2023.06.20 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: June 16, 2023
City Council Meeting Schedule
Tuesday, June 20, 2023
Time Meeting Location
6:30 p.m.
City Council work session to discuss:
1. Crystal Cove Aquatic Center.
2. City Council liaison reports.
3. City manager monthly check-in.
4. Constituent issues.
5. New business.
6. Announcements.
Council Chambers/
Zoom
6:40 p.m. Economic Development Authority (EDA) meeting Council Chambers/
Zoom
7 p.m. City Council meeting Council Chambers/
Zoom
Immediately
following the City
Council meeting
Continuation of City Council work session, if necessary Council Chambers/
Zoom
The public may attend the meetings via Zoom by connecting through one of the methods identified below.
Topic: Crystal City Council work session, EDA meeting, City Council meeting and continuation of City Council work
session, if necessary.
Time: June 20, 2023, at 6:30 p.m. Central Time (US and Canada)
Join Zoom meeting:
https://us02web.zoom.us/j/82031521233?pwd=T2NjRkYwakMwb3VybkNRdk1GaDJOQT09
Meeting ID: 820 3152 1233 Passcode: 414141
One tap mobile:
+13126266799,,82031521233#,,,,*414141# US (Chicago)
+16469313860,,82031521233#,,,,*414141# US
Dial by your location:
+1 312 626 6799 US (Chicago) +1 253 205 0468 US
+1 646 931 3860 US +1 253 215 8782 US (Tacoma)
+1 929 205 6099 US (New York) +1 346 248 7799 US (Houston)
+1 301 715 8592 US (Washington DC) +1 360 209 5623 US
+1 305 224 1968 US +1 386 347 5053 US
+1 309 205 3325 US +1 507 473 4847 US
+1 689 278 1000 US +1 564 217 2000 US
+1 719 359 4580 US +1 669 444 9171 US
+1 669 900 6833 US (San Jose)
Find your local number: https://us02web.zoom.us/u/kbCu8Cj37j
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: June 16, 2023
City Council Work Session Agenda
Tuesday, June 20, 2023, at 6:30 p.m.
Council Chambers/Zoom
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held on Tuesday, June 20, 2023, at ______ p.m. in
the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda
items are not completed in time for the Economic Development Authority meeting at 6:40 p.m.,
the work session will be continued and resumed immediately following the City Council meeting.
The public may attend the meeting via Zoom by connecting to it through one of the methods
identified on the City Council Meeting Schedule for Tuesday, June 20, 2023.
I. Attendance
Council members Staff
____ Kiser ____ Bell
____ Onesirosan ____ Gilchrist
____ Adams ____ Therres
____ Budziszewski ____ Elholm
____ Cummings ____ Larson
____ Eidbo ____ Ray
____ Kamish ____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Crystal Cove Aquatic Center.
2. City Council liaison reports.*
3. City manager monthly check-in.
4. Constituent issues.*
5. New business.*
6. Announcements.*
III. Adjournment
The work session adjourned at ______ p.m.
* Denotes no supporting information included in the packet.
Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE:
TO:
FROM:
SUBJECT:
June 15, 2023
Mayor and City Council
Adam R. Bell, City Manager
John Elholm, Recreation Director
Jason Minnick, Facilities Manager
Crystal Cove Aquatic Center Update
The Crystal Cove Aquatic Center was built in 1968 with most of the pool structure(s) and all of
the mechanical systems being replaced in 2005. The lap lanes and deep end are the only
remaining part of the original structure. The pool has been losing water in recent years, so a
several steps have been taken to determine the future of the facility.
•Early 2021 - A leak was detected, so a study was conducted by USAquatics to review
the pool’s condition. This study reported that the original pool structure was at the end
of its useful life, but the facilities built in 2005 were in good condition
•Early 2022 - A telephone survey of 400 residents was conducted by the Morris
Leatherman Company. The survey showed that 89% of residents consider it important
for children to learn to swim early, and 85% of residents support replacing the old pool
structure.
•Summer 2022 - WSB was hired to solicit additional input by leading a public
engagement process. The public engagement work took place from late-August
through mid-December, 2022. Nearly 95% of the 365 respondents supported
investment of funds into the pool so it can remain open.
•Early 2023 - WSB and a team including HCM Architects and Stantec were hired to
review the public engagement findings to determine the feasibility of public
recommendations. They also suggested some additional items for the pool on page 3,
several of which are in our long-term plan and could be added to this project.
The budget for this project is $3.5 million from the city ($3 million pool / $500,000 building
entry) and $2.35 million from state bonds. The consultants have prepared first level concept
plans for potential improvements for both the pool and building entry. This information, along
with next steps, will be discussed at the work session.
K:\022324-000\Admin\Docs 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum
To: John Elholm
From: Bob Slipka
Date: June 15, 2023
Re: Crystal Grogan Park – Crystal Cove Aquatic Center
WSB Project No. 022324
Following a robust public engagement process, the City of Crystal retained WSB to develop
concept plans and improvement recommendations based on public engagement feedback. As part
of the concept plan efforts, WSB consulted with Stantec to evaluate and prepare recommendations
on improvements to the aquatic center including both repairs to known leaks within the deep well
pool and feedback from the public engagement process. The following is a summary provided by
Stantec for consideration.
Grogan Park/Crystal Cove Aquatic Center Concept Planning
Public Pool Engagement Discussion
For the community engagement portion of this project, efforts were made to identify the public
desire for keeping and improving the pool vs. replacing the facility for a different purpose. The
overwhelming preference expressed was the pool as an important City asset and should be
maintained and improved. Among the ideas shared as potential amenities for an improved pool
were:
• Climbing Wall
• Lazy River
• Higher Diving Boards
• More Shade/Umbrellas
• Features for Middle Height Kids
The City would like to maintain flume slides and provide lap lanes, open play area and a deep well.
It is not practical to provide those amenities and also to provide a lazy river without greatly
increasing the project budget. To provide a lazy river in addition to the mentioned amenities, would
require expansion (most likely into the parking lot) and other facility reconfigurations. A lazy river
addition also increases the facility bather load which triggers a need for more plumbing fixtures
(sinks, toilets, urinals, showers) to comply with regulatory codes and space to house those
additional fixtures.
The other public preferred amenities are all potentially possible in a renovated facility although
provision of higher diving board(s) would increase construction costs as deeper pool depth would
be required in the area of the board(s).
More information regarding elements is provided later in this memo.
Description of Proposed Pool Improvements
Demolition of existing main pool and replacement with new concrete pool. The size of the
replacement pool would be similar in total surface area to the existing pool but would likely have a
Crystal Grogan Park – Crystal Cove Aquatic Center
June 15, 2023
Page 2
K:\022324-000\Admin\Docs
slightly different configuration, depths and specifics compared with the existing pool. The final
configuration of the pool, the pool amenities, etc. would be determined in the early phases of a final
design process.
The pool would be built to work with the existing water slide complex and its current location.
Potential changes for a new main pool relative the existing pool include:
1) Change of water depths. The existing pool has a 3’-6” water depth at the slides exit,
increasing quickly to 4’-0” to accommodate the water walk. The lap lane and open play
area of the pool ranges from 4’-0” to 5’-0” deep and then drops to approximately 11’ in the
deep well. Staff and the public indicate a preference for shallower water for much of the
main pool as it is too deep for many in between age users. A 3’-6” depth as needed for the
water slides but the pool depth from that point to the area of the swim lanes in the new pool
could be maintained somewhere between 3’-6” and 4’-0” to reduce pool depth compared
with the existing pool. At the swim lanes the depth could remain in the 4’-0” range, again
shallowing up the depth of the new pool compared to the existing pool.
2) Lap Lanes. While it is proposed to keep 6 lanes and lane lengths at 75’-0” in length,
potentially they could be oriented to run in an east- west direction rather than north-south
as they currently do in the existing pool, to better allow other desired amenities within the
pool.
3) Different size/shape/orientation for the deep well. The exact orientation, size, depths,
transitions of a deep well are somewhat flexible dependent on the City’s final selection of
amenities and can be adjusted to best work with those selected amenities and the area
available on the site.
Amenities and specifics of the pool would be identified during the final design process but
improvements to potentially be considered include:
• Climbing Wall
• Water Zipline and Rope Climbing Features such as Aqua ZipN and AquaNinja
manufactured by Poolside Adventures.
