2023.01.17 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Jan. 13, 2023
City Council Meeting Schedule
Tuesday, Jan. 17, 2023
Time Meeting Location
7 p.m. City Council meeting Council Chambers/
Zoom
The public may attend the meeting via Zoom by connecting to it through one of the methods identified
below:
Topic: Crystal City Council meeting.
Time: Jan. 17, 2023 at 7 p.m. Central Time (US and Canada)
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Page 1 of 3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Jan. 13, 2023
City Council Meeting Agenda
Tuesday, Jan. 17, 2023
7 p.m.
Council Chambers/Zoom Meeting
The interim 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. Appearances
3.1 Police Chief Revering will introduce the most recent promotional opportunities for
Lieutenant Justin Tourville and Sergeants Albers, Nolan and Saba.*
3.2 Recognition of Lynn Haney as the 2022 recipient of the Minnesota Recreation and Park
Association Board and Commission Award.
4. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature,
in a single motion:
4.1 Approval of the minutes from the following meeting:
a. The City Council regular meeting on Jan. 3, 2023.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a
list that is on file in the office of the city clerk.
4.3 Adoption of a resolution accepting a donation.
4.4 Adoption of a resolution approving the Inflow and Infiltration Grant Agreement with
Metropolitan Council Environmental Services.
4.5 Adoption of a resolution approving the 2023 City Council Rules.
4.6 Approval of the following annual city staff appointments for 2023:*
a. Hennepin County Recycling Group (HRG): City Manager Adam R. Bell.
b. Local Government Information Systems (LOGIS) Board Member: City Manager Adam R.
Bell; and alternate: Assistant City Manager Kim Therres.
c. Northwest Suburbs Cable Communications Commission and CCX Media Board: City
Manager Adam R. Bell.
4.7 Adoption of a resolution appointing City Manager Adam R. Bell as Crystal’s representative on
the Joint Water Commission to a term to expire Jan. 31, 2024.
Page 2 of 3
5. Open Forum
The City Council appreciates hearing from citizens about items of concern and desires to set aside
time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is
limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as
presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any
item brought before the Council during Open Forum. The Council may place items discussed during
Open Forum onto subsequent council meeting agendas.
6. Regular Agenda
6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Recommend approval of disbursements over $25,000.
6.2 The Council will consider a resolution for approval of variances from lot depth and rear
setback requirements at 5020 Welcome Ave. N.
The existing building meets all of the requirements for a two-family dwelling in the R-1
district except for lot depth. It also does not meet the 30-foot minimum rear setback. Both
conditions are the result of the building being part of a former farmstead that was
developed into a residential subdivision in the 1950s. The property owner is requesting
variances to reduce the minimum lot depth and rear setback to match the existing
conditions and allow the building to be used as a two-family dwelling. At its Jan. 9 meeting,
the Planning Commission unanimously recommended approval of the variances.
6.3 The Council will consider resolutions approving plans and specifications and authorizing ad
for bid for the 2023 Utility Reconstruction Project.
Areas have been identified for reconstruction in 2023. The work will consist of removal
and replacement of the existing water main and sanitary sewer main, as well as new fire
hydrants and water service laterals from the mains to the city-owned curb stop. The work
will also include some storm sewer modifications and replacement. There are funds in the
capital fund for this work. Recommend approval.
6.4 The Council will consider resolutions approving plans and specifications and authorizing ad
for bid for the 2023 Street Mill and Overlay Project.
An area has been identified for mill and overly. There are funds in the street maintenance
fund for this project. Recommend approval.
6.5 The Council will consider a resolution authorizing the contract for professional services for
undergrounding utilities along 42nd Avenue.
Due to a potential Joint Water Commission project of replacing the water main under 42nd
Avenue, the city may consider undergrounding the utility poles along the south side of 42nd
Avenue from Adair Avenue to Georgia Avenue. This project is identified in the long-term
plan.
Page 3 of 3
6.6 The Council will consider a resolution appointing Council Member Nancy LaRoche as Crystal’s
representative on the West Metro Fire-Rescue District Board of Directors (continued from
the Jan. 3, 2023 meeting).
Council Member LaRoche was appointed to the West Metro Fire-Rescue District Board in
January 2022 and her term ended on Dec. 31, 2022. It is the Mayor’s recommendation that
she be reappointed to another term.
7. Announcements
a. The next City Council meeting is Tuesday, Feb. 7 at 7 p.m. in the Council Chambers at City Hall
and via Zoom.
b. 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
*Denotes no supporting information included in the packet.
Have a great weekend; reminder that city offices are closed on Monday, Jan. 16 in observance of
the Dr. Martin Luther King, Jr. Day holiday. See you at Tuesday’s meeting.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: January 12, 2023
TO: Mayor and City Council
Kim Therres, Interim City Manager
FROM: John Elholm, Recreation Director
SUBJECT: MRPA Award for Lynn Haney
The Minnesota Recreation and Park Association (MRPA) annually recognizes the best park and
recreation professionals in Minnesota. In addition, MRPA presents a “Park and Recreation
Board/Commission Award” to one member of a citizen’s advisory or policy-making board in the
parks and recreation field. The MRPA Park and Recreation Board/Commission Award will be
presented to Lynn Haney of Crystal this year.
Lynn Haney is a remarkable member of our community. She has been an active member of the
Crystal Park and Recreation Commission for more than 25 years; including five as chair, five as
vice chair and three as secretary. Some select/notable projects she has worked on over this
time include:
•Bassett Creek Park Extension Task Force – successfully annexed.
•Crystal Dog Park Committee Chair and Liaison - two different committees over time,
which found an appropriate location for the first dog park and raised money to build it.
•Crystal Pool Study and Design Committee Co-Chair - studied the feasibility of repairing
and upgrading the original facility. Most of the pool was upgraded in 2005.
•Crystal Pool Referendum Committee – included group presentations, walking the
neighborhoods and discussing the pool referendum with residents. Referendum passed.
•Skate Park Task Force – the skate park was completed in 2006.
•Hagemeister Pond Natural Area Annexation & Design – completed.
•Becker Park Redevelopment – completed in 2020. The park includes an inclusive
playground, spray pad, amphitheater, gender neutral restrooms and more.
•Disc Golf Course Committee – increased disc golf holes from nine to 15.
•Recent projects include providing input on a new dog park (new location with separate
large and small dog areas) and an improved disc golf course (increase to 18 holes).
In addition to her work with the Park and Recreation Commission, she is also well known for her
leadership related to the Crystal Frolics event (25 years) and participation at the Winterfest
event (23 years). Lynn’s award will be presented at an awards ceremony in Owatonna on Jan.
13, 2023. She will also be recognized at the Crystal City Council Meeting on Jan. 17, 2023.
3.2
Crystal City Council meeting minutes Jan. 3, 2023
Page 1 of 5
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
Jan. 3, 2023 at 7:01 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 city clerk to call the roll for elected officials. Upon roll call, the following
attendance was recorded:
Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and LaRoche.
City staff present: Interim City Manager K. Therres, City Attorney T. Gilchrist, Recreation Director J.
Elholm, West Metro Fire-Rescue District Chief S. Larson, Deputy Police Chief B. Hubbard,
Community Development Director J. Sutter, Communications Coordinator M. Peterson and City
Clerk C. Serres.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2.Oath of Office
The city clerk administered the oath of office to the following newly-elected council members:
Ward 1 Council Member Therese Kiser; Ward 2 Council Member Traci Kamish; and Section II
Council Member Forest Eidbo.
3.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member LaRoche and seconded by Council Member Cummings to approve the
agenda.
Motion carried.
4.Proclamation
4.1 Mayor Adams proclaimed Jan. 16, 2023 as Dr. Martin Luther King Jr. Day in the City of Crystal.
5.Appearances
5.1 Crystal Communications Coordinator Mike Peterson provided a presentation to the Council
about the 2022 Crystal Sparkles Holiday Lighting contest. First-place winners Alex and Kelly
Humble and second-place winner James Kelahah were not present at the meeting.
6.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
6.1 Approval of the minutes from the following meetings:
a. The City Council regular work session on Dec. 20, 2022.
b. The City Council regular meeting on Dec. 20, 2022.
6.2 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.
4.1
Crystal City Council meeting minutes Jan. 3, 2023
Page 2 of 5
6.3 Approval of designating the Sun Post as the primary legal newspaper and the Star Tribune as
the secondary legal newspaper for the City of Crystal in 2023.
6.4 Adoption of Res. No. 2023-01, designating depositories of the City of Crystal for 2023.
6.5 Approval of the following annual city staff appointments for 2023:
a. Pets Under Police Security (PUPS) Board Member: Deputy Police Chief Brian Hubbard; and
alternate: Police Chief Stephanie Revering.
Moved by Council Member Kiser and seconded by Council Member Kamish to approve the consent
agenda.
Motion carried.
7. Open Forum
No public comment was given during open forum.
8. Regular Agenda
8.1 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 LaRoche and seconded by Council Member Budziszewski to
approve the list of disbursements over $25,000.
Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and LaRoche.
Motion carried.
8.2 The Council considered the following appointments for Mayor Pro Tem and Council
commission liaisons and representatives for 2023.
Mayor Pro Tem: Council Member Budziszewski.
Environmental Quality Commission Council Liaison: Council Member Eidbo.
Inclusion and Diversity Commission Council Liaison: Mayor Adams.
Parks and Recreation Commission Council Liaison: Council Member Budziszewski.
Planning Commission Council Liaison: Council Member Cummings.
Quad Communities Beyond the Yellow Ribbon Council Representative: Council Member
Kamish.
Northwest Suburbs Cable Communications Commission Council Representative: Council
Member Kamish.
Blue Line Extension Corridor Management Committee Council Representative: Mayor
Adams; and alternate: Council Member Kiser.
Bottineau Community Works Steering Committee Council Representative: Council Member
Kiser; and alternate: Mayor Adams.
Moved by Council Member LaRoche and seconded by Council Member Kamish to approve the
above appointments for Mayor Pro Tem and Council commission liaisons and representatives
for 2023.
