Loading...
2023.09.05 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Sept. 1, 2023 City Council Meeting Schedule Tuesday, Sept. 5, 2023 Time Meeting Location 6:30 p.m. Economic Development Authority (EDA) meeting Council Chambers/ Zoom 6:45 p.m. City Council work session to discuss: 1. Constituent issues. 2. New business. 3. Announcements. Council Chambers/ Zoom 7 p.m. City Council meeting Council Chambers/ Zoom Immediately following the City Council meeting Continuation of City Council work session, if necessary Council Chambers/ Zoom The public may attend the meetings via Zoom by connecting through one of the methods identified below. Topic: Economic Development Authority meeting, Crystal City Council work session, City Council meeting, and continuation of City Council work session, if necessary. Time: Sept. 5, 2023, at 6:30 p.m. Central Time (US and Canada) Join Zoom Meeting: https://us02web.zoom.us/j/83953579585?pwd=aHVUeTNPNnV6ZjRneFpNV29lOEdyQT09 Meeting ID: 839 5357 9585 Passcode: 414141 One tap mobile: +19292056099,,83953579585#,,,,*414141# US (New York) +13017158592,,83953579585#,,,,*414141# US (Washington DC) Dial by your location: +1 929 205 6099 US (New York) +1 669 444 9171 US +1 301 715 8592 US (Washington DC) +1 669 900 6833 US (San Jose) +1 305 224 1968 US +1 689 278 1000 US +1 309 205 3325 US +1 719 359 4580 US +1 312 626 6799 US (Chicago) +1 253 205 0468 US +1 646 931 3860 US +1 253 215 8782 US (Tacoma) +1 386 347 5053 US +1 346 248 7799 US (Houston) +1 507 473 4847 US +1 360 209 5623 US +1 564 217 2000 US Find your local number: https://us02web.zoom.us/u/ken0WJb8VJ Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, SEPTEMBER 5, 2023 6:30 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Consider approval of minutes from the August 15, 2023 regular meeting 4. Consider a resolution adopting a proposed 2024 EDA budget and HRA tax levy 5. Consider approval of an amendment to the Purchase and Development Agreement for 4741 Welcome Ave. N. 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 August 15, 2023 1. Call to Order President Kiser called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 8:09 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, John Budziszewski, David Cummings, Forest Eidbo, Traci Kamish, Therese Kiser and Taji Onesirosan. The following staff were present: Executive Director Adam Bell, Deputy Executive Director John Sutter, City Planner Dan Olson, Police Chief Stephanie Revering and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Adams (Budziszewski) to approve the minutes from the June 20, 2023 regular meeting. Motion carried. 4. Consider approval of a Termination of Development Agreement for 4824 56th Avenue North. Staff presented information about the reason for the termination and requested board approval. Moved by Commissioner Budziszewski (Eidbo) to approve a Termination of Development Agreement for 4824 56th Avenue North. Motion carried. 5. Consider authorizing a Request for Proposals for development of 4824 56th Avenue North. Staff presented information about the Request for Proposals and requested board authorization. Page 2 of 3 Moved by Commissioner Budziszewski (Eidbo) to authorize a Request for Proposals for development of 4824 56th Avenue North. Motion carried. 6. Property Status Update Staff updated the board on the following: • 5240 Apts (Sand Companies 4-story, 58-unit apartment building) is under construction at 5240 West Broadway • 4-unit residential building is under construction at 4741 Welcome Ave. N. • Wine Thief and Ale Jail building renovations/addition at 3600 Douglas Dr. N. is under construction, with a fire sprinkler financing request anticipated for City Council consideration on Sep. 5 • Hampton Companies 8-unit townhome development at 3401 Douglas Dr. N. will begin construction soon. • The scale model of the Blue Line Extension’s proposed interchange and LRT station at Bass Lake Road is available for public viewing at City Hall during normal business hours. 7. Other Business There was no other business. 8. Adjournment Moved by Commissioner Budziszewski (Eidbo) to adjourn the meeting. Motion carried. The meeting adjourned at 8:32 p.m. Page 3 of 3 These minutes of the August 15, 2023 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Therese Kiser, President ATTEST: ______________________________ Forest Eidbo, Secretary ___________________________________________________________________________ FROM: John Sutter, Community Development Director D ATE: August 30, 2023 TO: Adam R. Bell, Executive Director (for September 5 EDA meeting) SUBJECT: Consider a resolution adopting a proposed 2024 HRA tax levy and EDA budget As part of the annual budgeting process, the EDA formally requests a Housing and Redevelopment Authority tax levy which would comprise most of its funding. The 2023 levy was $316,200. Staff is recommending a 2024 levy of $335,172 which is a 6% increase from 2023. The statutory maximum HRA levy is $528,438 which is 0.0185 percent of the estimated market value of the property in the City. Anticipated 2024 EDA activities: •One or more redevelopment projects in the Town Center redevelopment area •Expand branding and beautification efforts, including utility box wraps •Continue façade improvement grants after Hennepin County funds are expended •Sale of properties currently being held by the EDA (proceeds increase the fund balance) •Home improvement grants for qualifying households located outside the redevelopment project area (not eligible for TIF funds) Adoption of the attached resolution is requested. Please note that, whatever 2024 levy amount is set at the September 2023 meeting, it may be reduced but cannot be increased when the final budget and tax levy are set in December 2023. Attachments: •Resolution adopting a proposed 2024 HRA tax levy •EDA budget detail •Crystal EDA 2024... and beyond (slide updated from April 18, 2023 meeting) EDA STAFF REPORT Proposed 2024 HRA Tax Levy and EDA Budget ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023 - ___ ADOPTING A PROPOSED 2024 BUDGET AND PROPERTY TAX LEVY AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the enabling resolution of the EDA, the EDA exercises all of the powers of a housing and redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to 469.047 (the “Act”); and WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is, property in the City; and WHEREAS, the maximum permitted HRA levy is $528,438 which is 0.0185 percent of the estimated market value of the property in the City. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Crystal as follows: 1. The EDA hereby adopts a proposed 2024 budget for housing and redevelopment in the amount of $401,513. 2. The EDA hereby adopts a proposed 2024 property tax levy of $335,172 for the purpose of funding the adopted budget in conformance with Section 469.033, Subdivision 6 of Minnesota Statutes. 3. The Executive Director is authorized and directed to transmit a certified copy of this Resolution to the City Council of the City of Crystal for its consent and approval as provided by Section 469.033 of the Act and for certification to the Property Tax Manager of Hennepin County. Adopted this 5th day of September, 2023. _______________________________ Therese Kiser, President _______________________________ Adam R. Bell, Executive Director Revenue 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Property Taxes - Adopted Levy 282,744$ 300,000$ 310,122$ 316,200$ 335,172$ Prior Years' Delinquent Taxes 1,191$ 1,471$ 1,605$ -$ -$ Special Assessments*20,107$ 20,003$ 32,839$ 32,834$ 32,834$ Interest Income 79,686$ (10,026)$ (39,171)$ 8,000$ 8,000$ Miscellaneous Revenue -$ 273$ 14,533$ -$ 26,800$ Total Revenue 383,728$ 311,720$ 319,927$ 357,034$ 402,806$ Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Personnel Services 312,634$ 330,071$ 299,173$ 271,358$ 232,708$ Professional, Audit & Legal Services 17,163$ 8,160$ 31,306$ 26,000$ 32,000$ Contractual Services*5,136$ 77,980$ 3,484$ 5,000$ 15,000$ Internal Service Fund Charges -$ 4,568$ 5,186$ 5,215$ 7,354$ Home Improvement Grant Program 40,511$ 91,470$ 33,625$ 25,300$ 26,800$ Branding and Beautification 10,550$ 12,228$ 6,251$ 20,050$ 40,550$ Façade Improvement Grants -$ -$ 12,500$ -$ 40,000$ Miscellaneous Operating Expenses 3,127$ 2,437$ 5,849$ 5,000$ 7,100$ Total Expenditures 389,119$ 526,914$ 397,374$ 357,923$ 401,513$ Net Revenue Over (Under) Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed (5,392)$ (215,194)$ (77,447)$ (889)$ 1,293$ Fund Balance at Year End 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Actual* / Forecast based on budget 2,438,443$ 2,310,250$ 2,232,803$ 2,231,914$ 2,233,207$ EDA Budget Detail *Proceeds from property sales go into the fund balance but do not show up as revenue. This means the year- to-year change in the fund balance may not match that year's net revenue over (under) expenditures. *Special assessments are the method of repayment for EDA financing of installation of fire protection systems. 2024 special assessment revenue is comprised of $20,000 from 6105 42nd Ave N and $12,834 from 5600 56th Ave N. *2021 contractual services expenditures included $64,170 for installation of a fire protection system at 5600 56th Ave N. Crystal EDA 2024… and beyond Can continue with previously planned 2% increase to HRA levy STS litter clean-ups Senior Community Services Planter boxes Senior Community Services Elevate Hennepin business assistance Business promotion & outreach Business networking Embodied in adopted 2023 budget Additional items funded by shifting staff time plus 6% increase to HRA levy Minor beautification projects Maintenance contract for landscape beds Continue façade grants Utility box wraps, decorative entrance monument signs and other beautification projects (1-2 per year) Embodied in proposed 2024 budget Additional items that would require increasing HRA levy to statutory max. ($528,438 in 2024) Major beautification projects (medians, boulevards, utility undergrounding) 42nd Avenue project Douglas Dr/W Bdwy intersection project Strategic acquisitions Will be included in 2025- 2026 budget discussions in spring-summer 2024 AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 4741 WELCOME AVENUE NORTH ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Adam R. Bell, Executive Director (for September 5 EDA Meeting) DATE: August 31, 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 to construct a four-unit residential building, is requesting an amendment to the purchase and development agreement. Amend the completion date. The sale of the lot closed on October 27, 2021 and the purchase and development agreement requires Gernco to complete the building within two years of the closing. The building at 4741 Welcome is under construction and could be completed by early 2024. The builder has indicated that construction has been delayed by factors outside his control such as his lender requiring that the building plans be amended so that the four units would be the same size (the EDA approved an amendment to the purchase agreement on June 20, 2023 to reflect the amended site and building plans). For this reason, staff recommends an extension to June 30, 2024 with the following construction milestones to occur: ➢ November 30, 2023. Complete the walls and roof of the building. ➢ March 31, 2024. Substantially complete the building. ➢ June 30, 2024. Final completion including all site improvements and landscaping. EDA approval of the attached