• Water Basketball/Volleyball
• Water Walk
• Salvage/Replacement of Drop Slide
• 1M and/or 3M diving boards
• Deck Level Diving
A new Drop Slide would have the highest potential single cost ($100,000 plus) and could limit other
items. In addition, there is limited deep (10’-13’) water area available for elements requiring deep
water, i.e., drop slide, diving boards, climbing walls and deck level diving). Further discussion with
the Owner and evaluation of space available would be made in final design to identify size, depth,
and arrangement of deep well area and potential amenities/activities to provide in this area.
Other improvements:
1) Replacement of concrete deck, deck drains, storm sewer, etc. as necessary to build the
new pool and other improvements.
2) Provision of new buried piping for the replacement pool.
3) Potentially minor replacement of some items of the pool recirculation system, to be finalized
in the design process after more discussion with City staff. Note, a full replacement of the
recirculation system is not proposed at this time in an effort to keep costs down and given
the understanding that the existing systems are currently generally working well. While not
Crystal Grogan Park – Crystal Cove Aquatic Center
June 15, 2023
Page 3
K:\022324-000\Admin\Docs
expected to be an issue, during final design the existing pool system will need to be
confirmed that it is sufficiently sized for the new pool specifics.
4) Provisions for new shade elements, to be determined but potentially could include shade
umbrellas, shade structures, cabanas, etc.
5) Bathhouse Front Entry Reconfiguration.
Impact to Bather Load and Plumbing Fixtures Required
The Minnesota Swimming Code identifies the minimum number of plumbing fixtures required at
pool facilities. This code has not changed since the time of the 2006 pool upgrade. As long as the
new pool is not substantially larger in size, additional fixtures beyond what the facility currently has
should not be necessary. The amount of increased pool surface area that would trigger a change
will vary somewhat dependent on specifics of the potential improvements but equates to
approximately an additional 1,900 +/- square feet of pool water surface area above the current
area. The existing main pool surface area is approximately 8,800 square feet.
Other Discussion Items
Potential improvements in the event funds become available to consider:
1) Replacement of water features in the existing zero-edge pool.
2) Replace pool aggregate finish in the zero-edge pool.
3) Gelcoat the water slides.
4) Replacement of water slide complex. The slides have been renovated and we understand
that they are in good condition. The exact life expectancy of slides will vary depending on
original quality, maintenance, usage, environmental condition, etc. but potentially on the
order of 30 plus years.
5) Evaluation of the Bath House/Concession/Pool Mechanical Building for potential
renovation work. The original portion of the building dates back to the late 1960’s.
6) Replacement of pumps, treatment, and chemical systems for both pools. Much of the
current equipment was installed with the 2006 pool upgrade and should be replaced as
deemed necessary.
Upon a determination to proceed, potential project schedules can be discussed such as completing
a project between pool seasons, potentially shortening a pool season, or if necessary close for an
entire season to allow the construction work to be completed, etc.
SCALE IN FEET0H:Early Concept #1 - Similar Pool Layout
SCALE IN FEET0H:Early Concept #2 - Rotate Swim Lanes
CRYSTAL COVE AQUATIC CENTER
CONTACTS:CONTACTS:
• Aff ordable swim lessons.
- Scholarships available.
- About 450 students per year.
• Hosts NHCP Swim Club.
• Summer Adventure Club locaƟ on.
• Birthday party packages off ered.
• Cooling place on hot days.
• Employs 60 staff members.
SERVICES:SERVICES:
The oldest part of the Crystal Cove AquaƟ c Center’s
pool is leaking and needs to be replaced.
Because of the cost, the Crystal City Council spent a year
determining whether the pool should be repaired or demolished.
The city conducted a community-wide phone survey and public
outreach (focus groups, table at events, online survey and more).
WHY IS FUNDING THIS PROJECT IMPORTANT?
• Drowning is the leading cause of death in kids ages 1 - 4.
• Drowning is the 2nd leading cause of death in kids ages 5 -14.
• The pool is a welcoming place to learn about water safety:
- Aff ordable swimming lessons.
- Zero depth (wading) pool.
• The pool is an important resource for the region.
- Approximately 65% of lessons are for non-Crystal residents.
The Crystal Cove Aquatic Center in Crystal, Minn., has been
a fi xture of the Crystal community for more than 50 years.
• Pool built in 1968.
• Two-thirds of pool rebuilt in 2005.
• Main pool container has not been
rebuilt and is more than 50 years old.
• The main pool container has a
signifi cant leak.
• In 2021, a consultant reviewed the
pool and found most of it to be in
“great” condiƟ on, including its fi lters.
HISTORY:HISTORY:
• The main pool stucture is at the
end of its life, according to the 2021
consultant review.
• If the main pool structure is not
replaced, the enƟ re aquaƟ c center
would close and important water
safety services (above) would end.
CONCLUSION:CONCLUSION:
SURVEY RESULTS (2022):
85% of residents support repairing the pool,
according to a phone survey of 400 residents.
95% of the general public supports repairing the
pool, according to 365 online and in-person surveys.
CRYSTAL DEMOGRAPHICS
• First-Ɵ er suburb of Minneapolis.
• Total populaƟ on: 23,300 residents.
• 63% of students in Crystal general public schools qualify for
free or reduced lunch.
• 30% of residents are non-white.
PROJECT COST
Replacment of the main pool, add features, shade, etc.
John Elholm
RecreaƟ on Director
john.elholm@crystalmn.gov
763-531-1150
Adam R. Bell
City Manager
adam.bell@crystalmn.gov
763-531-1140
City of Crystal.............$3 million.
State Bonding.............$2.35 million.
Total Project...............$5.35 million.
CITY MANAGER
MONTHLY CHECK-IN – JUNE 2023
Objective 1 - Strategic planning for continued implementation of Council priorities:
• Thriving Business Community
o Multiple business ribbon-cutting events held and scheduled
o Community Development staff continuing to work with developers regarding redevelopment opportunities
o Continuing to work through and advocate for city and community's interest with Blue
Line Extension and anti-displacement efforts
• community open house about the Bass Lake Road Station Area Plan
update
o Continuing to work with the New Hope Business Association (CBA 2.0)
• Strong Neighborhoods
o Continued implementation of Master Parks System Plan improvements
o Neighborhood meeting held at Becker Park with pickleball court ribbon-cutting event
o Summer Park and Recreation Commission neighborhood meetings continue
• Next meeting is July 5 at Kentucky Park
o Secured $2.35 million in state funds for pool repairs
o Increased traffic enforcement
o Cannabis regulation work session scheduled for July 13
• Sound fiscal policies and practices
o 2022 Final Audit opinion was an unqualified (clean) audit
o Received additional grant funding for park improvements
o Preparing the 2024 budget and updating the long-term plan
o Researching allowed and best uses of additional funding post-legislative session
• Welcoming and inclusive community
o Inclusion & Diversity Commission – The Commission held its June meeting at
Becker Park in conjunction with the Park and Recreation neighborhood meeting
and pickleball court ribbon-cutting event.
o Staff working on community events – Airport Open House and Frolics
Objective 2 - Work-Life Balance/Professional Development
• Supporting staff with family, health, and personal issues
• Support staff’s continuing professional growth and development
• Connecting with neighboring city managers on various local issues
• Participate in metro and state professional organizations
• Continuing participation in city manager leadership group
• Pursuing ICMA City Manager Credentialing
Page 1 of 1
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
• REGULAR MEETING •
TUESDAY, JUNE 20, 2023
6:40 P.M.
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1. Call to order *
2. Roll call *
3. Consider approval of minutes from the May 2, 2023 regular meeting
4. Consider a resolution approving agreements related to a Hennepin County Brownfields
grant for 3401 Douglas Drive North
5. Consider approval of an amendment to the Purchase and Development Agreement for
4741 Welcome Avenue North
6. Property status update *
7. Other business *
8. Adjournment *
*Items for which no materials are included in the packet
Page 1 of 3
Minutes of the
Economic Development Authority of the City of Crystal
Regular Meeting
Council Chambers
May 2, 2023
1. Call to Order
President Kiser called the meeting of the Economic Development Authority of the City of
Crystal (EDA) to order at 7:32 p.m.