By roll call voting aye: Adams, Kamish and LaRoche.
Voting nay: Budziszewski, Cummings, Eidbo and Kiser.
Motion failed.
4.1
Crystal City Council meeting minutes Jan. 3, 2023
Page 3 of 5
Moved by Mayor Adams and seconded by Council Member LaRoche to approve the following
appointments for Mayor Pro Tem and Council commission liaisons and representatives for
2023.
Mayor Pro Tem: Council Member Eidbo.
Environmental Quality Commission Council Liaison: Council Member Budziszewski.
Inclusion and Diversity Commission Council Liaison: Mayor Adams.
Parks and Recreation Commission Council Liaison: Council Member Cummings.
Planning Commission Council Liaison: Council Member Kamish.
Quad Communities Beyond the Yellow Ribbon Council Representative: Council Member
Eidbo.
Northwest Suburbs Cable Communications Commission Council Representative: Council
Member Kamish.
Blue Line Extension Corridor Management Committee Council Representative: Mayor
Adams; and alternate: Council Member Kiser.
Bottineau Community Works Steering Committee Council Representative: Council Member
Kiser; and alternate: Mayor Adams.
By roll call voting aye: Kamish, LaRoche and Adams.
Voting nay: Budziszewski, Cummings, Eidbo and Kiser.
Motion failed.
Moved by Council Member Eidbo and seconded by Council Member Kiser to approve the
following appointments for Mayor Pro Tem and Council commission liaisons and
representatives for 2023.
Mayor Pro Tem: Council Member Budziszewski.
Environmental Quality Commission Council Liaison: Council Member Eidbo.
Inclusion and Diversity Commission Council Liaison: Council Member Cummings.
Parks and Recreation Commission Council Liaison: Council Member Budziszewski.
Planning Commission Council Liaison: Mayor Adams.
Quad Communities Beyond the Yellow Ribbon Council Representative: Council Member
Kamish.
Northwest Suburbs Cable Communications Commission Council Representative: Council
Member Kamish.
Blue Line Extension Corridor Management Committee Council Representative: Mayor
Adams; and alternate: Council Member Kiser.
Bottineau Community Works Steering Committee Council Representative: Council Member
Kiser; and alternate: Mayor Adams.
The Council discussed potential amendments to the appointments for Mayor Pro Tem and
Council commission liaisons and representatives for 2023.
Moved by Mayor Adams and seconded by Council Member Eidbo to amend the original
motion to reflect the change of Planning Commission Council Liaison from Mayor Adams to
Council Member Kiser.
4.1
Crystal City Council meeting minutes Jan. 3, 2023
Page 4 of 5
By roll call voting aye: Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Voting nay: Budziszewski.
Motion carried.
The Council considered the original motion as amended and approval of the following
appointments for Mayor Pro Tem and Council commission liaisons and representatives for
2023.
Mayor Pro Tem: Council Member Budziszewski.
Environmental Quality Commission Council Liaison: Council Member Eidbo.
Inclusion and Diversity Commission Council Liaison: Council Member Cummings.
Parks and Recreation Commission Council Liaison: Council Member Budziszewski.
Planning Commission Council Liaison: Council Member Kiser.
Quad Communities Beyond the Yellow Ribbon Council Representative: Council Member
Kamish.
Northwest Suburbs Cable Communications Commission Council Representative: Council
Member Kamish.
Blue Line Extension Corridor Management Committee Council Representative: Mayor
Adams; and alternate: Council Member Kiser.
Bottineau Community Works Steering Committee Council Representative: Council Member
Kiser; and alternate: Mayor Adams.
By roll call voting aye: Eidbo, Kamish, Kiser, LaRoche, Adams and Cummings.
Voting nay: Budziszewski.
Motion carried.
8.3 The Council considered a resolution appointing Council Member Nancy LaRoche as Crystal’s
representative on the West Metro Fire-Rescue District Board of Directors.
Interim City Manager Kim Therres addressed the Council.
Moved by Mayor Adams and seconded by Council Member Kamish to adopt the following
resolution:
RESOLUTION APPOINTING A MEMBER TO
THE BOARD OF DIRECTORS FOR
THE WEST METRO FIRE-RESCUE DISTRICT
By roll call voting aye: Kamish, LaRoche and Adams.
Voting nay: Kiser, Budziszewski, Cummings and Eidbo.
Motion failed.
Moved by Mayor Adams and seconded by Council Member LaRoche to continue consideration
of this agenda item to the Jan. 17, 2023 Council meeting.
By roll call voting aye: LaRoche, Adams, Cummings and Kamish.
Voting nay: Kiser and Budziszewski.
Council Member Eidbo abstained from the vote.
Motion carried.
4.1
Crystal City Council meeting minutes Jan. 3, 2023
Page 5 of 5
8.4 The Council considered a resolution approving the plans and specifications and authorizing
advertisement for bids for the Bassett Creek Park pedestrian bridge and dog park.
Recreation Director John Elholm addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following resolution:
RESOLUTION NO. 2023 – 02
APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR IMPROVEMENTS IN BASSETT CREEK PARK
PROJECT #S.0219
Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and LaRoche.
Motion carried, resolution declared adopted.
8.5 The Council considered a resolution approving the plans and specifications and authorizing
advertisement for bids for the Grogan Park (Community Center) parking lot.
Recreation Director John Elholm addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following resolution:
RESOLUTION NO. 2023 – 03
APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR IMPROVEMENTS IN GROGAN PARK
PROJECT #S.0242
Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and LaRoche.
Motion carried, resolution declared adopted.
9. Announcements
The Council and staff made announcements about upcoming events.
10. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the
meeting.
Motion carried.
The meeting adjourned at 8:08 p.m.
____________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Chrissy Serres, City Clerk
4.1
City of Crystal Council Meeting
Jan. 17, 2023
Applications for City License
Rental – New
3335 Nevada Ave. N. #3503 – Sahand Elmtalab (Conditional)
5636 Twin Lake Ter. – Sassy Home LLC. (Conditional)
Rental – Renewal
5203 Angeline Ave. N. – Abdirahman Adam (Conditional)
4640-4646 Douglas Dr. N. – Richard Wilson (Conditional)
5652 Elmhurst Ave. N. – Brandon Sundheimermeyer (Conditional)
5204 Fairview Ave. N. – Deej LLC.
5924 Idaho Ave. N. – Andrew Fischer
2710-2712 Jersey Ave. N. – Tim Morse (Conditional)
3146 Kentucky Ave. N. – Febronio Fajardo
3522 Major Ave. N. – Premium Property Group
3524 Quail Ave. N. – Iasis IV LLC.
5748 Regent Ave. N. – 5748 Regent LLC.
5519 Vera Cruz Ave. N. – Anthony Otto
3216 Welcome Ave. N. – Chris Nelson
3317 Welcome Ave. N. – Daniel Gil (Conditional)
5230 Welcome Ave. N. – Allan Hughes
5755 West Broadway - 5755 West Broadway LLC. (Conditional)
5930/40/50 West Broadway – Krystal Kourt LLC. (Conditional)
4512 Yates Ave. N. – Drew Kabanuk
3832 Zane Ave. N. – Ryan McArton
6400 27th Ave. N. – Solar Partnership (Conditional)
7009 36th Ave. N. – Kath Hammerseng (Conditional)
7201 36th Ave. N. -Louann Terrace LTD. Partner (Conditional)
7700/10/20 36th Ave. N. – Smith-Sturm Inv. Winnetka Village (Conditional)
5332 49th Ave. N. – Vijay Venkataraman
6922 58th Ave. N. – Chen Zhou (Conditional)
Tree Trimmer
Bartlett Tree Experts, 5558 Smetana Dr., Minnetonka, MN 55343
Golden Leaf Tree Service, 1400 Sumter Ave. N., Golden Valley, MN 55427
Midwest Tree Experts MN, 11670 Fountain Dr. #200, Maple Grove, MN 55369
Neighborhood Tree Care LLC, 6271 Central Ave. N.E., Fridley, MN 55432
Northeast Tree Inc., 2124 Marshall St. N.E., Ste. 3, Minneapolis, MN 55418
Pioneer Tree and Landscape, 19072 U.S. Hwy 169 Milaca, MN 56353
SavATree LLC, 8000 Powell Rd., Ste. 160, Hopkins, MN 55343
The Davey Tree Expert Co., 1500 N. Mantua St., Kent, OH 44240
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2023 - ___
RESOLUTION ACCEPTING A DONATION FROM
LONG REAL ESTATE GROUP
WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the
following donation:
Donor Purpose Amount
Long Real Estate Group 2022 Crystal Sparkles $150
And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named
for their generous donation.
Dated: Jan. 17, 2023
By: __________________________
Jim Adams, Mayor
ATTEST:
__________________________
Christina Serres, City Clerk
4.3
Memorandum
DATE: January 17, 2022
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Authorizing the MCES I&I Grant Agreement
Background
Similar to 2018 (and previous years), MCES is offering a grant program to assist eligible cities financially
in an effort to mitigate inflow and infiltration into sanitary sewer collection systems. The MCES grant
program funds available to participating municipalities totals $5,000,000. The program is setup to
reimburse Cities for a percentage of the project cost to repair specific things related to I&I reduction.
Discussion
The City has spent a significant amount of money in both 2021 and 2022 on re-lining portions of the
City’s sanitary sewer system and sanitary sewer main replacement as part of the Utility Reconstruction
projects. This work is eligible for consideration in the grant calculation. Any grant funding received will
be put back into the sanitary sewer utility fund.
Preliminary Grant Estimates for Crystal
•Minimum Allocation $50,000 (the guaranteed minimum amount)
•Estimated Total Allocation $83,250 (based on what all the Cities submitted for)
Attachment
•2020 I/I Grant Program Letter of Intent
Recommended Action
Motion to approve the Resolution authorizing the MCES I&I Grant agreement.