amendment to the purchase and development agreement for the property is requested. Staff recommends approval. Attachment: A. Second amendment to Purchase and Development agreement for 4741 Welcome Ave N EDA STAFF REPORT 4741 Welcome Ave. N. Amend Purchase and Development Agreement AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 4741 WELCOME AVENUE NORTH 2022 Aerial Photo: AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 4741 WELCOME AVENUE NORTH Au gust 29, 2023 Construction Status Photos: 1 CR150\222\897483.v1 SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This Second Amendment to Purchase and Development Agreement (this “Second Amendment”), has been made and entered into as of this ________ day of __________________, 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 Registrar of Titles 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, the Seller and the Buyer are parties to that certain First Amendment to Purchase and Development Agreement dated June 20, 2023, filed July 21, 2023, in the Office of the Hennepin County Registrar of Titles as Document No. 6025863, whereby Buyer and Seller agreed to new requirements by which the Minimum Improvements are to be substantially constructed (the “First Amendment”); and WHEREAS, the Seller has determined that there is good cause to modify the date of completion as described in the Purchase Agreement, and the Seller and the Buyer wish to amend the Purchase Agreement in order to extend the date for the completion of the development in accordance with certain construction milestones. NOW, THEREFORE, the parties agree as follows: 1.Paragraph 15.C. of the Purchase Agreement is hereby amended to read as follows: The Buyer must complete certain construction milestones according to the timeline as follows: Attachment A 2 CR150\222\897483.v1 The walls and the roof of the four-unit residential dwelling must be substantially complete by November 30, 2023. The four-unit residential dwelling must be substantially complete by March 31, 2024. All other site improvements and landscaping must be complete no later than June 30, 2024. Construction of the four-unit residential building will be considered “substantially complete” when the final certificate of occupancy has been issued by the City of Crystal building official. Alternatively, if the Buyer submits an escrow payment for installation of the driveway or landscaping, in an amount to be determined by the building official, construction will be considered substantially complete when the temporary certificate of occupancy has been issued by the building official. 2. All other terms and conditions of the Purchase Agreement and the First Amendment shall remain unchanged. (The remainder of this page is intentionally blank; signatures follow.) 3 CR150\222\897483.v1 IN WITNESS WHEREOF, the parties have caused this Second 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 ______ day of _________________ 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 ______ day of _________________ 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 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Sept. 1, 2023 City Council Work Session Agenda Tuesday, Sept. 5, 2023 6:45 p.m. Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held on Tuesday, Sept. 5, 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 City Council meeting at 7 p.m., the work session will be continued and resumed immediately following the City Council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, Sept. 5, 2023. I. Attendance Council members Staff ____ Budziszewski ____ Bell ____ Cummings ____ Gilchrist ____ Eidbo ____ Therres ____ Kamish ____ Elholm ____ Kiser ____ Larson ____ Onesirosan ____ Ray ____ Adams ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Constituent issues. * 2. New business. * 3. 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. Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Sept. 1, 2023 City Council Meeting Agenda Tuesday, Sept. 5, 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. Proclamation 3.1 The Mayor will proclaim the week of Sept. 17 – 23, 2023 as Constitution Week in the City of Crystal. 4. Appearances 4.1 Police Chief Revering will introduce Officers Tim Simon and Anna Futterer who most recently passed probation.* 4.2 Police Chief Revering and the Minnesota Office of Traffic Safety will present Officer Andrew Robles with a DWI award.* 5. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the minutes from the following meetings: a. The City Council work session on Aug. 15, 2023. b. The City Council meeting on Aug. 15, 2023. c. The City Council budget work session on Aug. 17, 2023. 5.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 5.3 Acceptance of Nathan Carlson’s resignation from the Environmental Quality Commission.* Page 2 of 3 6. Open Forum The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 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. 7. Regular Agenda 7.1 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. 7.2 The Council will consider resolutions approving the preliminary 2024 budgets and tax levies. At its August work sessions, the City Council reviewed the 2024 preliminary budget and levies. The overall 2024 levy began with an expected increase of 13.06%. After the Council and staff discussions at the August work sessions, staff have worked to reduce the levy increase and have reduced the levy increase to 10% and are still achieving the budgetary goals. Staff recommends adoption of the resolutions approving the 2024 preliminary budget and levies. 