2. Roll Call
Upon call of the roll, the following Commissioners were present: Jim Adams, John
Budziszewski, David Cummings, Forest Eidbo, Tracy Kamish, Therese Kiser and Taji
Onesirosan.
The following staff were present: Executive Director Adam Bell, Deputy Executive
Director John Sutter, Police Chief Stephanie Revering and City Attorney Troy Gilchrist.
3. Approval of Minutes
Moved by Commissioner Adams (Budziszewski) to approve the minutes from the April
18, 2023 regular meeting. Motion carried.
4. Public hearing and consider a resolution approving the sale of 3401 and 3415 Douglas
Drive North to Hampton Companies for an 8 unit townhome development
Staff presented information about the proposed sale terms and requested board adoption
of the resolution.
Dan Brown, a representative of Hampton Companies, was available remotely on Zoom to
answer questions.
President Kiser opened the public hearing. There being no persons desiring to address the
board, President Kiser closed the public hearing.
Moved by Commissioner Budziszewski (Eidbo) to adopt the resolution approving the
sale of 3401 and 3415 Douglas Drive North to Hampton Companies for an 8 unit
townhome development. Motion carried.
Page 2 of 3
5. Consider a resolution amending the Purchase and Development Agreement with Ascent
Builders for the sale of 4824 56th Avenue North to extend the closing deadline to August
1, 2023
Staff presented information about the proposed extension.
Moved by Commissioner Kamish (Cummings) to adopt the resolution amending the
Purchase and Development Agreement with Ascent Builders for the sale of 4824 56th
Avenue North to extend the closing deadline to August 1, 2023. Motion carried.
6. Consider approval of a façade improvement deferred loan repayment agreement for 6304
42nd Avenue North (B&R Transmission)
Staff presented information about the project.
Moved by Commissioner Adams (Budziszewski) to approve the deferred loan repayment
agreement for 6304 42nd Avenue North (B&R Transmission). Motion carried.
7. Property Status Update
Staff updated the board on the following:
• 3600 Douglas Dr (former Pizza Hut) - Wine Thief and Ale Jail
• 6014 Lakeland (Odam Medical)
• 5730 Bottineau Blvd (Crystal Vision Clinic)
• 5200 Douglas Dr (Herself Health)
8. Other Business
There was no other business.
9. Adjournment
Moved by Commissioner Budziszewski (Eidbo) to adjourn the meeting. Motion carried.
The meeting adjourned at 7:59 p.m.
Page 3 of 3
These minutes of the May 2, 2023 meeting of the Crystal Economic Development Authority
were approved by the Authority on ________________ ____, 20___.
______________________________
Therese Kiser, President
ATTEST:
______________________________
Forest Eidbo, Secretary
3401-3415 DOUGLAS DR N – GRANT AGREEMENTS
PAGE 1 OF 3
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Adam R. Bell, Executive Director (for June 20 EDA Meeting)
DATE: June 15, 2023
RE: Consider adoption of a resolution approving agreements related to a
Hennepin County Brownfields grant at 3401- 3415 Douglas Dr N.
BACKGROUND
In early 2023 the EDA received notification of a grant award from Hennepin County for a
property cleanup at 3401-3415 Douglas Drive North, vacant lots owned by the EDA. The EDA
has approved the sale of the lot to Hampton Companies for the construction of eight
townhome units. The properties were once the location of commercial uses including a gas
service station that was demolished in 2010 , and removal of contaminated soil is necessary
before townhome construction . Hampton is proposing to close on the property at the end of
June.
The EDA is asked to adopt a resolution approving two agreements related to the grant:
➢ A grant agreement between the EDA and Hennepin County
➢ A subgrant agreement between the EDA and Hampton Companies
ATTACHMENTS:
1. Grant Agreement between the EDA and Hennepin County
2. Subgrant agreement between the EDA and Hampton Co mpanies
3. Resolution approving both agreements
EDA STAFF REPORT
Grant Agreements for 3401 – 3415 Douglas
Drive North
3401-3415 DOUGLAS DR N – GRANT AGREEMENTS
PAGE 2 OF 3
SUMMARY OF AGREEMENTS
The following is a summary of the two grant related agreements.
Grant agreement between the EDA and Hennepin County.
▪ The agreement has been reviewed by city staff, the city attorne y and the environmental
consultant that will be overseeing the property clean-up to ensure that it complies with
the MPCA’s Response Action Plan and Construction Contingency Plan.
▪ The agreement contains standard language relating to the project descriptio n,
reimbursement and reporting requirements, insurance, and data privacy.
Subgrant agreement between the EDA and Hampton Companies .
▪ The subgrant agreement was written by the city attorney and its purpose is to ensure
that Hampton will comply with the requirements described in the grant agreement.
▪ Hampton has signed the agreement.
▪ The agreement contains standard language, including the requirement to complete the
property clean-up according to MPCA requirements, the process for Hampton to
receive reimbursement for expenditures, and insurance requirements.
ACTION REQUESTED
EDA approval of the attached resolution is requested.
3401-3415 DOUGLAS DR N – GRANT AGREEMENTS
PAGE 3 OF 3
2021 Aerial Photo:
Contract No. PR00004949
1
ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
AND
HENNEPIN COUNTY ENVIRONMENT AND ENERGY DEPARTMENT
This Agreement (“Agreement”) is between the County of Hennepin, State of Minnesota, A2300
Government Center, Minneapolis, MN 55487 by its Environment and Energy Department, 701
Fourth Avenue South, Suite 700, Minneapolis, MN 55415 (“County”) and the Economic
Development Authority of the City of Crystal (“Grantee”), a local unit of government, located at
4141 Douglas Drive North, Crystal, Minnesota, 55422.
Grantee has submitted an Environmental Response Fund (“ERF”) application (“Application”) to
the County for a grant to be used for the cleanup at the Douglas Drive Development project site
located at 3401 & 3415 Douglas Drive North in Crystal, Minnesota. The Application submitted
by the Grantee to the County is incorporated into this Agreement by reference.
The parties agree as follows:
1. GRANT AMOUNT AND COMPLETION
The County shall grant to Grantee a sum not to exceed One Hundred Sixty-Nine Thousand Nine
Hundred Thirty dollars ($169,930.00) (“ERF Grant”) which shall be used only for expenses
incurred in performing activities specified in the Application and as further described in Secti on
18 of this Agreement or as approved by the County. Approved activities are as described in Section
18 and in the Application are referred as the “Project”. Administrative costs incurred by Grantee
are not eligible for reimbursement. The Application is currently on file with the County and
available for inspection and review.
Grantee shall complete the Project within two (2) years of execution of this Agreement and within
the terms stated herein. Any material change in the scope of the Project, including time schedule
and budget, must be approved in writing by the County. Upon approval by the County
Administrator, the duration of this Agreement may be extended for up to twelve (12) months.
Funds made available pursuant to this Agreement shall be used only for expenses incurred in
performing such purposes and activities described in the Application and this Agreement.
2. ACCOUNTING, RECORD KEEPING, AVAILABILITY/ACCESS
For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial
records including properly executed contracts, invoices, and other documents sufficient to
evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall
be in accordance with generally accepted accounting principles.
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, County, the State
Auditor, or any of their duly authorized representatives, at any time during normal business hours,
and as often as they may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to
Attachment A
Contract No. PR00004949
2
the accounting practices and procedures of Grantee and involve transactions relating to this
Agreement. Grantee shall maintain these materials and allow access during the period of this
Agreement and for six (6) years after its expiration, termination, or cancellation.
3. PAYMENT/DISBURSEMENT SCHEDULE
County will disburse funds to Grantee pursuant to this Agreement, based on a payment request
form provided by the County, submitted by Grantee, and approved by the County. Payment
requests can be submitted once per month and must be accompanied by supporting invoices that
relate to activities in the approved Project budget. Subject to verification of adequacy of a written
disbursement request and approval of consistency with this Agreement, the County will disburse
the requested amount to Grantee within six (6) weeks after receipt of a written disbursement
request. The final request for disbursement must be submitted within six (6) months o f the
expiration date of this Agreement.