4.4
DATE:
TO:
FROM:
SUBJECT:
April 29, 2021
Mark Ray, Public Works Director/City Engineer
Crystal
4141 Douglas Dr N.
Crystal, MN 55422
Matt Gsellmeier, MCES I/I Grant Administrator
2020 I/I Grant Program Letter of Intent
Thank you for applying to the 2020 State Bond Funded Municipal Inflow and Infiltration (I/I) Grant Program. This
non-binding letter of intent confirms receipt of your city’s application and approval to participate per the Metropolitan
Council’s approved program design and guidelines.
The program design and guideline details, along with the draft agreement that must be entered with the Metropolitan
Council, can be found at the following link under Inflow/Infiltration Grant Programs:
https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants.aspx
Preliminary Non-binding Grant Estimates
Estimated Based on
Preliminary Minimum Allocation (PMA)
Final Reimbursement Amount (FRA)
Preliminary project description and projected cost estimates in city’s
application
City’s application, the amount available for funding, and prior year’s
reimbursement percentages
Please be advised that these are preliminary non-binding estimates and that each participant’s final FRA depends
upon the actual and eligible project work submitted per approved guidelines. PMA and FRA will be calculated
simultaneously for all participants upon receipt of documentation verifying a project costs. Should a city not complete
a project with I/I eligible work, or complete with insufficient eligible work, PMA and FRA will be adjusted accordingly.
Contingent upon availability of funding, cities may be eligible for additional funding should they complete a project(s)
with more I/I eligible work than described in their application.
Important Dates
MCES sends Letter of Intent to program participants
Cities provide descriptions and pay claims for completed projects
MCES makes FRA determination, distributes grant agreements
MCES will process reimbursement upon receipt of signed agreement and commits to sending semi-annual grant
notices to all participants throughout the program. These notices will serve as both reminders of participation and
solicitations for changes in participant contact, projects, or other relevant information.
$50,000
$83,250
April 30, 2021
March 31, 2023
May 1, 2023
Grant Amount
4.4
Documentation submitted to MCES at project completion to verify eligibility and calculate both PMA and FRA must
include the following:
• Completion and submission of MCES provided cost verification form
• A city resolution authorizing participation in the grant program
• Certification (notarized) confirming ownership or easements for locations where work was completed
• Invoices substantiating cost of work completed.
• Description of work, along with description or map of locations
This letter is a commitment to enter into a legally binding grant agreement upon verification that grant program
guidelines and requirements have been met. It is not a legally binding document that confirms funding.
MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the
mitigation of excess inflow and infiltration into the metropolitan disposal system.
MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the
mitigation of excess inflow and infiltration into the metropolitan disposal system.
Please direct your questions or concerns to:
Ned Smith, MCES, Director of Pretreatment and Finance
Leisa Thompson, MCES General Manager
Matt Gsellmeier, MCES I/I Grant Administrator
390 Robert Street North
St. Paul, MN 55101
17633670264
matthew.gsellmeier@metc.state.mn.us
4.4
RESOLUTION NO. 2023 - _____
_
AUTHORIZING THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
MUNICIPAL I/I GRANT AGREEMENT
WHEREAS, the Metropolitan Council Environmental Services (MCES) has identified
the City of Crystal as one of the many metro cities that have quantities of storm water and
ground water, commonly referred to as Inflow and Infiltration (I&I), entering the public sanitary
sewer system; and
WHEREAS, in 2020 the Minnesota Legislature appropriated $5,000,000 of state bond
funds for an I/I cost share grant program. The purpose of this program is to assist eligible cities
financially in an effort to mitigate inflow and infiltration into their sanitary sewer collection
systems; and
WHEREAS, the City has identified public sanitary sewer system components requiring
rehabilitation to minimize or eliminate I&I; and
WHEREAS, the City has completed projects that rehabilitated or replaced components of
the sanitary sewer system to minimize or eliminate I&I in 2021 and 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL,
MINNESOTA:
1)The Department of Public Works is authorized to apply for these grants.
2)Mark Ray, Director of Public Works, or his designee is authorized to submit the
applications and to serve as the contact person.
3)The City agrees to remit available grant funding towards the continued minimization or
elimination of excessive I&I within the public sanitary sewer system.
4)The City will secure and retain invoices for all eligible repairs and that MCES will have
reasonable access to audit these records upon request.
5)The City Manager is authorized to sign said agreement.
Adopted by the Crystal City Council this 17th day of January 2023.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
4.4
CR205-30-849981.v1
Kennedy Troy J. Gilchrist
150 South Fifth Street
Suite 700
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: January 11, 2023 (January 17, 2023 Council Meeting)
Re: Adoption of Council Rules for 2023
---------------------------------------------------------------------------------------------------------------------
Under Section 4.1 of the Crystal City Council Rules of Procedure (“Rules”), the City Council is
required to review and readopt the Rules at the second regular meeting of each year. The Rules
for 2023 are presented for review and adoption by the Council.
I went through the Rules and made various non-substantive edits to increase internal consistency
and to included specific references to the sections in the City Charter or City Code from which
particular rules were drawn. I have enclosed a redline showing all the edits. None of the edits
are substantive, but I think they were needed to improve the document since it serves as the
Council’s governing set of rules for its meetings.
Enclosed is a resolution to adopt the 2023 Council Rules. I will be happy to answer any
questions the Council may have on the Rules.
4.5
2023 Council Rules
City of Crystal
Crystal City Council Rules of Procedure
AU THORITY.SECTION 1.
The City Charter (Section 3.03) and City Code (Subsection 200.09) of the City of Crystal, MN
direct the City Council (“Council”) to adopt a set of rules governing its procedures and order of
business. The Council has adopted Roberts Rules of Order (Newly Revised Edition), but the
rules within this document are controlling and supersede any conflicting rules in Roberts Rules
of Order.
MEETINGS.SECTION 2.
Meeting Schedule. The schedule of regular councilCouncil meetings is adopted at the2.1.
end of the prior year in accordance with City Code, Section 200 and the City Charter.
Amending Meeting Schedule. The schedule of regular meetings may be2.1.1.
amended by resolution.
Special Meetings. Any meeting of the councilCouncil that is not on the regular2.1.2.
schedule is a special meeting of the councilCouncil, and shall be called by the
mayorMayor or three councilmembersCouncil Members upon reasonable notice
to councilmembersCouncil Members and such other notice as required by law,
as prescribed by the City Charter (sectionSection 3.01).
Meeting Agendas. The City Manager is authorized to create the agendas for regular2.2.
and special councilCouncil meetings. The City Manager will distribute preliminary agendas to
the City Council no later than the Thursday preceding the meeting. Agendas and informational
materialmaterials for regular meetings shall be distributed to the Council and posted on the
City’s website no later than the Friday preceding the meeting.
Agenda Approval. Approval of regular and special meeting agendas shall be2.2.1.
made during the Approval of Agenda section of the meeting. An item may be
removed from the agenda by a majority vote of the members present at the
meeting. Urgent or emergency items may be added to the agenda during a
meeting by suspending the rules (seein accordance with Section 4.3 below).
Regular Agenda Order. The regular order of the agenda is as follows:2.2.2.
Call To Order1)
Roll Call2)
Pledge of Allegiance3)
Approval of Agenda4)
Proclamations5)
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2023 Council Rules
Special Appearances6)
Consent Agenda7)
Council meeting minutesa)
Open Forum8)
Public Hearings9)
Regular Agenda10)
Reading and approval of disbursements over $25,000a)
Information and Announcements11)
Upcoming community eventsa)
Notification of upcoming work sessions and councilCouncilb)
meetings
Reminder that work sessions and meetings are recorded andc)
available online
Adjournment12)
Changes to Meeting Order. After the agenda has been adopted, the presiding2.2.3.
officer may, at his/her discretion, modify the order of the agenda items to secure
the proper flow of the meeting. For example, a special appearance may be
moved to later in the meeting to accommodate a late presenter, or open forum
may be moved earlier/later to accommodate participants or facilitation of other
business.
Proclamations. A Proclamation may be used to call attention to certain events or2.2.4.
causes, or to recognize outstanding residents, employees, businesses, or
organizations in Crystal. All proclamations shall relate directly to the City of
Crystal. Proclamations are issued and signed by the Mayor and do not require a
vote from the Council. The City Manager and Mayor shall work together to
prepare and schedule proclamations.
Special Appearances. The Council may, from time to time, invite guest speakers2.2.5.
to address the Council. These may be other elected officials or representatives
of community programs. The scheduling of guest speakers is at the discretion of
the City Manager and Mayor. Guest speakers shall be limited in time to 10
minutes.
Consent Agenda. The consent agenda is for routine and non-controversial2.2.6.
items. The items on the consent agenda will be considered in one motion. No
items may be placed on the consent agenda that pertain to the direct
expenditure of City funds. Any member may request that an item be removed
from the consent agenda; this. Such a request is not subject to debate and does
not require a vote. Items removed from the consent agenda are added to the
regular agenda before the first regular agenda item.
Open Forum. The City Council appreciates hearing from citizens about items of2.2.7.
concern and desires to set aside time during each meeting for Open Forum.
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Under normal order, each person will be allowed three minutes to speak, and no
items may be addressed for more than ten minutes. The Mayor may, at his/her
discretion as presiding officer, extend the total time allowed for a topic. No
Council action may be taken on any items brought before the Council on Open
Forum.
Resolutions. A Resolution may be used to express City Council policy, direct2.2.8.
administrative or legal action, or to make a public statement from the Council
(symbolic resolution). A resolution must be presented in writing and is not
required to be read in full before a vote is taken unless the reading of a
resolution is requested by at least two members of the Council. (City Charter,
Section 3.07). Resolutions are passed by majority vote of a quorum as provided
in City Charter, Section 3.04, unless a supermajority vote is required by law or
the City Charter. Resolutions take effect immediately upon passage unless a
later effective date is stated in the resolution. (City Charter, Section 3.09). All
symbolic resolutions must directly relate to the business of the City of Crystal.
The Council will not issue symbolic resolutions on pending legislation, ballot
measures, or any items being discussed by other legislative bodies.
Public Input. It is the policy of the Crystal City Council to seek feedback from the2.2.9.
community prior to implementing a change in policy. W henever practical, the
Council will schedule an opportunity for public comment on a new policy at the
meeting prior to the meeting where a vote will take place.
