5 DOCSOPEN\CR205\30\707009.v7-8/15/22 EXHIBIT A 6.5 DOCSOPEN\CR205\30\707008.v7-8/10/22 (Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019) Minn. Stat. 507.18 _____________________________________________________________________________________________ Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from the land described herein. State of Minnesota, County of Hennepin The City of Crystal, a Minnesota municipal corporation, having an ownership or other interest in all or part of the real property described herein, solemnly swears that the contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to those matters it believes them to be true. Name and Address of Owner: The City of Crystal 4141 Douglas Drive North Crystal, MN 55422 The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows: Lots 7 to 14, inclusive, lying West of the East 300 feet thereof, except streets, in GLENWOOD MANOR, according to the plat thereof on file or of record in the Office of the Recorder for Hennepin County, Minnesota, subject to easements of record. Abstract Property Owner, the City of Crystal, swears and affirms that the information provided in this form is true and correct based on the information available and based on reasonable information and belief. 6.5 DOCSOPEN\CR205\30\707008.v7-8/10/22 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1 (1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to the property described in this form; (2)the restrictive covenant is contained in an instrument dated June 17, 1925, and recorded as Document No. 1287076 on June 23, 1925, in the Office of the County Recorder__________ of Hennepin County, Minnesota, which is attached herein as Exhibit A; (3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution; (4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described herein through the use of this statutory form to permanently discharge such covenants from the land described herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting protected classes; (5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be construed as if no such restrictive covenant was contained therein; and (6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions under Minnesota Statutes, section 500.20. The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the discharge of the illegal and unenforceable restrictive covenants affecting protected classes. _________________________________________________ Affiant (Owner’s signature) _________________________________________________ Affiant (Owner’s signature) Signed and sworn to before me on _______________, 2022, by _________________________________, and __________________________________ , the _____________________________________ and _________________________, respectively, of the City of Crystal, a Minnesota municipal corporation. ____________________________________________________________ (signature of notarial officer) Title (and Rank): ___________________________________ My commission expires: _____________________________ Notarial Seal THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 6.5 DOCSOPEN\CR205\30\707008.v7-8/10/22 EXHIBIT A 6.5 DOCSOPEN\CR205\30\707008.v7-8/10/22 6.5 DOCSOPEN\CR205\30\707010.v7-8/10/22 (Top 3 inches reserved for recording data) _____________________________________________________________________________________________ DISCHARGE OF RESTRICTIVE COVENANT AFFECTING Minnesota Uniform Conveyancing Blanks PROTECTED CLASSES Form 40.10.1 (2019) Minn. Stat. 507.18 _____________________________________________________________________________________________ Pursuant to Minnesota Statutes, Section 507.18, any restrictive covenant affecting a protected class, including covenants which were placed on the real property with the intent of restricting the use, occupancy, ownership, or financing because of a person’s race, color, creed, national origin, or religious beliefs, is discharged and released from the land described herein. State of Minnesota, County of Hennepin The City of Crystal, a Minnesota municipal corporation, having an ownership or other interest in all or part of the real property described herein, solemnly swears that the contents of this form are true to the best of its knowledge, except as to those matters stated on information and belief, and that as to those matters it believes them to be true. Name and Address of Owner: The City of Crystal 4141 Douglas Drive North Crystal, MN 55422 The real property owned by Owner is located in Hennepin County, Minnesota, and is legally described as follows: Lot 3, Block 2, “GARDENDALE ACRES HENNEPIN COUNTY, MINNESOTA”, according to the plat thereof on file or of record in the Office of the Registrar of Titles for Hennepin County, Minnesota, subject to easements of record. Torrens Certificate No. 373951 Owner, the City of Crystal, swears and affirms that the information provided in this form is true and correct based on the information available and based on reasonable information and belief. ATTACHMENT E 6.5 DOCSOPEN\CR205\30\707010.v7-8/10/22 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 40.10.1 (1)A restrictive covenant which had the intent to restrict the use, occupancy, ownership, or financing of this property based on a protected class, including race, color, creed, national origin, or religion, existed at one time related to the property described in this form; (2)the restrictive covenant is contained in an instrument dated December 3, 1936, and recorded as Document No. 133067 (or in Book ________ of _________, Page ________) on May 29, 1937, in the Office of the County Registrar of Hennepin County, Minnesota, which is attached herein as Exhibit A; (3)restrictive covenants relating to or affecting protected classes are unenforceable and void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States Constitution, and the Minnesota Constitution; (4)Minnesota Statutes, section 507.18, provides for the discharge of a restrictive covenant of the nature described herein through the use of this statutory form to permanently discharge such covenants from the land described herein and release the current and future landowner(s) from any such restrictive covenant related to or affecting protected classes; (5)the instrument containing such restrictive covenants shall have full force in all other respects and shall be construed as if no such restrictive covenant was contained therein; and (6)the filing of this form does not alter or change the duration or expiration of covenants, conditions, or restrictions under Minnesota Statutes, section 500.20. The affiant knows the matters herein stated are true and makes this affidavit for the purpose of documenting the discharge of the illegal and unenforceable restrictive covenants affecting protected classes. _________________________________________________ Affiant (Owner’s signature) _________________________________________________ Affiant (Owner’s signature) Signed and sworn to before me on _______________, 2022, by ______________________________, and ___________________________________, the __________________________________ and ____________________________, respectively, of the City of Crystal, a Minnesota municipal corporation . ____________________________________________________________ (signature of notarial officer) Title (and Rank): ___________________________________ My commission expires: _____________________________ Notarial Seal THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 6.5 DOCSOPEN\CR205\30\707010.v7-8/10/22 EXHIBIT A 6.5 DOCSOPEN\CR205\30\707010.v7-8/10/22 6.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022-__ RESOLUTION DISCHARGING DISCRIMINATORY RESTRICTIVE COVENANTS WHEREAS, the City of Crystal (“City”) is the owner of real properties located at 4121 Brunswick Avenue North and 6527 36th Avenue North (collectively, the “Properties”); and WHEREAS, a key City priority is to build an inclusive community so that all feel welcome; and WHEREAS, the City has determined that, in the years 1920 and 1925, and 1936, respectively, discriminatory restrictive covenants were imposed on the Properties prior to them becoming owned by the City, and the covenants remain on the property titles to this day even though they have no current effect; and WHEREAS, a 2019 state law established a process for property owners to formally discharge discriminatory restrictive covenants; and WHEREAS, the City Council finds that discharging discriminatory restrictive covenants from property owned by the City is one step in building an inclusive community so that all feel welcome. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the Mayor and City Manager are authorized to execute and record the Discharge of Restrictive Covenant for the city-owned properties at 4121 Brunswick Avenue North and 6527 36th Avenue North. Adopted this 3rd day of October 2022. ______________________________ Jim Adams Mayor ATTEST: _______________________________ Chrissy Serres City Clerk ATTACHMENT F 6.5