4. STATUS REPORTING
Grantee shall submit annual reports on forms provided by the County describing the distribution
of funds and the progress of the Project covered from the date of the grant award through June 30
of each year. The reports must be received by the County no later than July 25 of each year. The
reports shall identify specific goals listed in the application and quantitatively measure the progress
of such goals. In addition, the required documentation listed in Section 15 should be supplied as
it becomes available.
5. CONTRACTS AND NON-DISCRMINATION
Grantee shall include in any contract, provisions that require contractors to comply with all
applicable State and Federal laws and regulations regarding employment and workplace safety.
In accordance with County’s policies against discrimination, Grantee shall not exclude any person
from full employment rights nor prohibit participation in or the benefits of any program, service,
or activity on the grounds of any protected status or class, including but not limited to race, color,
creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status,
national origin, gender expression, or gender identity. No person who is protected by applicable
law against discrimination shall be subjected to discrimination.
Public Grantees, subgrantees, and any contractors or subcontractors performing services as part of
this Agreement shall follow that public Grantee’s Affirmative Action policy against
discrimination.
6. TERMINATION/CANCELLATION, SUBCONTRACTING, AND ASSIGNMENT
This Agreement automatically terminates on the expiration date of this Agreement as stated in
Section 1, or within sixty days of issuance of final payment on the final disbursement request,
whichever is earlier.
Contract No. PR00004949
3
This Agreement may be canceled by the County upon sixty (60) days written notice to Grantee
without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined
on a pro rata basis, for work or services satisfactorily performed up to the effective date of such
cancellation.
If the County finds that there has been a failure to comply with the provisions of this Agreement,
that reasonable progress has not been made toward commencement or completion of the
assessment and/or clean-up activities specified in the Application and this Agreement,
notwithstanding any other provisions of this Agreement to the contrary and after written notice
and reasonable opportunity to cure, the County may refuse to disburse additional funds and/or
require the return of all or part of the funds already disbursed, to the extent such funds were used
for purposes other than activities contemplated by this Agreement.
If the County finds that there has been a violation of any state, federal or local law, the County
may upon written notice immediately cancel this Agreement in its entirety and may withhold or
delay payment. In the event of a decision to withhold or delay payment, the County shall furni sh
prior written notice to Grantee specifically identifying the reason for withholding or delaying such
payment.
As required by Minnesota Statutes section 471.425, subd. 4a, Grantee shall pay any subcontractor
within ten (10) days of Grantee’s receipt of payment from County for undisputed services provided
by the subcontractor, and Grantee shall comply with all other provisions of that statute.
This Agreement may not be assigned without the prior written consent of the County.
7. INDEPENDENT CONTRACTOR
Grantee shall select the means, method, and manner of performing the Project. Nothing is intended
or should be construed in any manner as creating or establishing the relationship of partnership or
a joint venture between the parties or as constituting Grantee as the agent, representative, or
employee of the County for any purpose. Grantee is and shall remain an independent contractor
with respect to all services and activities performed under this Agreement. Grantee shall secure
all personnel required in performing services under this Agreement. Grantee’s personnel and/or
subcontractors or subgrantees engaged to perform any work or services required by this Agreement
will have no contractual relationship with the County and will not be considered employees of the
County. County shall not be responsible for any claims related to or on behalf of any of Grantee’s
personnel, including, without limitation, claims that arise out of employment or alleged
employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter
268) or the Minnesota Worker’s Compensation Act (Minnesota Statutes Chapter 176) or claims of
discrimination arising out of applicable law, against Grantee, its officers, agents, contractors,
subgrantees, or employees. Such personnel or other persons shall neither accrue nor be entitled
to any compensation, rights, or benefits of any kind from County, including, without limitation,
tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation,
unemployment compensation, disability, severance pay, and retirement benefits.
8. INDEMNIFICATION
Contract No. PR00004949
4
Grantee shall defend, indemnify, and hold harmless County, its present and former officials,
officers, agents, volunteers and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from
any act or omission of Grantee, its subgrantees, contractors, or subcontractors, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable
in the performance of the activities or services specified in this Agreement, and against all loss by
reason of the failure of Grantee to perform any obligation under this Agreement. For clarification
and not limitation, this obligation to defend, indemnify and hold harmless includes but is not
limited to any liability, claims or actions resulting directly or indirectly from alleged infringement
of any copyright or any property right of another, the employment or alleged employment of
Grantee personnel, the unlawful disclosure and/or use of protected data, or other noncompliance
with the requirements of these provisions.
9. INSURANCE
With respect to the activities and services performed pursuant to this Agreement, Grantee shall, at
its sole expense, procure and maintain insurance of the types, and in the forms and amounts
described below from insurer(s) authorized to transact business in the state where services or
operations will be performed by Grantee. The insurance requirements described below shall be
maintained uninterrupted for the duration of this Agreement and beyond such term when so
required, and shall cover Grantee, and others for whom and/or to whom Grantee may be liable, for
liabilities in connection with work performed in connection with this Agreement. Grantee is
required to have and keep in force the following minimum insurance coverages or Grantee’s actual
insurance limits for primary coverage and excess liability or umbrella policy limits, whichever is
greater:
1.Commercial General Liability on an occurrence basis with Contractual Liability Coverage:
Limits
General Aggregate $2,000,000
Products-Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,500,000
Each Occurrence –
Combined Bodily Injury and Property Damage 1,500,000
2.Automobile Liability – Combined single limit each occurrence for 1,500,000
bodily injury and property damage covering owned, non-owned, and hired
automobiles.
3.Workers' Compensation and Employer's Liability:
a. Workers’ Compensation Statutory
If the contractor is based outside the State of Minnesota,
coverage must apply to Minnesota laws.
b. Employer’s Liability. Bodily Injury by:
Accident – Each accident 500,000
Disease – Policy Limit 500,000
Disease – Each Employee 500,000
4.Professional Liability –
Per Claim 1,500,000
Contract No. PR00004949
5
Aggregate 2,000,000
5.Pollution Liability –
Grantee shall maintain or cause a project contractor $2,000,000
to maintain pollution liability insurance general aggregate of at least.
An umbrella or excess policy is an acceptable method to provide the required commercial general
insurance coverage.
Coverage shall not include any exclusion or other limitations related to:
(1)Scope of activities under this Agreement;
(2)Delays in Project completion and cost overruns;
(3)Persons or entities authorized to notify the carrier of a claim or potential claims; or
(4)Mold, fungus, asbestos, pollutants or other hazardous substances.
The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to
determine the need for and to procure additional insurance which may be needed in connection
with this Agreement. Upon written request, Grantee shall promptly submit copies of insurance
policies to County.
Grantee alone is required to meet the insurance coverages of this Agreement. Grantee may meet
these coverages directly through their own insurance policies, through documentation of self-
insurance determined acceptable to the County, or through a combination of Grantee and
contractor or other partner insurance policies. More than one entity or contractor may be used to
assist the Grantee in meeting the required coverages.
Grantee shall ensure that all of Grantee’s subcontractors and subgrantees (i) independently carry
insurance appropriate to cover the subcontractors’ and subgrantees’ exposures and that meet or
exceed the Required Insurance Coverages set forth in the table above; (ii) are covered under the
Grantee’s policies; or (iii) or both. Grantee is responsible for monitoring its subcontractors’ and
subgrantee’s proof of insurance to ensure compliance with the foregoing obligations. Copies of
certificates of insurance shall be maintained by Grantee and shall be supplied to County upon
request.
Grantee and their contractors, subcontractors, and subgrantees shall not commence work until they
have obtained required insurance. When the insurance is provided by the Grantee, the certificate(s)
must name Hennepin County as the certificate holder and as an additional insured for the
commercial general liability coverage(s) and the automobile liability coverages for all op erations
covered under the Agreement and include the project name and ERF contract number. When the
insurance is not provided by the Grantee, the certificate(s) must name the Grantee as the certificate
holder(s), name the Grantee and Hennepin County as an additional insured for the commercial
general liability coverage(s) for all operations covered under the Agreement, and include the
project name and ERF contract number. The certificate must also show that the County will
receive thirty (30) day prior written notice in the event of cancellation/termination, nonrenewal, or
material change in any described policies; however, in the event the insurance carrier will not issue
Contract No. PR00004949
6
or endorse its policy(s) to comply with the notice provision in the preceding clause, Grantee shall
assume such notice obligations. If Grantee receives notice of cancellation/termination from an
insurer, Grantee shall email a copy of the notice to County within two (2) business days.