WORK SESSIONS.SECTION 3.
Work Session Schedules. The schedule of regular work sessions is adopted at the3.1.
beginning of the year in accordance with City Code, Section 200 and the cityCity
Charter. The schedule for work sessions is typically as follows:
Standing Work Sessions. There will be a standing work session immediately3.1.1.
following each regularly scheduled councilCouncil meeting. If there are
insufficient agenda items to require a standing work session, it may be cancelled
at the discretion of the City Manager.
Additional W ork Sessions. Additional work sessions are typically scheduled prior3.1.2.
to a regularly scheduled councilCouncil meeting, and/or on the second Thursday
of the month.
Budget W ork Sessions. Budget W ork Sessions are typically scheduled to3.1.3.
coincide with the budget process and are dedicated to discussion of formulation
of the cityCity budget.
Amending Meeting Schedule. The schedule of work sessions may be amended3.1.4.
by resolution at a councilCouncil meeting.
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2023 Council Rules
Special W ork Sessions. Any work session of the councilCouncil that is not on3.1.5.
the regular schedule is a special meeting of the council,Council and shall be
called by the mayorMayor or three councilmembersCouncil Members upon
reasonable notice to councilmembersCouncil Members and such other notice as
required by law, as prescribed by the City Charter (Section 3.01).
Work Session Agendas. The City Manager is authorized to create the agenda for work3.2.
sessions.
Agenda Order. The regular agenda order is as follows:3.2.1.
Regular Agenda Items1)
Constituent Issues Update*2)
New Business*3)
Announcements*4)
*Only at standing work sessions.
Constituent Issues Update. At its standing work sessions, the Council will3.2.2.
receive from the City Manager an update on open constituent issues. This
update will be provided in a format mutually agreed upon by the Council and the
City Manager.
New Business. Any Council member may bring an item up for discussion during3.2.3.
the New Business portion of the standing work session. Discussion on each
item is limited to three minutes. Upon the agreement of a minimum of two council
membersCouncil Members the item may be added to the agenda for the next
Regular W ork Sessionregular work session for further discussion. Upon the
agreement of a minimum of three council membersCouncil Members the item
may be added to the next councilCouncil meeting agenda.
Announcements. This section of the agenda is for Council members and staff to3.2.4.
make announcements about upcoming events or meetings, or to preview the
agenda for upcoming meetings and work sessions.
Recording. All work sessions shall be audio recorded and the recordings shall be3.3.
retained on the City’s website for a period of two years.
GENERAL.SECTION 4.
Adoption of Rules. Rules shall be adopted by a resolution requiring an affirmative vote4.1.
of 5 Council membersMembers at the second Regularregular Council Meetingmeeting
of each year. If rules are not adopted at this meeting they will be presented at every
subsequent meeting until they are adopted. Current rules remain in effect until new rules
are adopted.
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2023 Council Rules
Amendment of Rules. Once adopted for a calendar year, rules shall not be amended4.2.
except by resolution requiring an affirmative vote of 6 members.
Suspension of Rules. A rule may be temporarily suspended by an affirmative vote of4.3.
two-thirds of the members present. The specific reason for suspending the rules must
be stated in the motion to suspend, and no business may be transacted except the
stated business.
Motions reduced to writing. Pursuant to City Code, Subsection 200.11 - , “A motion4.4.
must be reduced to writing at the request of any member present. Ordinances and
resolutions must be presented in writing and read in full before a vote is taken thereon
unless the reading is dispensed with by unanimous consent.”
Tie Votes. A tie vote results in a lost motion.4.5.
Unanimous Consent. Unanimous consent for the dispensing of reading of ordinances is4.6.
assumed unless a member requests a formal reading prior to the vote on the item in
question. A resolution is not required to be read unless requested by at least two
members.
Presiding Officer. The mayorMayor is the presiding officer for all meetings and work4.7.
sessions. In the absence of the mayorMayor, the order or precedence is the Mayor
Pro-Tem, the EDA President, the EDA Vice President, the EDA Secretary, and the EDA
Treasurer.
Decorum. It is the desire of the Council to conduct Council meetings and work sessions4.8.
in as informal way as possible to facilitate open and natural discussion of agenda items.
Council members are to refrain from personal attacks or off-topic conversation. The
presiding officer at Council meetings is responsible for maintaining decorum.
Vote Count Reference. This section indicates the number of votes required to achieve a4.9.
threshold at various voting strengths. An affirmative vote of a majority of all the
members is required to adopt an ordinance. An affirmative vote of a majority of a
quorum is required to pass a resolution or motion.
Number of Members Present
Threshold 7 6 5 4
Three Fourths 6 5 4 3
Two Thirds 5 4 4 3
Majority 4 4 3 3
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2023 Council Rules
This chart is for illustrative purposes only. The number of votes required on matters identified
by law requiring more than a majority vote of a quorum of the City Council will be stated on the
agenda. Specific statutory supermajority voting requirements include, but are not limited to, the
following: unanimous vote of all CouncilmemberCouncil Members to amend the City Charter by
ordinance (M.S. § 410.12, subd. 7); four-fifths vote to vacate a street without an owner petition
(M.S. § 412.851, subd. 1); four-fifths vote to publish an ordinance by title and summary (M.S. §
412.191, subd. 4); four-fifths vote to reduce appropriations in the budget resolution or to transfer
unencumbered funds to other purposes (M.S. § 412.731); four-fifths vote to order an unpetitioned
for improvement project subject to special assessments (M.S. § 429.031, subd. 1(f)); two-thirds
vote to amend the comprehensive plan (M.S. § 462.355, subd. 3); and two-thirds vote to rezoning
residential property to commercial or industrial (M.S. § 462.357, subd. 2(b)). Voting minimums
may also be affected by the City Charter or other laws.
PUBLIC ATTENDANCE AT MEETINGS.SECTION 5.
Encouraged; Subject to Rules. The public is encouraged to attend Council meetings5.1.
and to provide their input during the scheduled citizen input time and during public
hearings. However, certain rules need to be established and must be observed
regarding public attendance at, and participation in, meetings to ensure others have an
opportunity to speak and to allow the City Council to conduct its business without
disruption. Those who attend Council meetings shall comply with the rules set out in
this Section and failure to comply with these rules may result in the person being ejected
from the meeting. These rules apply to all public meetings held by the City Council and,
to the extent practicable, meetings held by the City’s commissions, committees, and
boards.
Remain Seated. Unless addressing the City Council, or entering or leaving the meeting5.2.
room, all persons in the audience shall remain seated in the seats provided in their
current location. No person shall stand or sit in the aisles or along the walls, unless
permitted by the Presiding Officer. No person shall block any doorways or interfere with
those attempting to speak at open forum or during a public hearing in accordance with
these rules. No person, other than CouncilmembersCouncil Members and staff, shall
enter the area behind the dais in the Council Chambers during Council meetings.
Demonstrations. All demonstrations, including cheering, yelling, whistling,5.3.
handclapping, and foot stomping which disrupts, disturbs, or otherwise impedes the
orderly conduct of the Council meeting are prohibited.
Obstruct Views. Members of the audience and speakers shall not wear or display signs,5.4.
placards, banners, hats, costumes, or similar items at any time in the meeting room that
obstruct the view of other audience members. In no event shall signs, placards, banners,
props, or similar items be larger than 8 ½ by 11 inches, be illuminated, or be attached to
any pole, stick, or other device.
Open Forum. As noted in Section 2.2.7 of these rules, the City Council provides an5.5.
opportunity for public input during the open forum portion of its agenda during regular
Council meetings. Those who wish to speak during the open forum shall fill out a yellow
slip provided in the meeting room and provide it to the City Clerk. No person shall
address the Council until he or she has first been recognized by the Presiding Officer.
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2023 Council Rules
Unless directed otherwise by the Presiding Officer, comments shall be made at the
designated podium and the speaker shall state his or her name and address before
commenting. In the interest of facilitating the business of the Council, all persons
addressing the Council shall be limited to three minutes, and no matter may be
addressed for more than ten minutes, unless such time is extended by the Presiding
Officer for good cause as provided in these rules.
Interruptions. Members of the audience shall respect the rights of others. No person in5.6.
the audience at the Council meeting shall engage in conduct that disrupts the orderly
conduct of any Council meeting, including, but not limited to, the utterance of loud,
threatening or abusive language, whistling, clapping, stamping of feet, repeatedly
waiving of arms, or other disruptive acts.
Recordings. Photographs, audiotapes, and videotapes may be taken from any seat5.7.
available to the public within the meeting room or from the rear of the meeting room.
Except when presentations are being made, photographs, audiotapes and videotapes
may not be taken from the side or middle aisles or from the front of the Council
Chambers as such practices disrupt and disturb the audience, public speakers, and
CouncilmembersCouncil Members and interfere with the orderly conduct of the meeting.
Photographs, audiotapes, and videotapes shall not be taken in any manner which
disturbs or disrupts the audience, speakers, or CouncilmembersCouncil Members or
otherwise disrupts the Council meeting.
Animals. Animals are prohibited in the Council Chambers, except for trained K-9 police5.8.
dogs and trained service animals as defined under State and Federal law.
Enforcement of Rules. The Presiding Officer of the Council, with the assistance of law5.9.
enforcement, shall be responsible for maintaining the order of the meeting. The rules
established in this Section 5 shall be enforced as follows:
The Presiding Officer has the authority to issue a verbal warning to a person1)
violating the rules;
If the person issued a warning by the Presiding Officer continues to violate the2)
rules and disrupt the meeting, the Presiding Officer will direct the person to be
ejected or excluded from the meeting room; and
The ejection shall be for the remainder of the session at which the violation of3)
the rules occurred.
Adopted 1-18-22by Resolution on the 17th day of January 2023.