7.3 The Council will consider the second reading of an ordinance requiring a license and imposing regulations on the retail sale of edible cannabinoid products, and a resolution approving summary language for publication of the ordinance. The Council adopted the same proposed regulations as an interim ordinance at the August 17th meeting, when it also approved the first reading of the regular ordinance. Staff recommends approval of the second reading and adoption of the ordinance regulating the sale of edible cannabinoid products and approval of the resolution for summary publication of the ordinance. 7.4 The Council will consider a resolution authorizing the contract for the JWC valve replacement project at 41st Avenue and Douglas Drive North. The Joint Water Commission replaces water main valves as needed and proactively when appropriate. One of the proposed valves to be replaced this year is located at the intersection of 41st Ave and Douglas Drive. The JWC budgets for this work, so the only additional expenses for the city will mainly be staff time involved with the replacement work. Staff recommends approval of the resolution authorizing the contract for the JWC valve replacement. Page 3 of 3 7.5 The Council will consider a resolution authorizing execution of a Petition and Waiver Agreement with Mejron Properties LLC for installation of a fire protection system at 3600 Douglas Dr. N. (Wine Thief and Ale Jail). The commercial building at 3600 Douglas Dr. N. was purchased in 2022 by Mejron Properties, which is renovating the building to convert it into a wine and beer store, and also adding to the north side of the building. Under Section 1306 of the building code, a fire protection system (fire sprinklers) must be installed as part of the renovation and addition. Since 2018, the city has been providing interest-free loans funded by the EDA Fund Balance. The estimated cost of the fire protection system is $70,971, but the city estimates the interest-free, loan-eligible costs to be only $59,471. If approved, the loan would be paid back in 10 installments over 5 years. Staff recommends adoption of the resolution authorizing the execution of the petition and waiver agreement. 8. Announcements a. Bark in the Park will be held at the new Bassett Creek Dog Park on Wednesday, Sept. 13 from 5 – 7 p.m. A ribbon-cutting event is tentatively scheduled at 6:00 p.m. b. The City Council will hold a work session on Thursday, Sept. 14 at 6:30 p.m. in the Council Chambers at City Hall and via Zoom. c. The annual Vehicle Fair will be held Saturday, Sept. 16 from 10 a.m. – 12 p.m. at Crystal Community Center. Families are invited to see vehicles that come and go through the neighborhood. A wide variety of trucks and cars will be on display. The event is free, however, a free-will donation of a non-perishable food item for PRISM will be accepted. d. The next City Council meeting is Tuesday, Sept. 19 at 7 p.m. in the Council Chambers at City Hall and via Zoom. e. 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. 9. Adjournment Have a great weekend and a safe Labor 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 PROCLAMATION CONSTITUTION WEEK: SEPTEMBER 17 – 23, 2023 WHEREAS, September 17, 2023, marks the two hundred and thirty-sixth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, the Constitution provides the framework of and for our government with a set of principles that guarantees citizens certain rights, freedoms, and responsibilities; and WHEREAS, the Constitution further outlines the power of the federal government and leaves other matters to state governments, ensuring that the government remains accountable to its citizens; and WHEREAS, it is fitting to officially recognize the Constitution and the anniversary of its creation; and WHEREAS, to honor the principles outlined in the Constitution, the United States Congress, by joint resolution on August 2, 1956, requests that the President shall proclaim the week between September 17 and 23 each year as Constitution Week. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim September 17- 23, 2023, as CONSTITUTION WEEK in the City of Crystal. I encourage residents to study the importance of active citizenship and the strength of our Constitution. Dated this 5th day of September 2023. ________________________________ Jim Adams, Mayor 3.1 Crystal City Council work session minutes Aug. 15, 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 6:31 p.m. on Aug. 15, 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: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. City staff present: City Manager A. Bell, City Attorney T. Gilchrist, West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray, Engineering Project Manager B. Perkey, Police Chief S. Revering, Community Development Director J. Sutter and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom. II.Agenda The Council and staff discussed the following agenda item before the City Council meeting: 1.Cannabis regulations. Mayor Adams continued the work session to resume immediately after the Economic Development Authority meeting. Mayor Adams reconvened the work session at 8:32 p.m. The Council and staff discussed the following remaining agenda items: 2.2024 Utility Reconstruction survey results. 3.West Metro Fire-Rescue District quarterly update. 4.City Council liaison reports. 5.City manager monthly check-in. 6.Constituent issues. 7.New business. 8.Announcements. III.Adjournment The work session adjourned at 9:18 p.m. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 5.1(a) Crystal City Council meeting minutes Aug. 15, 2023 Page 1 of 6 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Aug. 15, 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: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. 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, Community Development Director J. Sutter, City Planner D. Olson and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the agenda. Motion carried. 