Grantee shall furnish to County updated certificates during the term of this Agreement as
insurance policies expire. If Grantee fails to furnish proof of insurance coverages, either upon
County’s request or upon expiration of an existing policy, the County may withhold payments
and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute.
Grantee’s or, as applicable, subcontractor(s)’ or subgrantees’ required insurance shall be primary
insurance and any insurance or self-insurance maintained by County shall be in excess of and non-
contributory with Grantee’s insurance. Grantee waives all rights against County, its officials,
officers, agents, volunteers, and employees for recovery of damages to the extent that damages are
covered by insurance of Grantee. If necessary, Grantee agrees to endorse the required insurance
policies to permit waivers of subrogation in favor of County.
If Grantee’s subcontractor(s) or subgrantees independently carry insurance in accordance with the
provisions herein, Grantee shall have a written agreement with its subcontractor(s) or subgrantee(s)
to pass-through all of the foregoing insurance obligations.
10. DUTY TO NOTIFY
Grantee shall promptly notify County of any demand, claim, action, cause of action or litigation
brought against Grantee, its employees, officers, agents or subcontractors, which arises out of the
activities or services described in this Agreement. Grantee shall also notify County whenever
Grantee has a reasonable basis for believing that Grantee and/or its employees, officers, agents or
subcontractors, subgrantees, and/or County, might become the subject of a demand, claim, action,
cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of
and/or related to the activities or services described in this Agreement.
11. DATA PRIVACY AND SECURITY
A.Grantee, its officers, agents, owners, partners, employees, volunteers, subcontractors,
and subgrantees shall, to the extent applicable, abide by the provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all
other applicable law, rules, regulations and orders relating to data or the privacy,
confidentiality or security of data. For clarification and not limitation, County hereby
notifies Grantee that the requirements of Minnesota Statutes section 13.05, subd. 11,
apply to this Agreement. Grantee shall promptly notify County if Grantee becomes
aware of any potential claims, or facts giving rise to such claims, under the MGDPA
or other data, data security, privacy or confidentiality laws, and shall also comply with
the other requirements of this Section.
Classification of data, including trade secret data, will be determined pursuant to
applicable law and, accordingly, merely labeling data as “trade secret” by Grantee does
not necessarily make the data protected as such under any applicable law.
Contract No. PR00004949
7
B. In addition to the foregoing MGDPA and other applicable law obligations, Grantee
shall comply with the following duties and obligations regarding County Data and
County Systems (as each term is defined herein). As used herein, “County Data” means
any data or information, and any copies thereof, created by Grantee or acquired by
Grantee from or through County pursuant to this Agreement, including but not limited
to handwriting, typewriting, printing, photocopying, photographing, facsimile
transmitting, and every other means of recording any form of communication or
representation, including electronic media, email, letters, works, pictures, drawings,
sounds, videos, or symbols, or combinations thereof.
If Grantee has access to or possession/control of County Data, Grantee shall safeguard and protect
the County Data in accordance with generally accepted industry standards, all laws, and all then
applicable County policies, procedures, rules and directions. To the extent of any inconsistency
between accepted industry standards and such County policies, procedures, rules and directions,
Grantee shall notify County of the inconsistency and follow County direction. Grantee shall
immediately notify County of any known or suspected security breach or unauthorized access to
County Data, then comply with all responsive directions provided by County. The foregoing shall
not be construed as eliminating, limiting or otherwise modifying Grantee’s indemnification
obligations herein.
12. MERGER, MODIFICATION AND SEVERABILITY
The entire Agreement between the parties is contained herein and supersedes all oral agreements
and negotiations between the parties relating to the subject matter. All items that are reference d
or that are attached are incorporated and made part of this Agreement. If there is any conflict
between the terms of this Agreement and referenced or attached items, the terms of this Agreement
shall prevail.
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties. Except as expressly provided, the substantive legal terms contained in this Agreement,
including but not limited to Indemnification, Insurance, Merger, Modification and Severability,
Termination, Cancellation and Assignment, or Minnesota Law Governs may not be altered, varied,
modified or waived by any change order, implementation plan, scope of work, development
specification or other development process or document.
If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
13. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties and their
performance. The appropriate venue and jurisdiction for any litigation will be those courts located
within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts
involving the parties will be in the appropriate federal court within the State of Minnesota.
Contract No. PR00004949
8
14.ACKNOWLEDGMENTS AND MEDIA OUTREACH
Grantee shall acknowledge the financial assistance provided by County in promotional materials,
press releases, reports and publications relating to the Project activities described in Section 18
which are funded in whole or in part with the grant funds. The acknowledgment shall contain the
following language:
Financing for this project was provided in part by the Hennepin County
Environmental Response Fund.
Until the Project activities funded by this Agreement are completed, the Grantee shall ensure the
above acknowledgment language, or alterative language approved the County, is included on all
signs located at the Project or construction sites that identify Project funding partners or entities
providing financial support for the project.
Until the Project activities funded by this Agreement are completed and for one year after that
date, the Grantee shall provide advance notice to the County, including an invitation to the
appropriate County Commissioner’s office, of any public events related to the Project.
15. HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX
Grantee shall affirm or require the person or entity to which the Grantee has subgranted the funds
to affirm that it and its officers have paid all Hennepin County personal property taxes and property
taxes due on all of its Hennepin County properties for all taxes owed. If County finds that property
taxes have not been paid, County may refuse to disburse funds and may require the return of all,
or part of the funds already disbursed pursuant to Section 6 of this Agreement.
This section shall not apply to any property taxes that the subgrantee or any other person or entity
directly or indirectly controlling the subgrantee is contesting, in good faith, the existence, amount,
or validity thereof, or the extent of its liability therefor, by appropriate proceedings which shall
operate during the pendency thereof to prevent the collection of the real or personal property tax
so contested.
16. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or termination of this
Agreement do survive such term, cancellation or termination. Such provisions include but are not
limited to: GRANT AMOUNT AND COMPLETION; INDEPENDENT CONTRACTOR;
INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND
SECURITY; ACCOUNTING AND RECORD KEEPING; CANCELLATION/TERMINATION,
SUBCONTRACTING AND ASSIGNMENT; MEDIA OUTREACH; and MINNESOTA LAW
GOVERNS.
17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
Contract No. PR00004949
9
A.Grantee shall comply with all applicable law, conditions of any funding sources,
regulations, rules and ordinances currently in force or later enacted.
B.If the source or partial source of funds for payment of services under this Agreement
is from federal or state monies or from a federal, state or other grant source, Grantee is bound by
and shall comply with applicable law, rules, regulations, applicable documentation, other C ounty
directives relating to the source and utilization of such funds, and, as applicable, the Federal Award
Contract Provisions Addendum.
18. PROJECT DESCRIPTION AND ELIGIBLE ACTIVITIES
The project site is currently made up of two vacant parcels. Contamination consisting of petroleum
chemicals and solvents have been identified at concentrations exceeding applicable risk-based
screening criteria in soils, groundwater, and soil vapor at the site. Redevelopment plans for the
project site include construction of two new market-rate residential townhome buildings.
Grantee has been awarded ERF assistance for contaminated soil transport and disposal costs, clean
cover installation, vapor mitigation system installation, associated consulting activities, and
associated Minnesota Pollution Control Agency (MPCA) fees in accordance with the budget
submitted by the Grantee in the Application. Modifications to eligible activities and costs must be
requested in writing by the Grantee and approved of in writing by the County before modified
activities or costs are performed or incurred.
19. REQUIRED DOCUMENTATION AND SUBMITTALS
The County requires that grant disbursement requests are submitted to the County on a County-
approved disbursement form with the following supporting documentation:
•Annual progress summary reports that describe project status, percent of work completed,
and remaining tasks and schedule.
•Response Action Plan (RAP) Implementation Reports
•Consultant and contractor invoices, including associated subcontracted services invoices
and expense documentation. Documentation shall include the date(s) of service(s) covered
by the invoice, unit rates, quantities, and markups. Subcontractor markups are limited to
10% or less.