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CR205-30-849980.v1
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023- _______
A RESOLUTION ADOPTING THE 2023 CRYSTAL
CITY COUNCIL RULES OF PROCEDURES
WHEREAS, the City Council has previously adopted the “Crystal City Council Rules of
Procedure” (“Council Rules”) that govern how it conducts its business at meetings; and
WHEREAS, Section 4.1 of the Council Rules indicates the City Council is to review and
readopt the Council Rules by a vote of at least five Councilmembers each year at its second
meeting in January; and
WHEREAS, the City Attorney made various non-substantive edits, but the Council Rules
remain substantially as they were for 2022; and
WHEREAS, the City Council reviewed the proposed Council Rules and determines to
move forward with the adoption of them as presented (“2023 Council Rules”).
NOW, THEREFORE, BE IT RESOLVED, that the Crystal City Council hereby adopts
the attached 2023 Council Rules to govern the meetings of the City Council in 2023 and until
successor rules are adopted.
Adopted by an affirmative vote of at least five members of the Crystal City Council this 17th day
of January 2023.
____________________________
Jim Adams, Mayor
ATTEST:____________________________
Chrissy Serres, City Clerk
4.5
CITY OF CRYSTAL
RESOLUTION NO. 2023 - ___
RESOLUTION APPOINTING COMMISSIONER
TO JOINT WATER COMMISSION
WHEREAS, the City of Crystal, with the cities of Golden Valley and New
Hope, comprise the Joint Water Commission, for the purpose of purchasing
water from the city of Minneapolis and maintaining a joint water supply, storage
and distribution system; and
WHEREAS, the Joint Water Commission is composed of three members,
the city manager of each city and are appointed by the City Council of each city;
and
WHEREAS, the Joint Water Commissioners serve a term of three years;
and
WHEREAS, in 2021 Crystal City Manager Anne Norris was appointed as
Crystal’s Commissioner to a term to expire January 31, 2024; and
WHEREAS, City Manager Anne Norris retired in 2022, and as of Janaury
17, 2023, Crystal’s new city manager is Adam R. Bell.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council
approves the appointment of Adam R. Bell as Crystal’s commissioner to the Joint
Water Commission to complete the term expiring January 31, 2024.
Adopted by the Crystal City Council this 17th day of January, 2023.
___________________________
Jim Adams, Mayor
ATTEST:
______________________________
Christina Serres, City Clerk
4.7
DATE: January 11, 2023
TO: Kim Therres, Interim City Manager
City of Crystal City Council
FROM: Jean McGann, Contracted Finance Director
RE: Expenditures over $25,000
Payee Amount
BCWMC Basset Creek WMC dues for 2023 $33,952.00
Laketown Electric Corporation Pedestrian crossing signal at 32nd & Douglas Dr.$38,000.00
MN PERA Employee & city required contributions for 1/6/23 pay date $61,749.65
$133,701.65
Description
6.1
5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION
PAGE 1 OF 6
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Kim Therres, Interim City Manager (for January 17 Meeting)
Adam Bell, City Manager
DATE: January 12, 2023
RE: Consider adoption of a resolution approving a variance request from Michael
Reimann to the lot depth and rear yard setback requirements for a proposed
two-family dwelling at 5020 Welcome Avenue North
A.BACKGROUND
Michael Reimann, who owns the building at 5020 Welcome Avenue North, has applied
for variances to reduce the minimum lot depth and rear yard setback requirements for a
proposed two-family dwelling. The property is zoned Low Density Residential (R-1).
Notice of the January 9 public hearing was published in the Sun Post on December 29
and mailed to property owners, renters and commercial tenants within 500 feet (see
attachment A), and posted to the Cavanagh Oaks and Welcome Park neighborhoods
on Nextdoor. A sign was also posted on the property.
At the January 9 Planning Commission public hearing, the Commission unanimously
recommended approval of the variance application. One person from the public
expressed concern about the variance. The following is a description of the resident’s
concerns with staff’s response to those concerns:
1.The detached garage does not meet the city’s setback requirements.
Staff response: This is incorrect. According to city code section 520.03, Subd. 2 (b),
detached garages can be as close as 3 feet to a side or rear yard property line. The
property survey shows the garage foundation is 4.4’ to the side yard property line,
with the 1’ eave 3.4’ to that same line. The garage foundation is 5.8’ to the rear yard
property line.
2.With two units on the property the city’s residential density requirement is exceeded.
COUNCIL STAFF REPORT
Variance for 5020 Welcome Avenue North
6.2
5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION
PAGE 2 OF 6
Staff response: This is incorrect. According to city code section 520.03, Subd. 2 (a),
the maximum gross density for the property is 6 units per acre. “Gross” includes in
the density calculation the street right-of-way measured out to the centerline of the
street. In the case of 5020 Welcome Ave N., gross density is calculated as follows:
13,516 sq. ft. Size of the lot as shown on the property survey dated
December 12, 2022.
+4,061 sq. ft. Welcome Avenue right-of-way to the centerline
= 17,577 sq. ft. Total area included in the density calculation
= 8,789 sq. ft. Gross area per unit (17,577 / 2 units)
There are 43,560 sq. ft. in one acre
43,560 / 8,789 = 4.95 units per gross acre which is less than 6
3.The city cannot allow the nonconforming two-family dwelling use to continue.
Staff response: This is incorrect. The use of the property for a two-family dwelling
has never been a legally conforming use. The building, which was constructed
before 1937 as a farmstead building of some type, may have been used as a two-
family dwelling in the past, but this was never approved by the city. In 2005 the
property owner converted the building to a single-family home.
Two-family dwellings are a permitted use in the R-1 district provided that the lot
meets lot area, depth, and width requirements in city code section 520.03, Subd. 2
(a). This lot meets those requirements except for the lot depth, for which a variance
is being requested. If the requested variance to lot depth is approved, the use of the
property for a two-family dwelling would be a legally conforming use.
The applicant has also requested a variance to the rear yard property line setback .
The existing building, whether as a single or two-family dwelling, does not meet the
required 30-foot rear yard setback.
Attachments:
A.Site location map showing public hearing notification area.
B.Existing zoning map.
C.Historic and current aerial photos.
D.Current property photos.
E.Property survey showing existing lot depth and building setbacks.
F.Existing floor plan.
G.Project narrative submitted by applicant.
H.Resolution.
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5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION
PAGE 3 OF 6
2021 Aerial Photo
B. VARIANCE REQUEST
Property history
The 13,516 sq. ft. subject property is a remnant of a larger farmstead property accessed
from Vera Cruz Avenue - see aerial photos (attachment C).
The existing residential building at 5020 Welcome was constructed before 1937 as a
farmstead outbuilding of some type, and the detached garage was constructed in the
early 1950s. Also in the early 1950s, Welcome Avenue was platted and constructed
through the farmstead, allowing for the development of multiple homes. As a result of
this history, 5020 Welcome does not meet the minimum 100-foot lot depth and the
existing residential building does not meet the 30-foot minimum rear yard setback.
The interior building layout (attachment F) suggests that it was used in the past as a two-
family dwelling although it was never legally approved by the city for that use and thus
6.2
5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION
PAGE 4 OF 6
was never lawfully nonconforming. Since 2005 the building has been used as a single-
family home but the current layout easily allows for two equally-sized units.
Proposed variances
With the exception of the minimum lot depth requirement of 100’, the property meets
the zoning requirements for a two-family dwelling. There is an existing two-car garage
on the property so minimum parking requirements are met. In order to use the building
as a two-family dwelling, the applicant is requesting the following two variances:
➢ Lot depth. Reduce minimum lot depth from 100’ to 84’
➢ Rear yard setback. Reduce the 30’ minimum rear yard setback to 15’, which is
consistent with the location of the existing building.
C. RECOMMENDED FINDINGS
The following are the relevant approval criteria for these variances as outlined in city code
section 510.33, followed by staff response:
a) Variances shall only be permitted when they are in harmony with the general
purposes and intent of the official control and when the terms of the variances
are consistent with the comprehensive plan.
Response: The intent of the city’s zoning ordinance is to provide for
regulations to promote orderly development that allows for adequate
access to light, air, and convenient access to property. The approval of a
variance to reduce the lot depth and to confirm the existing rear yard
building setback will not impede access to adequate light or air for
adjacent properties or for the existing building.
If the variances are approved, the building will continue to be in
conformance with the Comprehensive Plan’s Low Density Residential
future land use designation. With two units, the gross density would be five
units per acre, which is within the allowed density of no more than six units
per gross acre in the R-1 district.
b) Variances shall only be permitted when the City Council finds that strict
enforcement of specific provisions of this section would create practical
difficulties due to circumstances unique to a particular property under
consideration. Practical difficulties, as used in connection with the granting of a
variance, means that the property owner:
1) proposes to use the property in a reasonable manner not permitted
by an official control; and
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5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION
PAGE 5 OF 6
2) the plight of the landowner is due to circumstances unique to the
property not created by the landowner; and
3) the variance, if granted, will not alter the essential character of the
locality.
Response:
The use of the subject property for a two-family dwelling is a reasonable
use permitted by the city’s zoning regulations.
Practical difficulties in utilizing the lot are its unusual shape and
disproportionate shallowness which were caused by the construction of
Welcome Avenue in the early 1950s, a t least 15 years after the building was
constructed. The requested variances are necessary to ensure that the
building can be utilized on the lot in a way which provides the best
possible residential use and enjoyment of the property, but does not
negatively impact neighboring properties.
The essential character of this area will not change if the variance s are
approved. The existing lot at 5020 Welcome is approximately double the
size of most of the other lots on Welcome Avenue, and the existing
building location far exceeds the front and side yard required setbacks.
The combination of the lot size and increased setbacks allow for open
space between neighboring properties.
c) Economic considerations alone do not constitute practical difficulties.
Response: The manner in which the lot was physically configured in the
early 1950s makes it difficult to meet the city’s current 100-foot lot depth
and rear yard setback requirements without a variance. Therefore,
economic considerations alone are not the sole reason for requesting
this variance.
C. REQUESTED ACTION
At the January 9, 2023 Planning Commission meeting, the Commission unanimously
recommended approval of the variance by a vote of 8 to 0 (one person was absent),
subject to the following conditions of approval:
1. Compliance. The variances are subject to the applicable requirements of the
Crystal City Code. The applicant is required to comply with all applicable federal,
state, and local laws, rules, regulations and ordinances and is required to obtain
such other permits and permissions as may be required.