3.Appearances 3.1 Police Chief Revering introduced Crystal’s Joint Community Police Partnership Liaison, Nneka Onuma, and Crystal’s Mental Health Social Worker, Savannah Farmer, to the City Council. 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 July 13, 2023. b.The City Council work session on July 18, 2023. c.The City Council meeting on July 18, 2023. d.The City Council budget work session on Aug. 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 Res. No. 2023-75, acknowledging and approving the renaming of the approved plat for Farrs Addition to Farrs Second Addition. 4.4 Adoption of Res. No. 2023-76, ordering preparation of an assessment roll, declaring the amounts to be assessed and setting a public hearing date of Oct. 17, 2023, for the 2023 delinquent accounts. Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the consent agenda. Motion carried. 5.1(b) Crystal City Council meeting minutes Aug. 15, 2023 Page 2 of 6 5. Open Forum • Scott Kneisel, 6916 58th Ave. N., addressed the Council regarding concerns about the community. 6. Public Hearings 6.1 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of a resolution for the vacation of easements at 6048-6058 Lakeland Ave. N. City Planner Dan Olson addressed the Council. Deborah Everson, representative on behalf of the property owner 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 Cummings to adopt the following resolution: RESOLUTION 2023 - 77 RESOLUTION VACATING EASEMENTS WITHIN THE PLATS OF STORM’S 1ST ADDITION AND ENGSTROM ADDITION Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 6.2 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of an interim ordinance requiring a license and imposing regulations on the retail sale of edible cannabinoid products within the City. City Manager Adam Bell 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. No council action was required. 7. Regular Agenda 7.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Kiser and seconded by Council Member Kamish to approve the list of disbursements over $25,000. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. 5.1(b) Crystal City Council meeting minutes Aug. 15, 2023 Page 3 of 6 7.2 The Council considered a resolution approving the lot consolidation plat of Goldengate Auto Addition at 6048-6058 Lakeland Ave. N. City Planner Dan Olson addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kiser to adopt the following resolution: RESOLUTION NO. 2023 – 78 RESOLUTION APPROVING GOLDENGATE AUTO ADDITION FINAL PLAT Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 7.3 The Council considered a resolution authorizing the purchase of a 2024 Chevrolet Equinox to replace Car #56 (2014 Ford Focus) for the Community Development Department. Community Development Director John Sutter addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Onesirosan to adopt the following resolution: RESOLUTION NO. 2023 – 79 APPROVING THE PURCHASE OF A REPLACEMENT COMMUNITY DEVELOPMENT INSPECTION VEHICLE Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 7.4 The Council considered a resolution authorizing the installation of security cameras at the sanitary sewer lift stations. Public Works Director Mark Ray addressed the Council. Moved by Council Member Kamish and seconded by Council Member Kiser to adopt the following resolution: RESOLUTION NO. 2023 – 80 AUTHORIZING THE CONTRACT FOR CAMERA INSTALLATION AT SANITARY SEWER LIFT STATIONS Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 7.5 The Council considered the following items related to licensing the retail sale of edible cannabinoid products: City Attorney Troy Gilchrist addressed the Council. 5.1(b) Crystal City Council meeting minutes Aug. 15, 2023 Page 4 of 6 a. Council action on interim ordinance: Moved by Council Member Eidbo and seconded by Council Member Budziszewski to amend the interim ordinance to include language regarding advertising restrictions. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. Moved by Council Member Budziszewski and seconded by Council Member Kiser to adopt the following interim ordinance: ORDINANCE 2023 – 04 AN INTERIM ORDINANCE REQUIRING A LICENSE AND IMPOSING REGULATIONS ON THE RETAIL SALE OF EDIBLE CANNABINOID PRODUCTS Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. b. Council action on resolution: Moved by Council Member Eidbo and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2023 – 81 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2023-04 Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. c. Council action on ordinance Moved by Council Member Eidbo and seconded by Council Member Cummings to amend the ordinance to include language regarding advertising restrictions. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. Moved by Council Member Kamish and seconded by Council Member Budziszewski to adopt the following ordinance: ORDINANCE 2023 – 05 AN ORDINANCE REQUIRING A LICENSE AND IMPOSING REGULATIONS ON THE RETAIL SALE OF EDIBLE CANNABINOID PRODUCTS And further, that the second and final reading will be held on Sept. 5, 2023. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. 5.1(b) Crystal City Council meeting minutes Aug. 15, 2023 Page 5 of 6 d. Moved by Mayor Adams and seconded by Council Member Eidbo to adopt the following resolution: RESOLUTION NO. 2023 – 82 RESOLUTION AMENDING APPENDIX IV OF THE CRYSTAL CITY CODE TO ADD EDIBLE CANNABINOID LICENSE RELATED FEES Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 7.6 The Council considered an interim ordinance prohibiting the use of cannabis in public places, and a resolution approving summary language for publication of the ordinance. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member Onesirosan and seconded by Council Member Eidbo to adopt the following interim ordinance: ORDINANCE 2023 – 06 AN INTERIM ORDINANCE PROHIBITING THE USE OF CANNABIS PRODUCTS IN PUBLIC PLACES Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. Moved by Council Member Budziszewski and seconded by Council Member Kamish to adopt The following resolution: RESOLUTION NO. 2023 – 83 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2023-06 Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 7.7 The Council considered approval of the 2024 West Metro-Fire Rescue District budget. City Manager Adam Bell addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the 2024 West Metro Fire-Rescue District budget. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried. 8. Announcements The Council and staff made announcements about upcoming events. 5.1(b) Crystal City Council meeting minutes Aug. 15, 2023 Page 6 of 6 9. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Cummings to adjourn the meeting. Motion carried. The meeting adjourned at 8:02 p.m. ___________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Christina Serres, City Clerk 5.1(b) Crystal City Council budget work session minutes Aug. 17, 2023 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the budget work session of the Crystal City Council was held at 6:32 p.m. on Aug. 17, 2023. Due to technical difficulties, the meeting was relocated to the upper community room at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for city council members and staff: Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. City staff present: City Manager A. Bell, Police Chief S. Revering, Deputy Police Chief B. Hubbard, West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray, Community Development Director J. Sutter, Recreation Director J. Elholm and Assistant Finance Director J. Bursheim. Assistant City Manager K. Therres was present via Zoom. II.Agenda The Council and staff continued discussion of the 2024 budget and preliminary levy. III.Adjournment The work session adjourned at 9:05 p.m. Jim Adams, Mayor ATTEST: Adam R. Bell, City Manager 5.1(c) Page 1 of 1 City of Crystal Council Meeting Sept. 5, 2023 Applications for City License Rental – New 5340 Byron Ave. N. – Ryan Woodworth (Conditional) 4814 Idaho Ave. N. – Lana Larson 3108 Kentucky Ave. N. – Colin Kaster (Conditional) 3457 Major Ave. N. – Satori Properties LLC (Conditional) 3001 Winnetka Ave. N. – Rodolfo Medel-Ortiz (Conditional) 5100 50th Ave. N. – Javier Rodriguez (Conditional) Rental – Renewal 2701 Brunswick Ave. N. – Granite Cliffs LLC (Conditional) 3601-3603 Colorado Ave. N. – Reese Pfeiffer (Conditional) 3648 Colorado Ave. N. – DN Real Estate LLC (Conditional) 2737 Douglas Dr. N. – Reese Pfeiffer (Conditional) 3703 Douglas Dr. N. – Evan Baskerville 4126 Douglas Dr. N. – Serenity Village (Conditional) 4134 Douglas Dr. N. – Serenity Village (Conditional) 4224 Edgewood Ave. N. – Matthew Selden (Conditional) 5304 Fairview Ave. N. – MNSF T2 SPE LLC (Conditional) 4825-4827 Idaho Ave. N. – Constance Andrzejek (Conditional) 5943 Idaho Ave. N. – Seth Jacobson 3026 Kentucky Ave. N. – Tyler Minkel 6709 Markwood Dr. N. – Daniel Johnson 3210 Nevada Ave. N. – Nevada 32 Trust 5734 Oregon Ct. N. – SFR II Borrower 2021-3 LLC (Conditional) 5825 Perry Ave. N. – Christina Duong (Conditional) 3501 Regent Ave. N. – Yim Wing Yu (Conditional) 4808 Regent Ave. N. – Chen Zhou (Conditional) 5536 Regent Ave. N. – Chen Zhou (Conditional) 5737 Regent Ave. N. – Adetomi Omotayo 5222 Unity Ct. N. – Nandri LLC 5424 Vera Cruz Ave. N. – Julian Jayasuriya 3149 Winnetka Ave. N. – Jonathan Doolittle 5225 Xenia Ave. N. – Sudi Jannatpour 5627 36th Ave. N. – Charles Mwaura 6910-6940 54th Ave. N. – Kentucky Ln LP (Conditional) 5700 57th Ave. N. – Gerald Ziemiecki (Conditional) Solicitors Joshua Land and Scott Meloy on behalf of Keystone Builders, 11670 Fountains Dr. Ste. 200, Maple Grove, MN 55369 (Pre-approved by City Manager Adam R. Bell on Aug. 17, 2023) Timothy Carlson, Justin Nelson, Kevin O’Keefe and Dawson Tolar on behalf of Lumen Technologies (Centurylink), 100 Centurylink Dr., Monroe, LA 71203 Tobacco Tobacco 18 LLC, dba Tobacco 18, 6016 42nd Ave. N., Crystal, MN 55422 Transient Merchant Casey Dickerson, 4101 E. 46th St., Minneapolis, MN 55406, for sales at VFW Post 494, 5222 56th Ave. N. from Aug. 25 – 27, 2023 (Pre-approved by City Manager Adam R. Bell on Aug. 21, 2023) 5.2 DATE: August 31, 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 IRS - EFTPS Federal & FICA withholding taxes for 8/4/23 pay date $77,557.10 LOGIS Monthly support and hosting $41,026.00 Golden Valley JWC JWC July water charges $357,013.28 Northdale Construction Company 2023 Utility Reconstruction AFP #4 $164,347.01 RTL Construction, Inc.New public safety building project costs $32,758.48 Short Elliot Hendrickson, Inc. Utility Reconstruction project costs $30,192.95 Center for Energy & Environment Home improvement loan/grant program $52,823.90 IRS - EFTPS Federal & FICA withholding taxes for 8/21/23 pay date $80,602.13 MN PERA Employee & city required contributions for 8/21/23 pay date $72,228.43 Odesa II LLC Crystal Highland Park pavement and picnic shelter $51,475.00 Odesa II LLC Bassett Creek Park trail, dog park, pedestrian bridge $219,859.39 Metropolitan Council Environ Svs Wastewater services for September $138,936.19 $1,318,819.86 Description 7.1 Memorandum DATE: August 30, 2023 TO: Mayor and City Council Adam Bell, City Manager FROM: Jodi Bursheim, Abdo Financial Solutions SUBJECT: Consideration of Resolutions Adopting the Proposed 2024 Property Tax Levies, 2024 Preliminary General Fund budget, setting the Public Input date as required by Truth in Taxation regulations, and setting the 