•Contaminated and regulated soil disposal documentation. Documentation shall include
proof of unit rates, copies of manifests at a rate of one manifest per truck per load, copies
of weight or load tickets, and a summary spreadsheet matching manifest numbers to weight
or load tickets and final weights.
•Clean fill documentation by volume in cubic yards.
•Vapor mitigation design, specifications, and installation documentation. The
documentation may be included as part of the RAP Implementation Report.
•MPCA approval letters.
•MPCA invoices.
20. USE OF ERF GRANT AS A LOAN
An ERF Grant from County to Grantee may not be disbursed by Grantee to any entity as a loan.
Contract No. PR00004949
10
The Remainder Of This Page Was Intentionally Left Blank
Contract No. PR00004949
11
COUNTY ADMINISTRATOR APPROVAL
Reviewed for County by
the County Attorney's Office:
{{Sig_es_:signer2:signature}}
{{userstamp2_es_:signer2:stamp}}
Reviewed for COUNTY by:
{{Sig_es_:signer3:signature}}
{{userstamp3_es_:signer3:stamp}}
Document Assembled by:
{{Sig_es_:signer1:signature}}
{{userstamp1_es_:signer1:stamp}}
{{Exh_es_:signer1:attachment:label("Attachments")}}
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
{{Sig_es_:signer4:signature}}
{{userstamp4_es_:signer4:stamp}}
Contract No. PR00004949
12
GRANTEE
GRANTEE warrants that the person who executed this Agreement is authorized to do so on
behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.*
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL
_________________________________________
Therese Kiser, President
_________________________________________
Adam R. Bell, Executive Director
*GRANTEE represents and warrants that it has submitted to COUNTY all applicable
documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. Documentation is not required for a sole proprietorship.
Attachment B
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023- ___
RESOLUTION APPROVING A GRANT
AGREEMENT AND A SUBGRANT AGREEMENT
WHEREAS, the Economic Development Authority of the City of Crystal (“EDA”) is the owner of real
properties located at 3401 and 3415 Douglas Drive North (collectively, the “Properties”); and
WHEREAS, the EDA has entered into a purchase agreement with Hampton Companies, LLC (“Hampton”)
to purchase the Properties; and
WHEREAS, the EDA sought, with the support of the Crystal City Council, an Environmental Response
Fund Grant from Hennepin County (“County”) to obtain grant funds to conduct an environmental cleanup
of the Properties; and
WHEREAS, the County awarded the EDA a $169,300 grant (“Grant Funds”) and now the EDA must
enter into an Environmental Respond Fund Grant Agreement (“Grant Agreement”) with the County
(Contract No. PR00004949) to obtain the Grant Funds; and
WHEREAS, Hampton has agreed, as part of the purchase agreement, to use the Grant Funds and, if
necessary, up to $17,000 the EDA will escrow, to complete the environmental cleanup and to enter into
a subgrant agreement with the EDA (“Subgrant Agreement”) to agree to comply with the requirements
of the Grant Agreement in the use of the Grant Funds; and
WHEREAS, the EDA determines that entering into the Grant Agreement and the Subgrant Agreement
are needed to satisfy its obligations under the purchase agreement, ensure the cleanup work is done in
accordance with the requirements of the Grant Agreement, and to facilitate Hampton being able to use
the Properties for a proposed townhome project.
NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the City of Crystal
that it hereby approves the Grant Agreement and the Subgrant Agreement, and authorize and directs the
President and Executive Director to execute the Agreements on behalf of the EDA, and to take all other
actions as may be needed to carry out the intent of this Resolution and the purposes of the agreements.
Adopted this ____ day of June 2023.
____________________________________
Therese Kiser, President
____________________________________
Adam Bell, Executive Director
Attachment C
AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 4741 WELCOME AVENUE NORTH
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Adam R. Bell, Executive Director (for June 20 EDA Meeting)
DATE: June 15, 2023
RE: Consider approval of an amendment to the purchase and development
agreement for 4741 Welcome Avenue North
Gernco Construction, the builder who purchased 4741 Welcome Avenue North from the city in
2021, is requesting an amendment to the purchase and development agreement.
Amend site and building plan.
Gernco signed the purchase agreement with the EDA to construct a four-unit residential building
in which two of the units were larger than the other two units. Gernco is now proposing that all
four units be the same size, stating that since the rental income from the four units would be the
same regardless of size, construction costs for building larger units do not provide an adequate
rate of return. Gernco is proposing to reduce the size of the building according to the following
table:
Description of square footage Approved in 2021 Proposed in 2023
Total building square footage 12,482 sq. ft. 11,276 sq. ft.
Basement (each unit) 618 and 900 sq. ft. 618 sq. ft.
First floor (each unit) 619 and 889 sq. ft. 619 sq. ft
Second floor (each unit) 1,063 and 1,314 sq. ft. 1,113 sq. ft
Garage (each unit) 419 sq. ft. 469 sq. ft.
Summary of changes:
➢The units are proposed to be downsized to basically match the size of the smaller units
approved in 2021.
➢The number of bedrooms and bathrooms for each unit is unchanged.
➢According to the Unified Development Code (UDC), a change to the total floor area of
less than 10% does not require Planning Commission and City Council review.
➢For this development the review threshold is 1,248 sq. ft. and this proposal reduces
the sq. ft. by 1,206 sq. ft. so no Planning Commission or City Council review is
required.
EDA STAFF REPORT
4741 Welcome Ave. N.
Amend Purchase and Development
Agreement
AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 4741 WELCOME AVENUE NORTH
EDA approval of the attached amendment to the purchase and development agreement for each
property is requested. Staff recommends approval.
Attachment:
A.First amendment to Purchase and Development agreement for 4741 Welcome Ave N,
showing an amended site and building plan
2021 Aerial Photo:
1
CR150-222-882405.v2
FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT
This First Amendment to Purchase and Development Agreement (this “First
Amendment”), has been made and entered into as of this 20th day of June, 2023, by the Economic
Development Authority of the City of Crystal, a public body corporate and politic under laws of
Minnesota (the “Seller”) and Gernco Construction LLC, a Minnesota limited company (the
“Buyer”).
RECITALS
WHEREAS, the Seller and the Buyer are parties to that certain Purchase and Development
Agreement, dated June 15, 2021, recorded in the Office of the Hennepin County Recorder on April
4, 2022 as Document No. 5937703 (the “Purchase Agreement”), whereby the Seller agreed to sell
the following described real property:
Lots 3 and 4 (except for the south 40 feet), Block 2, Twin Lake Addition, Hennepin County,
State of Minnesota
(the “Property”) to the Buyer; and
WHEREAS, Pursuant to Paragraph 15.B. of the Purchase Agreement, the Minimum
Improvements were to be constructed substantially in accordance with the Request for Proposal
(RFP) Guidelines attached to the Purchase Agreement as Exhibit B and the site plan approved by
the Crystal City Council on September 21, 2021 attached to the Purchase Agreement as Exhibit C;
and
WHEREAS, the Buyer has requested that Seller approve new requirements by which the
Minimum Improvements are to be substantially constructed; and
WHEREAS, the Seller and Buyer wish to amend the Purchase Agreement so that the
Minimum Improvements are constructed substantially in accordance with the new proposal
submitted by the Buyer and approved by the Seller on June 20, 2023, which is attached to this First
Amendment as Exhibit A.
NOW, THEREFORE, the parties agree as follows:
1.Paragraph 15.B. of the Purchase Agreement is hereby amended to read as follows:
Attachment A
2
CR150-222-882405.v2
The Minimum Improvements shall consist of a new four-unit residential dwelling, and
shall be constructed substantially in accordance with the proposal approved by the Seller
on June 20, 2023 which is attached as Exhibit B.
2. Exhibit B of the Purchase Agreement is hereby replaced with the attached Exhibit A.
3. Exhibit C of the Purchase Agreement is hereby removed.
4. Exhibit D of the Purchase Agreement is hereby renamed “Exhibit C” and remains
otherwise unchanged.
5. All other terms and conditions of the Purchase Agreement shall remain unchanged.
(The remainder of this page is intentionally blank; signatures follow.)
3
CR150-222-882405.v2
IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed
and executed on their behalf as of the day and year first written above.