2. No Waiver. Failure by the city to take action with respect to any violation of any
condition, covenant or term of the variance s shall not be deemed to be a waiver of
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5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION
PAGE 6 OF 6
such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
3. Binding Effect. The variances granted herein and the conditions placed on their
approval, are binding on the applicant, the applicant’s successors and assigns, shall
run with the property, and shall not in any way be affected by the subsequent sale,
lease, or other change from current ownership. The obligations of the applicant
under this approval shall also be the obligations of the current and any subsequent
owners of the property.
4. Acceptance of Conditions. Utilization of the property for any of the uses allowed by
the variances granted herein shall automatically be deemed acceptance of, and
agreement to, its terms and conditions without qualification, reservation, or
exception.
City Council motion to approve the proposed resolution (attachment H) is requested.
6.2
Site Location and Public Hearing Notice Mailing Map
5020 Welcome Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
6.2
Zoning Map
5020 Welcome Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
6.2
1945 Aerial Photo: Attachment C
6.2
2021 Aerial Photo:
Former farm
outbuilding
(now part of
Fun Services
at 5617
Corvallis)
Former farm
outbuilding
(now 5020
Welcome)
Former
farmhouse
(now 5023
Welcome)
6.2
2022 Property Photos: Attachment D
6.2
"UUBDINFOU&6.2
Attachment F
6.2
Variance Narrative 5020 Welcome Ave N
1. Variance Narrative Submit a separate narrative document which answers or addresses the
following questions about the proposed variance.
a) What is the zoning district for the property?
Low Density (R1)
b) What is the existing use for the property?
Vacant Property
c) What is the proposed use for the property?
Duplex
d) What requirement of the unified development code (City code chapter 5) are you requesting
a variance from?
Lot Depth and reduce rear yard setback as required in city code section 520.03
e) Describe how the variance request is in harmony with the general purposes of the unified
development code (City code section 500.03).
The R1 allows for a duplex. The property will be a duplex.
f) Describe how the proposed variance is consistent with the Comprehensive Plan, such as the
planned use map.
The property is guided LDR. The duplex will be in conformity with the designation.
g) Describe the unique circumstances of the property that create a need for a variance.
The building was constructed as a duplex, not as a single-family home.
h) Describe how granting the variance will not change the essential character of the
surrounding area.
The street will still be considered an LDR.
Attachment G
6.2
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023-________
RESOLUTION APPROVING A VARIANCE FOR 5020 WELCOME AVENUE NORTH
WHEREAS, Michael Reimann (“Applicant”) submitted an application for approval of
certain variances for the property located at 5020 Welcome Avenue North, and which is legally
described in the attached Exhibit A (“Property”); and
WHEREAS, the requested variances would allow the existing residential building to be
used as a two-family dwelling by reducing the minimum lot depth and the rear yard building
setback as required in the City’s Unified Development Code (“UDC”), which is contained in
Chapter V of the Crystal City Code. The requested variances (collectively, the “Variances”) are:
➢Lot depth. Reduce minimum lot depth from 100’ to 84’
➢Rear yard setback. Reduce the 30’ minimum rear yard setback to 15’, which is
consistent with the location of the existing building.
WHEREAS, requests for variances are processed and acted on in accordance with
Subsection 510.33 of the UDC; and
WHEREAS, the Planning Commission held a public hearing regarding the requested
Variances on January 9, 2023 and voted to forward the application to the City Council with a
recommendation that the Variances be approved; and
WHEREAS, the City Planner’s report dated January 12, 2023 (“Staff Report”) regarding
this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this
approval, except that the conditions set out below are controlling; and
WHEREAS, the City Council finds that the Applicant’s Variance request satisfies the
relevant criteria in Subsection 510.33, subd. 3 of the UDC and that the Applicant has sufficiently
demonstrated that practical difficulties exist under the present circumstances to support the
issuance of the requested Variances under the applicable rules and regulations of the Crystal City
Code and Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal,
based on the recommendation of the Planning Commission, the Staff Report, the record of this
matter and the findings and determinations contained herein, hereby approves the following
Variances with respect to the existing residential building located at 5020 Welcome Avenue
North:
➢Lot depth. Reduce minimum lot depth from 100’ to 84’
Attachment H
6.2
➢ Rear yard setback. Reduce the 30’ minimum rear yard setback to 15’, which is
consistent with the location of the existing building.
The Variance is subject to compliance with all of the following conditions of approval:
1. Compliance. The Variance is subject to the applicable requirements of the Crystal
City Code. The applicant is required to comply with all applicable federal, state, and
local laws, rules, regulations, and ordinances and is required to obtain such other
permits and permissions as may be required.
2. No Waiver. Failure by the City to take action with respect to any violation of any
condition, covenant or term of the Variances shall not be deemed to be a waiver of
such condition, covenant, or term or any subsequent violation of the same or any other
condition, covenant, or term.
3. Binding Effect. The Variances granted herein, and the conditions placed on their
approval, are binding on the Applicant, the Applicant’s successors and assigns, shall
run with the Property, and shall not in any way be affected by the subsequent sale,
lease, or other change from current ownership. The obligations of the Applicant
under this approval shall also be the obligations of the current and any subsequent
owners of the Property.
4. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by
the Variances granted herein shall automatically be deemed acceptance of, and
agreement to, its terms and conditions without qualification, reservation, or exception.
Adopted by the Crystal City Council this 17th day of January, 2023.
____________________________
Jim Adams, Mayor
ATTEST:
___________________________
Chrissy Serres, City Clerk
6.2
EXHIBIT A
Legal Description of the Property
That part of the Southeast quarter of the Northwest quarter of Section 9, Township 118, Range
21, which lies East of Welcome Avenue North, as shown on the Plat of Schroeder's Addition,
North of the North line of Lot 1 of said Addition, West of the West line of "Kirkwood's First
Addition to Crystal Village", and South of a line drawn parallel with the extension West of the
North line of Lot 1, of said "Kirkwood's First Addition to Crystal Village" from a point in the
West line of said Lot 1 distant 40 feet South of the Northwest corner of said Lot, all in Hennepin
County, Minnesota.
6.2
EXHIBIT B
Planner’s Report
(attached hereto)
6.2
Memorandum
DATE: January 17, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Ben Perkey, PE, Engineering Project Manager
SUBJECT: Approve Plans and Specifications, Order Ad for Bids
2023 Utility Reconstruction Project S.0257
Summary
Based on the long-term infrastructure management plan and the Feasibility Report for the area
identified for reconstruction in the 2020-2029 timeframe, the following roads were identified for
reconstruction in 2023:
•Florida Avenue between Medicine Lake Road/27th Avenue and 30th Avenue
•Idaho Avenue between 30th Avenue and 32nd Avenue
A total of 43 properties are potentially impacted by this project. Generally speaking, the utility
reconstruction work will consist of removal and replacement of the existing water main and sanitary
sewer main, as well as new fire hydrants and water service laterals from the mains to the city-owned
curb stop. The work will also include some storm sewer modifications and replacement. New concrete
curb and gutters and street pavement will be installed after the utility work is complete.
Project Budget
The 2023 Water, Sewer, Storm Water Utility Capital Funds and Street Maintenance Capital Fund
allocated a combined $2,150,000 for the utility reconstruction project.
There will be no special assessment for this project.
Project Cost
Due to concerns about cost, the project has been split into the base bid which includes Florida Avenue
between Medicine Lake Road/27th Avenue and 30th Avenue and two alternate bids being the section of
Idaho Avenue between 31st Avenue and 32nd Avenue and between 30th Avenue and 31st Avenue. The
engineers estimated construction cost for the base bid is $1,159,397, alternate 1 is $630,882, and
alternate 2 is $534,604. The total combined estimated cost is $2,324,343.
The professional services, construction testing, and other miscellaneous costs are approximately
$300,000. This brings the total project cost to an estimated $2,624,343 (including both alternatives).
This estimated total is $474,343 over budget. After the bids are opened, the Council will get an update
at a work session with regards to where the bid prices came in, options to award alternatives, and
potential long-term plan adjustments. As noted previously, the entire project is estimated to be
6.3
$474,343 over budget but the alternatives are estimated to be $1,164,946, so it is anticipated that not
awarding the bid alternatives will easily close any funding gap after bids are opened.
Project Schedule
In order to try and get the best pricing, the City is flexible on the construction schedule in terms of start
time. Bids will be opened March 10, 2023. Assuming there are no issues (funding or otherwise), the
Council will be asked to consider awarding the contract at the March 21st Council meeting. The date for
project completion is late fall 2023. The final layer of pavement is planned to be completed by the end
of this year.
Communication
In late 2022 direct mailings were sent to all the properties in the project area notifying them of the
potential project. Due to COVID-19 precautions and input from the properties in previous projects, no
open house was held for this project. Instead, staff created an informational packet that was mailed to
each home that is intended to be a reference document for residents throughout the entire project
and created a number of YouTube videos on the topics that would have been discussed at a public
open house. The link to the project webpage
(https://www.crystalmn.gov/our_city/public_works_projects) with these videos was included in the
mailings. Additional information will be mailed once the project is awarded and a construction timeline
is known.
CenterPoint Energy
In advance of the City project, CenterPoint Energy will be replacing some gas mains, service laterals,
and moving gas meters from inside homes to outside of the home.
Optional Sanitary Sewer Service Program
7 properties (16%) have expressed interest in participating in the private sanitary sewer service lining
program. This is consistent with previous years. Staff have been working with these property owners to
conduct tv inspections of their sanitary sewer service laterals to confirm the pipe can be lined.