2024 Economic Development Authority (EDA) levy. Background The City Council has held work sessions to discuss property tax revenues and budget proposals. The outcomes of these budget work sessions are to provide for a preliminary property tax levy increase of $1,515,022, recognizing the City has the opportunity to reduce the overall property tax levy before the final certification is due on December 28, 2023. However, the property tax levy may not be increased. The overall levy is proposed to increase by 10.0%. The emphasis for the 2024 budget has been to focus on meeting current service demands of the community and legislative mandates while striving for minimal impact on taxpayers, providing competitive wages and benefits to retain quality people, to provide effective and efficient services to our residents and businesses, to continue to invest in future capital needs including Parks and Street Improvements, and to plan for increases in fund balance to meet target levels. While property taxes support approximately 75% of General Fund activity, they also support parks, street reconstruction, and the police revolving fund throughout the city. In addition, property taxes support, through internal service fund allocations, fleet, buildings, and information technology. Throughout the last couple of months, staff and council continued to refine overall revenues and expenditures resulting in a decrease from the original proposed levy of 13.06% to a revised levy increase of 10%. Significant changes included the City leveraging one-time state funding for Police to offset the costs of the new crime analyst position that was proposed in the 2024 Police budget. In addition, the capital funding levy for the Police Equipment Revolving Fund (PERF) was reduced to invest additional dollars to increase general fund balance reserves. (The long-term plan projects adequate funding for this reduced PERF amount). Increased Local Government Aid (LGA) also contributed to additional revenue to offset the planned increase in overall expenditures. It is important to maintain healthy reserves as local governments rely heavily on property tax revenue and need to have sufficient cash flow between property tax collection cycles to maintain operations. The 2024 revised budget reflects an increase of $488,233 to general fund reserves. This amount, as well as existing reserves, could fluctuate based on actual operations. Public Input The City Council must announce a date, time, and place for a public meeting where the budget and tax levy will be discussed. During this meeting, citizens are encouraged to speak on the budget and property tax levy being proposed for 2023. Staff recommends setting December 5, 2023, as the Public Input date for the 2024 property tax levy and budget. 7.2 In addition to the Public Input meeting on December 5, 2023, there will be a presentation held on October 3, 2023, to allow for public comment. Conclusion The City Council is requested to consider approving the 2024 proposed property tax levy, 2024 preliminary General Fund Budget, set the Truth in Taxation Public Input date for December 5, 2023, and approve the 2024 proposed EDA levy. Proposed 2024 Levy 2024 Revised 2024 Increase (Decrease) 2024 % Change General levy 14,818,719$ 1,278,514$ 9.44 % Capital Improvements Police Equipment Revolving 92,211 (68,987) -42.80 Park Improvement 882,753 141,696 19.12 Street Construction 529,047 144,826 37.69 Total Capital Improvements levy 1,504,011 217,536 16.91 EDA 335,172 18,972 6.00 Total levy 16,657,902$ 1,515,022$ 10.00 % 7.2 2024 Budget September 5, 2023 7.2 Agenda Budget Goals Council Goals Budget Timeline 2024 Budget factors General Fund Summary of revenue and expenditures Overview of Increase EDA Summary Property Tax Levy Tax Impacts Council Comments and/or Questions 7.2 Budget Goals Meet service demands of the community and legislative mandates while striving for minimal impact to taxpayers. Meet Council’s four priorities. Provide sound financial planning for a two-year budget that ensures continued core services. Continue to fund future capital needs including Parks & Street Improvements. Monitor economic challenges. Provide competitive wages and benefits to attract and retain quality people to provide effective and efficient services to our residents and businesses. 7.2 Council Goals Thriving Business Climate Beautification and branding (seasonal planters, banners, litter clean-up along major corridors) Outreach to prospective businesses and promotion of new business openings  Strong Neighborhoods Implementation of Parks Master Plan Home improvement grants and loans Code enforcement Public safety Sound Financial Policies Biennial budget Long term plan Utility Study Welcoming/Inclusive Community Inclusive play areas Joint Community Police Partnerships Continued partnership with embedded domestic advocacy group Community events Partnership with Hennepin County – mental health programming 7.2 Budget Timeline September 5th Council to consider preliminary adoption of budget and levies October 3rd Public input presentation December 5th Receive Public Input and Council to consider final budget and levies 7.2 Impacts for 2024 •Utilities staffing increase – one person for meter maintenance and replacements (Paid for by Utility Funds NOT General Fund) •Police staffing increase –Crime Analyst position •Three Elections •Planned capital levy increases •Worker compensation and insurance premium increases •Settled Union Contracts (Police officers and Police Supervisors) •Additional LGA funds •One-time Police Aid •Invest in increased fund reserves •Unsettled labor agreements (Public Works) •City Manager wage allocation change - (50% GF / 50% EDA to 75% GF / 25% EDA) •Property value impacts 7.2 