SELLER:
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL
By: _______________________________
Therese Kiser
Its: President
By: _______________________________
Adam R. Bell
Its: Executive Director
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this 20th day of June 2023, by Therese Kiser, the
President of the Economic Development Authority of the City of Crystal, a public body corporate
and politic under the laws of Minnesota.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this 20th day of June 2023, by Adam R. Bell, the
Executive Director of the Economic Development Authority of the City of Crystal, a public body
corporate and politic under the laws of Minnesota.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
4
CR150-222-882405.v2
BUYER:
GERNCO CONSTRUCTION LLC
By: _______________________________
Emeka Okeakpu
Its: President
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this _______ day of June 2023, by __________ the
President of GERNCO CONSTRUCTION LLC a limited liability company under the laws of
the State of Minnesota, on behalf of the limited liability company.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
5
CR150-222-882405.v2
Exhibit A to First Amendment of Purchase and
Development Agreement
BUYER’S PROPOSAL
(attached hereto)
&YIJCJU"
Page 1 of 2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: June 16, 2023
City Council Meeting Agenda
Tuesday, June 20, 2023
7 p.m.
Council Chambers/Zoom Meeting
The city manager’s comments are bolded.
1. Call to Order, Roll Call and Pledge of Allegiance
2. Approval of Agenda
The Council will consider approval of the agenda.
3. Proclamations
3.1 The Mayor will proclaim July 4, 2023, as Independence Day in the City of Crystal.
3.2 The Mayor will proclaim July 2023 as Park and Recreation Month in the City of Crystal.
4. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature,
in a single motion:
4.1 Approval of the minutes from the following meetings:
a. The City Council work session on June 6, 2023.
b. The City Council meeting on June 6, 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 approving an off-site lawful gambling permit for Crystal Frolics at
Welcome Park from July 27 – 30, 2023, submitted by the West Metro Fire-Rescue District
Firefighters Relief Association.
4.4 Acceptance of Patrick Curme’s resignation from the Inclusion and Diversity Commission.*
4.5 Acceptance of Walker Nyenhuis’ resignation from the Environmental Quality Commission.*
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 10 minutes. The Mayor may, as presiding
officer, extend the total time allowed for a topic. By rule, no action may be taken on any item
brought before the Council during Open Forum. The Council may place items discussed during
Open Forum onto subsequent council meeting agendas.
Page 2 of 2
6. 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.
7. Announcements
a. There will be a ribbon cutting at 4 p.m. on Thursday, June 22 to celebrate the opening of
Odam Medical at 6014 Lakeland Ave. N.
b. There will be a community open house about the Bass Lake Road Station Area Plan update
from 5-7 p.m. on Thursday, June 22 at the Crystal Community Center.
c. City offices are closed Monday, July 3 and Tuesday, July 4 in observance of the Independence
Day holiday.
d. The City Council will hold a work session on Thursday, July 13, 2023, at 6:30 p.m. in the
Council Chambers at City Hall and via Zoom.
e. There will be a ribbon cutting at 2 p.m. on Sunday, July 16 to celebrate the opening of the
Crystal Women’s Clinic (formerly the Robbinsdale Women’s Center) at 5640 West Broadway.
f. The next City Council meeting is Tuesday, July 18 at 7 p.m. in the Council Chambers at City Hall
and via Zoom.
g. Crystal Frolics is July 27 – 30. A schedule of activities and events is available at
www.crystalfrolics.org.
h. City Council meetings and work sessions are open to the public. Current and previous
meetings are available for viewing and listening at www.crystalmn.gov.
8. Adjournment
Have a great weekend. See you at Tuesday’s meeting.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 •
INDEPENDENCE DAY
PROCLAMATION
WHEREAS, on July 4, 1776, the Continental Congress approved the final
wording of the Declaration of Independence; and
WHEREAS, July 4, 1776, was the date that was on the original printed copies of
the Declaration of Independence that was circulated throughout the young nation; and
WHEREAS, the Declaration of Independence contains the principles of our
country’s many freedoms, rights, and individuals’ responsibilities; and
WHEREAS, in 1870, the United States Congress declared July 4 to be a national
holiday to celebrate our nation and freedoms.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby
proclaim Tuesday, July 4, 2023, as Independence Day in Crystal in recognition of the
founding of our country, and I invite Crystal residents to celebrate and honor our many
freedoms on July 4.
Proclaimed this 20th day of June 2023.
________________________________
Jim Adams, Mayor
3.1
PROCLAMATION
DESIGNATION OF JULY 2023 AS PARKS AND RECREATION MONTH IN CRYSTAL
WHEREAS, park and recreation services are an integral part of communities
throughout this country, including Crystal; and
WHEREAS, parks and recreation promotes health and wellness by providing
places and programs to play sports, walk, participate in other activities, help foster
childhood development and lifelong learning, and connect our community by creating
welcoming community gathering places, community events and outreach; and
WHEREAS, parks and natural areas contribute to our community’s ecological
beauty and mental well-being; and
WHEREAS, parks and recreation supports food access through community
gardens and the farmers market; and
WHEREAS, the U.S. House of Representatives has designated July as Parks
and Recreation Month; and
WHEREAS, the City of Crystal recognizes the importance of parks and
recreation services in our community.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby
proclaim JULY 2023 as PARK AND RECREATION MONTH in the city of Crystal.
Dated this 20th day of June 2023.
________________________________
Jim Adams, Mayor
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
3.2
Crystal City Council work session minutes June 6, 2023
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the
work session of the Crystal City Council was held at 6:40 p.m. on June 6, 2023 in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the meeting to order.
I.Attendance
The city clerk recorded the attendance for city council members and staff:
Council members present: Kamish, Onesirosan, Adams, Budziszewski, Cummings and Eidbo.
Council Member Kiser was absent.
City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Public Works Director M. Ray,
Police Chief S. Revering, GIS Specialist E. Schneider, Engineering Project Manager B. Perkey and City
Clerk C. Serres. Assistant City Manager K. Therres and Recreation Director J. Elholm were present via
Zoom.
II.Agenda
The Council and staff discussed the following agenda item:
1.Proposed Geographic Information System (GIS) software.
Mayor Adams continued the work session to resume immediately after the City Council meeting.
Mayor Adams reconvened the work session at 7:47 p.m. to continue discussion of the following
remaining agenda items:
2.Constituent issues.
3.New business.
4.Announcements.
III.Adjournment
The work session adjourned at 7:56 p.m.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
4.1(a)
Crystal City Council meeting minutes June 6, 2023
Page 1 of 3
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
June 6, 2023, at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN and
via Zoom. Mayor Adams called the meeting to order.
Roll Call
Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following
attendance was recorded:
Council members present: Kamish, Onesirosan, Adams, Budziszewski, Cummings and Eidbo.
Council Member Kiser was absent.
City staff present: City Manager A. Bell, City Attorney T. Gilchrist, West Metro Fire-Rescue District
Chief S. Larson, Public Works Director M. Ray, Police Chief S. Revering, GIS Specialist E. Schneider,
Engineering Project Manager B. Perkey and City Clerk C. Serres. Assistant City Manager K. Therres
and Recreation Director J. Elholm were present via Zoom.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve
the agenda.
Motion carried.
3.Proclamations
3.1 The Mayor proclaimed June 14, 2023 as Flag Day in the City of Crystal.
3.2 The Mayor proclaimed June 19, 2023 as Juneteenth Freedom Day in the City of Crystal.
4.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
4.1 Approval of the minutes from the following meetings:
a.The City Council work session on May 11, 2023.
b.The City Council work session on May 16, 2023.
c.The City Council meeting on May 16, 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 Res. No. 2023-59, accepting donations.
4.4 Adoption of Res. No. 2023-60, reporting on state performance measures.
4.5 Approval of the following items for 2023 Crystal Frolics:
a.Temporary closure of portions of 46th Ave. N. and 47th Ave. N. from July 27 – 30, 2023, for
city and volunteer staff vehicle parking, fireworks displays, and waterball competition
hosted by the West Metro Fire-Rescue Relief Association.
4.1(b)
Crystal City Council meeting minutes June 6, 2023
Page 2 of 3
b. A permit for fireworks displays at Welcome Park on July 28 and 29, 2023, submitted by
Hollywood Pyrotechnics, Inc.
Moved by Council Member Kamish and seconded by Council Member Budziszewski to approve the
consent agenda.
Motion carried.