Attachment
• Project Location Map
Recommended Action
• Motion to approve resolution approving the plans and specifications for the 2023 Utility
Reconstruction project
• Motion to approve resolution ordering advertisement for bids for the 2023 Utility
Reconstruction project
6.3
Neill
Elementary
School
Base BId
Bid Alternate 2
Bid Alternate 1
27th Ave N 27th Ave N 27th Ave NFloridaA
v
e
NDouglas Dr NDouglas Dr NDouglas Dr NEdgewood Ave NHampshire Ave N30th Ave N 30th Ave N
32nd Ave N 32nd Ave N 32nd Ave N
29th Ave N
29t h P l N
31st Ave N
2 9 t h A v e N Georgia Ave NEdgewood Ave NFlorida Ave NJersey Ave NJersey Ave NJersey Ave NIdahoAveNIdaho Ave NIdaho Ave NGeorgia Ave N31st Ave N
´0 500 1,000
Feet
Proposed 2023 Utility Reconstruction
Base Bid and Alternates
Project Area
Crystal
Hwy 10027th Ave / Medicine Lake Rd
36th Ave
Winnetka AveDouglas Drive42nd Ave
36th Ave
Louisiana Ave0¼½
Miles
Golden Valley
New Hope
Robbinsdale
32nd Ave Approximate Lengths:
Base - 440' (Florida Ave)
Alt. 1 - 202' (Idaho Ave)
Alt. 2 - 171' (Idaho Ave)
6.3
RESOLUTION NO. 2023 - ______
APPROVING PLANS AND SPECIFICATIONS FOR THE
2023 UTILITY RECONSTRUCTION PROJECT
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 developed a long-term plan for reconstruction of the City’s
water, sanitary sewer, storm water, and street infrastructure; and
WHEREAS, various 2023 capital funds have been allocated funds for the utility
reconstruction project; and
WHEREAS, the firm of Short Elliot Hendrickson (SEH) has prepared the plans and
specifications plans for the proposed 2023 Utility Reconstruction project.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves
the plans and specifications for the 2023 Utility Reconstruction Project.
Adopted by the Crystal City Council this 17th day of January, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.3
RESOLUTION NO. 2023 - ______
ORDERING ADVERTISEMENT FOR BIDS FOR THE
2023 UTILITY RECONSTRUCTION PROJECT
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 developed a long-term plan for reconstruction of the City’s
water, sanitary sewer, storm water, and street infrastructure; and
WHEREAS, various 2023 capital funds have allocated for the utility reconstruction
project; and
WHEREAS, the firm of Short Elliot Hendrickson (SEH) has prepared the plans and
specifications plans for the proposed 2023 Utility Reconstruction project; and
WHEREAS, the City Council approved the plans and specifications on January 17, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders
the advertisement for bids for the 2023 Utility Reconstruction Project.
Adopted by the Crystal City Council this 17th day of January, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.3
Memorandum
DATE: January 17, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Ben Perkey, PE, Engineering Project Manager
SUBJECT: Approve Plans and Specifications, Order Ad for Bids
2023 Bituminous Street Resurfacing Project S.0258
Summary
The 2023 Street Maintenance Fund allocated $882,000 for asphalt reconditioning (2-inch mill and
overlay) which includes concrete curb and gutter repair and pedestrian curb ramp replacements. Based
on a review of the proposed asphalt reconditioning area, there are 10 pedestrian curb ramp
replacements that will be integrated into the larger project.
Project Cost
The total estimated project cost is $639,947.50 which includes bituminous resurfacing, concrete curb
and gutter repair, and pedestrian concrete curb ramp replacements. There will be no special
assessments for this project.
Project Schedule
In order to try and get the best pricing, the City is flexible on the construction schedule. Bids will be
opened February 21, 2023 and the Council will be verbally updated at a work session. The Council will
be asked to consider awarding the contract at the March 7th Council meeting. The date for project
completion is by Fall 2023.
Communication
Project information has been posted on the city website and a direct mailing has been sent to all the
properties in the project area notifying them of the potential project. Additional information will be
mailed once the project is awarded and a construction timeline is known.
Attachment
•Project Location Map
Recommended Action
•Motion to approve resolution approving the plans and specifications 2023 bituminous street
resurfacing project
•Motion to approve resolution ordering advertisement for bids 2023 bituminous street
resurfacing project
6.4
Local MSA Street
36th Ave N 36th Ave N 36th Ave N 36thAveN
36th Ave N
Douglas Dr NDouglas Dr N38th Ave N
35th A v e NColorado Ave NBrunswick Ave NAdair Ave NZane Ave NZane Ave NYates Ave NXenia Ave NWelcome Ave NWelcome Ave NVe ra CruzAveNState Highway 100ToledoAveN38th Ave N
37th Ave N
38th Ave N 38th Ave N 38th Ave N
Xenia Ave NM a r k w o o d DrN37th Ave N
Adair Ave NFlorida Ave NYatesAveN0 0.25 0.5
Miles
36th Ave North
Crystal, Minnesota
Total Length = .54 Miles
City of Crystal 2023 Bituminous Street Resurfacing
City Project S.0258
4141 Douglas Drive North
Crystal, MN 55422
Revised 10/13/2022
Exhibit "B"
Crystal Hwy 10042nd Ave
58th Ave
27th Ave
36th Ave Winnetka AveDouglas DriveBass Lake Road-56th Ave
42nd Ave
36th AveWe
s
t
B
r
o
a
d
wa
y
Louisiana Ave0¼½¾1
Miles
Project AreaC.R.
81/Bot
t
i
neauRobbinsdale
Goledn Valley
New Hope
36th Ave
´
´
6.4
RESOLUTION NO. 2023 - ______
APPROVING PLANS AND SPECIFICATIONS
2023 BITUMINOUS STREET RESURFACING PROJECT
WHEREAS, the City is committed to providing a reliable transportation system; and
WHEREAS, regular maintenance is a routine part of providing for a reliable
transportation system; and
WHEREAS, the 2023 Street Maintenance Fund allocated funds for bituminous surface
reconditioning and pedestrian curb ramp replacements of local streets; and
WHEREAS, plans and specifications have been prepared by the Public Works
Department.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves
the plans and specifications for the 2023 Bituminous Street Resurfacing Project.
Adopted by the Crystal City Council this 17th day of January, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.4
RESOLUTION NO. 2023 - ______
ORDERING ADVERTISEMENT FOR BIDS
2023 BITUMINOUS STREET RESURFACING PROJECT
WHEREAS, the City is committed to providing a reliable transportation system; and
WHEREAS, regular maintenance is a routine part of providing for a reliable
transportation system; and
WHEREAS, the 2023 Street Maintenance Fund allocated funds for bituminous surface
reconditioning and pedestrian curb ramp replacements of local streets; and
WHEREAS, plans and specifications have been prepared by the Public Works
Department; and
WHEREAS, the City Council approved the plans and specifications on January 17, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders
the advertisement for bids for the 2023 Street Resurfacing Project.
Adopted by the Crystal City Council this 17th day of January, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.4
DATE: January 17, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Ben Perkey, PE, Engineering Project Manager
SUBJECT: Undergrounding utility poles along 42nd Ave – Adair Ave to Georgia Ave
Background
This item was discussed at the Council Work Session on January 12th. In 2027, the long-term plan
has $1,000,000 allocated for the undergrounding of the utility poles along the south side of 42nd
Ave from Adair Ave to Georgia Ave. However, due to a potential Joint Water Commission project
replacing the water main under 42nd Ave, the utility pole project may need to be accelerated from
a construction standpoint. As part of this project, new street lights would need to be added along
the corridor since the existing street lights are attached to the utility poles.
Phase 1 will be the data collection, coordination with private utilities, cost estimate development,
survey work, scoping of potential private property impacts, and ultimately a feasibility report.
Phase 2 is all the work associated with obtaining property rights (if needed) for where all the
utilities will be placed underground. Once Phase 1 is complete staff will meet with Council to make
a go/no-go decision before Phase 2 is started.
Cost
WSB’s proposal for Phase 1 is $40,628 and for Phase 2 is $92,573. The total cost would be
$133,201 if the City proceeds with both phases.
Funding
The Street Light Utility Fund has $1,000,000 for the undergrounding of the utility poles project.
Additionally, the City is planning on reaching out to Hennepin County to see if some additional
funding is available.
Attachment
•WSB Proposal
Recommended Action
•Motion to approve the resolution authorizing the professional services agreement for the 42nd
Ave Utility Undergrounding Project
Memorandum
6.5
701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM December 1, 2022
Mr. Ben Perkey, PE
Engineering Project Manager
City of Crystal
4141 Douglas Drive N.
Crystal, MN 55422
Re: Proposal for Professional Engineering Services
42nd Avenue N Undergrounding of Overhead Utilities
City of Crystal, MN
Dear Mr. Perkey:
WSB & Associates, Inc. (WSB) is excited about the opportunity to present this proposal for the following
project and professional engineering services:
Project
Topographic survey, preparation of the project feasibility report, private utility coordination, and
easement acquisition services for the undergrounding of overhead utilities.
Limits
Along 42nd Avenue N (CSAH 9) from Adair Avenue N to Georgia Avenue N.
Proposed Services
• existing condition data collection
• topographic survey
• property corner locations as necessary for easement acquisition exhibits
• easement exhibits and legal descriptions
• meetings
• preliminary layout figures
• coordination with Hennepin County
• coordination with private utilities
PROJECT UNDERSTANDING
The City of Crystal is proposing to underground overhead utilities that exist along the south side of 42nd
Avenue N between Adair Avenue N and Georgia Ave N. 42nd Avenue N is a Hennepin County roadway and
will require coordination and approval from Hennepin County. This project will make way for future street
lighting and pedestrian improvements which will be taken into consideration when preparing the corridor
layout and easement acquisitions.
PROJECT APPROACH/SCOPE OF SERVICES
WSB’s project scope and proposed work plan is based on our understanding of the project, discussions
with City staff, and experience on similar projects. The following work tasks are anticipated as part of the
project:
1. Project Management
This task includes planning and coordination of all work tasks, establishment and monitoring of
budgets, meetings, and correspondence with the City and other agencies. The project manager will
provide technical direction on all aspects of the project and keep the City informed of the project
progress.
6.5
Mr. Ben Perkey, PE
December 1, 2022
Page 2
2. Data Collection
This task involves gathering physical data, as well as record information, regarding the project area.