5. Open Forum
No public comment was given during open forum.
6. Public Hearing
6.1 Mayor Adams announced the purpose of the public hearing:
To receive comment, and Council consideration of new on-sale and Sunday liquor licenses for
Tequilatown, LLC d/b/a Tequilatown Authentic Mexican Cuisine and Bar located at 99 Willow Bend.
City Clerk Chrissy Serres addressed the Council. Applicants Fabian Blanco and Moises Blanco also
addressed the Council.
Mayor Adams opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Adams declared
the public hearing closed.
Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the
new on-sale liquor licenses for Tequilatown, LLC d/b/a Tequilatown Authentic Mexican Cuisine and
Bar located at 99 Willow Bend.
Voting aye: Kamish, Onesirosan, Adams, Budziszewski, Cummings and Eidbo.
Absent, not voting: Kiser.
Motion carried.
7. Regular Agenda
7.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Moved by Council Member Budziszewski and seconded by Council Member Onesirosan to
approve the list of disbursements over $25,000.
Voting aye: Kamish, Onesirosan, Adams, Budziszewski, Cummings and Eidbo.
Absent, not voting: Kiser.
Motion carried.
7.2 The Council received the 2022 annual financial report from Bergan KDV.
Andrew Grice from Bergan KDV addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Onesirosan to
accept the 2022 annual financial report from Bergan KDV.
4.1(b)
Crystal City Council meeting minutes June 6, 2023
Page 3 of 3
Voting aye: Kamish, Onesirosan, Adams, Budziszewski, Cummings and Eidbo.
Absent, not voting: Kiser.
Motion carried.
7.3 The Council continued discussion of a resolution authorizing the agreement with LOGIS for
Geographic Information Systems (GIS) Support.
Public Works Director Mark Ray and GIS Specialist Emily Schneider addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Cummings to adopt
the following resolution:
RESOLUTION NO. 2023 – 61
AUTHORIZING PROFESSIONAL SERVICES CONTRACT
FOR LOGIS GIS SUPPORT
By roll call, voting aye: Kamish, Onesirosan, Adams, Budziszewski, and Cummings.
Voting nay: Eidbo.
Absent, not voting: Kiser.
Motion carried, resolution declared adopted.
8. Announcements
The Council and staff made announcements about upcoming events.
9. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Cummings to adjourn
the meeting.
Motion carried.
The meeting adjourned at 7:47 p.m.
___________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Christina Serres, City Clerk
4.1(b)
City of Crystal Council Meeting
June 20, 2023
Applications for City License
Liquor – Off-Sale
Klever Liquor, Inc. dba Klever Liquor, 5120 56th Ave. N., Crystal, MN 55429
Mejron Investments Ltd. Corp. dba The Wine Thief and Al Jail, 3600 Douglas Dr. N., Crystal, MN 55422
Liquor – On-Sale Wine, Beer and Sunday
Cajun 4 Seafood, LLC dba Cajun Kitchen, 5440 West Broadway, Crystal, MN 55428
Liquor – Temporary On-Sale
Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for a church festival to be held Aug. 4 - 5, 2023)
Lynde’s Restaurant and Catering, 209 County Rd. 81, Osseo, MN 55369 (for an event to be held on June 24,
2023 at the Crystal Community Center)
West Metro Fire-Rescue District Firefighters Relief Association, 4101 Douglas Dr. N., Crystal, MN 55422 (for
Crystal Frolics, on July 27 - 30, 2023 at Welcome Park)
Rental – New
3948 Idaho Ave. N. – Invitation Homes (Conditional)
5108 35th Ave. N. – Clare Bartel (Conditional)
5101 56th Ave. N. – Kohl Bailey (Conditional)
Rental – Renewal
5648 Adair Ave. N. – Iasis IV LLC
4306 Brunswick Ave. N. – Pro Operam Sub IV LLC
6600 Cloverdale Ave. N. – ADS LLC (Conditional)
3703 Colorado Ave. N. – David Habimana (Conditional)
4550 Colorado Ave. N. – Nicholas Pettigrew (Conditional)
5126 Edgewood Ave. N. – Wally Anderson (Conditional)
4219 Georgia Ave. N. – Invitation Homes (Conditional)
3809 Hampshire Ave. N. – HPA II Borrower (Conditional)
3850 Idaho Ave. N. – Micha Genereau (Conditional)
5001 Jersey Ave. N. – Invitation Homes
5827 Jersey Ave. N. – Harold Creek (Conditional)
5419 Louisiana Ave. N. – Duane and Deb Sanovia (Conditional)
3415 Major Ave. N. – Invitation Homes (Conditional)
4616 Maryland Ave. N. – Chen Zhou
5704 Orchard Ave. N. – Sobocinski M&T LLC (Conditional)
5640 Perry Ave. N. – Invitation Homes (Conditional)
5202 Quail Ave. N. – Jay Bawar (Conditional)
3401 Regent Ave. N. – Midwest Realty Services
5527 Xenia Ave. N. – Joshua Asp
4843 Yates Ave. N. – Zach Aoga (Conditional)
5750 Yates Ave. N. – MNSF (Conditional)
6300 31st Ave. N. – Norm Hillesland
5915 47th Ave. N. – HPA II Borrower (Conditional)
6723 50th Ave. N. – Matthew Selden
5708 56th Ave. N. – Helen Osonowo (Conditional)
5724 56th Ave. N. – Helen Osonowo (Conditional)
5802 56th Ave. N. – Helen Osonowo (Conditional)
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2023 - ___
APPROVING LG230 APPLICATION TO CONDUCT OFF-SITE LAWFUL GAMBLING BY
WEST METRO FIRE-RESCUE DISTRICT FIREFIGHTERS RELIEF ASSOCIATION
WHEREAS, Minnesota Statutes Chapter 349 provides that organizations licensed by the
Gambling Control Board must obtain authority from the Board to conduct lawful gambling at a
specific location. The statute also stipulates that the application will not be approved unless
the organization submits a resolution of approval by the local unit of government; and
WHEREAS, West Metro Fire-Rescue District Firefighters Relief Association holds a state
lawful gambling license; and
WHEREAS, West Metro Fire-Rescue District Firefighters Relief Association also holds a
premise permit to conduct lawful gambling within the City of Crystal; and
WHEREAS, West Metro Fire-Rescue District Firefighters Relief Association has submitted
a state LG230 Application to Conduct Off-Site Gambling at Welcome Park, 5598 46th Ave. N., in
the City of Crystal for a community event.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves West
Metro Fire-Rescue District Firefighters Relief Association’s LG230 off-site lawful gambling
application to conduct pull-tabs at Crystal Frolics on July 27 – 30, 2023.
BE IT FURTHER RESOLVED that the city clerk is authorized and directed to supply a
certified copy of this resolution to the State of Minnesota Gambling Control Board and
applicant listed above.
Adopted by the Crystal City Council this 20th day of June, 2023.
________________________________
Jim Adams, Mayor
ATTEST:
_______________________________
Chrissy Serres, City Clerk
4.3
DATE: June 15, 2023
TO: Adam R. Bell, City Manager
City of Crystal City Council
FROM: Jean McGann, Contracted Finance Director
RE: Expenditures over $25,000
Payee Amount
MN PERA Employee & city required contributions for 5/26/23 pay date $68,115.75
TA Schifsky & Sons, Inc.2023 Mill & Overlay project AFP #1 $42,331.05
Golden Valley JWC JWC April water charges $141,900.62
West Metro Fire Rescue District May contribution to West Metro Fire $123,281.10
Metropolitan Council Environ Svs May SAC payment $142,688.70
Center for Energy & Environment Home improvement loan/grant program $27,992.06
Solarpod, Inc.Solar panel installation AFP #1 $72,202.00
West Metro Fire Rescue District June contribution to West Metro Fire $123,281.10
MN PERA Employee & city required contributions for 6/9/23 pay date $69,784.95
IRS - EFTPS Federal & FICA withholding taxes for 6/9/23 pay date $67,449.04
$879,026.37
Description
6.1
Nlease hand this Corm to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(information provided on this form is open to the public)
(please print clearly)
The topic 1 wish to address is:
oe
Name:
Address: � �, z
Zip Code: Date:
Day Phone (optional):
Email (optional): T
Thank you for your attendance and parti ' tion.