Information and tasks to be completed under this item will include the following:
• Private Utility Information – WSB will order a Gopher State One Call (GSOC) design locate and
from that, identify all private utilities in the area. WSB will contact the identified utilities to
obtain facility mapping along with establishing a contact person to discuss the proposed
improvements. Based on the preliminary layout, utility conflicts will be identified, and design
measures will be considered to accommodate these conflicts.
3. Topographic Survey
WSB will perform a topographic survey of the project area. Elements collected in the survey will
include property irons, streets, traffic signal systems, curb and gutter, driveways, manholes, catch
basins, culverts, signs, public and private utilities, trees and tree limits, buildings, grades within right-
of-way areas and any other pertinent information. In addition to information collected during the
topographic survey, as-built drawings shall be reviewed and utilized.
4. Meetings
WSB will attend and assist in facilitating the following meetings as listed below:
• 1 site visit with City staff to review proposed layout and project issues
• 2 meetings with City staff to discuss feasibility report
• 1 meeting with Hennepin County Transportation Department
• 3 meetings with private utilities to review proposed layout and relocations
5. Private Utility Underground Planning
Using the utility mapping previously prepared under topographic survey, WSB will communicate with
affected private utilities to confirm their relocation needs. Early in the design process, WSB will
develop a series of roadway/utility cross-sections that will determine the future location of all
underground facilities in the corridor, including existing and future water main, sanitary sewer, and
storm sewer. WSB will coordinate this facility location with the private utilities, and assist them in
developing their facility design, potentially including furnishing of base map information or CADD
files, consultation on location of above-ground components, and coordination of utility relocation
design. The City desires the private utilities to be relocated prior to future city infrastructure
improvements, and this task includes coordination of location and schedule with private utilities to
accomplish that goal.
6. Feasibility Report
This task includes the preparation of feasibility report with text to include an executive summary,
existing conditions, proposed improvements, cost estimate/financing and recommendation. The
report will include the following figures: project location map, proposed alignment for private
utilities, and proposed easement acquisition locations with addresses.
City staff will prepare agenda reports and present the feasibility report to the council.
7. Easements Acquisition
Based on GIS mapping and the existing parcel data, WSB estimates that potentially 14 properties
along the south side of 42nd Avenue N and 3 properties along the east side of Douglas Drive N. may be
affected by the work and may require additional easements and/or right-of-way.
WSB will support the City’s efforts by handling all negotiations with affected property owners, along
with providing owner and encumbrance reports, exhibits, and legal descriptions for affected
properties.
6.5
Mr. Ben Perkey, PE
December 1, 2022
Page 3
Our experienced right-of-way staff will procure title work from a local title company for the purposes
of establishing legal ownership of the parcels. A review of the title information will be done, and
landowners will be contacted to verify the information and update information, if necessary. Upon
verification, WSB will prepare a field title report for each parcel and will coordinate appraisal services
to determine just compensation for the owners.
We will negotiate to acquire permanent and/or temporary construction easements as determined
necessary to accommodate the project. All negotiations will be conducted in good faith with the
property owners to reach an agreement that is fair to both the owners and the City.
SCHEDULE
It is understood that the City desires undergrounding of overhead utilities to be completed during the
2023 and 2024 construction seasons. In order to meet the desired project completion date, we propose
the following schedule
Phase 1
Data Collection & Topographic Survey ........................................................................... February-March 2023
Private Utility Underground Planning ...................................................................................... April-May 2023
Complete Feasibility Report ............................................................................................................. June 2023
Phase 2
Order Title Work ............................................................................................................................... June 2023
Order Appraisals ............................................................................................................................... June 2023
Easement Acquisition ...................................................................................................... June-November2023
Private Utility Undergrounding ............................................................................... November 2023-July 2024
WSB will begin work immediately upon receiving your Notice to Proceed. WSB proposes to begin the
topographic survey and data collection for the project as soon as the weather permits.
PROPOSED FEE
WSB will provide the services as outlined in Project Approach / Scope of Services. Our budget was
developed based on our understanding of the scope and experience with similar type projects. The
following is a summary of the costs for each phase of the project:
TASK DESCRIPTION FEE
1 Project Management $5,056
2 Data Collection $2,928
3 Topographic Survey $16,712
4 Meetings (coord with City staff, Hennepin County, Private Utilities) $5,278
5 Private Utility Underground Planning $1,774
6 Feasibility Report $8,880
Subtotal Phase 1 $40,628
7(a) Easements Acquisition and Negotiations $38,585
7(b) Legal Descriptions and Exhibits $15,738
7(c) Title Work $4,250
7(d) Appraisals $34,000
Subtotal Phase 2 $92,573
We propose to complete the tasks as indicated on an hourly not-to-exceed fee of $40,628 for the Phase 1
of the project and $92,573 for Phase 2 of the project. It should be noted that the proposed fee does not
include soil borings, which are not anticipated to be required to complete the private utility
undergrounding.
6.5
Mr. Ben Perkey, PE
December 1, 2022
Page 4
If additional work outside of the above-described scope is determined necessary, it will proceed only after
City approval. WSB would work with the City to define the scope of any additional work for City approval.
This additional work would be billed on an hourly basis in accordance with WSB’s 2023 Fee Schedule,
which has been attached for your reference.
The proposed scope and fee, presented herein, represents our complete understanding of the project. If
you are in agreement with our proposal, WSB will draft a Professional Services Agreement for this project
for execution by both parties.
Please feel free to contact me at 612-388-9652 if you have any questions concerning any part of this
proposal. We appreciate the opportunity to assist you and your staff in the completion of this project.
Sincerely,
WSB
Justin Messner, PE Monica Heil, PE
Director of Municipal Operations Vice President of Municipal Services
Attachment
6.5
1 Project Management82028 5,056.00$ 2 Data Collection1616 2,928.00$ 3 Topographic Survey46872 16,712.00$ 4 Meetings141428 5,278.00$ 5 Private Utility Undergroud Planning2810 1,774.00$ 6 Feasibility Report44082 54 8,880.00$ 40,628.00$ 7(a) Easement Acquisitions65216281 38,585.00$ 7(b) Legal Descriptions and Exhibits8686 15,738.00$ 7(c) Title Work (Subconsultant)4,250.00$ 7(d) Appraisals (Subconsultant)34,000.00$ 92,573.00$ 207.00$ 170.00$ 183.00$ 131.00$ 145.00$ 135.00$ 235.00$ 102.00$ 5,796.00$ 13,940.00$ 19,398.00$ 1,048.00$ 9,425.00$ 29,160.00$ 15,980.00$ 204.00$ Title Work - O & E on 17 parcels ($250.00/parcels)Total Phase 1 = Phase 1Phase 2 Task CostTwo-Person Survey CrewSurvey CoordinatorAppraisal - 17 parcels ($2,000.00/parcel)Engineering Specialist/ GIS SpecialistSeniorRight of Way SpecialistRight of Way SpecialistTask DescriptonPrincipal/ Senior Project ManagerProject ManagerAdministrativeTotal HoursTotal Phase 2 = 42nd Avenue N Undergrounding of Overhead UtilitiesDetailed Cost Breakdown of TasksHourly CostLabor Costs6.5
2023 Rate Schedule
WSBENG.COM
Billing Rate/Hour
SR. PRINCIPAL | SR. ASSOCIATE $235
PRINCIPAL | ASSOCIATE $173 – $223
SR. PROJECT MANAGER | SR. PROJECT ENGINEER $173 – $223
PROJECT MANAGER $152 – $170
PROJECT ENGINEER | GRADUATE ENGINEER $102 – $169
ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $68 – $167
LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $78 – $162
ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $68 – $160
PLANNER | SR. PLANNER $80 – $167
GIS SPECIALIST | SR. GIS SPECIALIST $78 – $167
CONSTRUCTION OBSERVER $104 – $135
SURVEY
One-Person Crew $175
Two-Person Crew $235
OFFICE TECHNICIAN $60 – $102
Costs associated with word processing, cell phones and reproduction of common correspondence are included in the above hourly
rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) serv ice
rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated
with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of
experience within each category. | Rate Schedule is adjusted annually.
6.5
RESOLUTION NO. 2023- ___
AUTHORIZING PROFESSIONAL SERVICES AGREEMENT FOR THE
42nd AVE UTILITY UNDERGROUNDING PROJECT
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 allocated funding for this project in the Long-Term Plan; and
WHEREAS, the experience, equipment, and staffing required for the design of such
projects is beyond the in-house capability of the City; and
WHEREAS, WSB has completed similar projects and has extensive experience in this
type of work;
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
authorizes the agreement for professional services with WSB for the 42nd Ave Utility
Undergrounding project.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby
authorized to sign said contract.
Adopted by the Crystal City Council this 17th day of January, 2023.
_____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Christina Serres, City Clerk
6.5
CITY OF CRYSTAL
RESOLUTION NO. 2023 - __
RESOLUTION APPOINTING A MEMBER TO
THE BOARD OF DIRECTORS FOR
THE WEST METRO FIRE-RESCUE DISTRICT
W HEREAS, in 1997 the cities of Crystal and New Hope approved a Joint and
Cooperative Agreement to consolidate all aspects of their fire safety programs and
created the West Metro Fire-Rescue District, and
W HEREAS, in accordance with Article IV of the Joint and Cooperative
Agreement, Crystal-New Hope Joint Fire-Rescue District, members are to be
appointed by Council resolution, and
W HEREAS, in January 2022 Crystal Council Member Nancy LaRoche was
appointed to serve as the Crystal Council representative on the West Metro Fire-
Rescue District Board to a term to expire December 31, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council approves
the re-appointment of Crystal City Council Member Nancy LaRoche as a member of
the Joint Fire-Rescue District’s Board of Directors for a two-year term expiring
December 31, 2024.
Adopted by the Crystal City Council this 17th day of January, 2023.
________________________________
Jim Adams, Mayor
ATTEST:
______________________________
Christina Serres, City Clerk
6.6
Please hand this torm to the City Clerk before the rneeting begins.
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to three minutes and topic discussion is limited to 10 minutes.
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(ple se print clearly)
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