General Fund Summary 2022 2022 2023 2024 2024 % Increase Adopted Actual Adopted Original Revised 2024 REVENUES (2024 Revised over 2023) Property taxes - operations 12,586,094$ 12,488,689$ 13,697,548$ 15,271,008$ $ 14,892,219 9% Special assessments and other 52,000 27,432 71,950 51,950 31,950 -56% Licenses and permits 850,960 850,950 932,660 903,860 918,460 -2% Intergovernmental revenues 1,777,489 1,927,302 1,655,044 1,559,485 3,015,473 82% Charges for services 863,853 876,702 778,475 796,195 752,595 -3% Fines & forfeits 275,000 184,396 186,500 186,500 188,876 1% Investment income 125,000 (173,505) 100,000 100,000 47,000 -53% Miscellaneous 68,000 41,054 44,500 44,500 24,500 -45% Other (interfund servcies transfers-in)505,185 505,214 671,295 704,173 711,601 6% TOTAL REVENUES 17,103,581$ 16,728,234$ 18,137,972$ 19,617,671$ $ 20,582,674 13% EXPENDITURES General Government 2,353,195$ 2,420,396$ 2,573,075$ 2,838,141$ $ 2,747,113 7% Public safety 8,515,723 9,082,615 9,167,039 9,960,740 10,377,741 13% Community Development 742,832 735,302 823,802 862,680 854,612 4% Public works 3,239,980 3,347,970 3,349,558 3,558,026 3,615,761 8% Recreation 2,251,851 2,399,397 2,224,498 2,398,084 2,499,214 12% Other Financing Uses - Transfers Out - - - 488,233 TOTAL EXPENDITURES 17,103,581$ 17,985,680$ 18,137,972$ 19,617,671$ $ 20,582,674 13% 7.2 General Fund Expenditures General Government 13% Public Safety 51% Community Development 4% Public Works 18% Recreation 12% Other - Transfers out 2% 7.2 2024 General Fund Increase - $2,444,702 REVENUES Property taxes $ 1,194,671 Special assessments & other $ (40,000) Licenses & Permits $ (14,200) Intergovernmental revenues $ 1,360,429 Charges for services $ (25,880) Fines & forfeits $ 2,376 Investment income $ (53,000) Miscellaneous $ (20,000) Other $ 40,306 Total $ 2,444,702 EXPENDITURES General Government $ 174,038 Public safety $ 1,210,702 Community Development $ 30,810 Public works $ 266,203 Recreation $ 274,716 Other Financing Uses - Transfers Out $ 488,233 Total $ 2,444,702 7.2 EDA Budget Summary Revenue 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Property Taxes - Adopted Levy 282,744$ 300,000$ 310,122$ 316,200$ 335,172$ Prior Years' Delinquent Taxes 1,191$ 1,471$ 1,605$ -$ -$ Special Assessments*20,107$ 20,003$ 32,839$ 32,834$ 32,834$ Interest Income 79,686$ (10,026)$ (39,171)$ 8,000$ 8,000$ Miscellaneous Revenue -$ 273$ 14,533$ -$ 26,800$ Total Revenue 383,728$ 311,720$ 319,927$ 357,034$ 402,806$ Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Personnel Services 312,634$ 330,071$ 299,173$ 271,358$ 232,708$ Professional, Audit & Legal Services 17,163$ 8,160$ 31,306$ 26,000$ 32,000$ Contractual Services*5,136$ 77,980$ 3,484$ 5,000$ 15,000$ Internal Service Fund Charges -$ 4,568$ 5,186$ 5,215$ 7,354$ Home Improvement Grant Program 40,511$ 91,470$ 33,625$ 25,300$ 26,800$ Branding and Beautification 10,550$ 12,228$ 6,251$ 20,050$ 40,550$ Façade Improvement Grants -$ -$ 12,500$ -$ 40,000$ Miscellaneous Operating Expenses 3,127$ 2,437$ 5,849$ 5,000$ 7,100$ Total Expenditures 389,119$ 526,914$ 397,374$ 357,923$ 401,513$ Net Revenue Over (Under) Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed (5,392)$ (215,194)$ (77,447)$ (889)$ 1,293$ Fund Balance at Year End 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Actual* / Forecast based on budget 2,438,443$ 2,310,250$ 2,232,803$ 2,231,914$ 2,233,207$ *Proceeds from property sales go into the fund balance but do not show up as revenue. This means the year-to-year change in the fund balance may not match that year's net revenue over (under) expenditures. *Special assessments are the method of repayment for EDA financing of installation of fire protection systems. 2024 special assessment revenue is comprised of $20,000 from 6105 42nd Ave N and $12,834 from 5600 56th Ave N. *2021 contractual services expenditures included $64,170 for installation of a fire protection system at 5600 56th Ave N. 7.2 Property Tax Levy 2022 Adopted 2023 Adopted 2023 Increase (Decrease) 2023 % Change 2024 Proposed 2024 Increase (Decrease) 2024 % Change 2024 Revised 2024 Increase (Decrease) 2024 % Change General levy 12,508,518$ 13,540,205$ 1,031,687$ 8.25 % $ 15,222,508 $ 1,682,303 12.42 %14,818,719$ 1,278,514$ 9.44 % Capital Improvements Police Equipment Revolving 158,037 161,197 3,160 2.00 164,421 $ 3,224 2.00 92,211 (68,987) -42.80 Park Improvement 606,999 741,057 134,058 22.09 882,753 $ 141,696 19.12 882,753 141,696 19.12 Street Construction 245,926 384,221 138,295 56.23 529,047 $ 144,826 37.69 529,047 144,826 37.69 Total Capital Improvements levy 1,010,962 1,286,475 275,513 27.25 1,576,221 $ 289,746 22.52 1,504,011 217,536 16.91 EDA 310,000 316,200 6,200 2.00 322,524 $ 6,324 2.00 335,172 18,972 6.00 Total levy 13,829,480$ 15,142,880$ 1,313,400$ 9.50 % $ 17,121,253 $ 1,978,373 13.06 %16,657,902$ 1,515,022$ 10.00 % 7.2 Tax Impacts 2023 2024 Percent of Change Levy * not including HRA $14,826,680 $16,322,730 10.09% Levy - including HRA $15,142,880 $16,657,902 10.00% Net Tax Capacity $27,087,605 $28,903,880 6.71% Tax Rate 46.43%48.28%3.98% Percentile Home Value Estimated Annual Increase Percentage of Increase 10th $242,900 $88 8.47% 30th $269,700 $97 8.31% 50th $293,400 $121 9.51% 70th $320,640 $143 10.25% 90th $374,380 $178 10.81% Proposed Tax Impact for 2024 7.2 2024 Revised Budget reflects Council work session objectives Reduction in Levy increase Revised from 2024 original increase of 13.06% to 10.00% Invest in Long-term Capital Funds Includes additional investment of $217K to capital funds Invest in increasing Fund Balance targets Includes proposed transfer to fund balance of $488K 7.2 Unassigned Fund Balance $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 ACTUAL YE 2019 ACTUAL YE 2020 ACTUAL YE 2021 ACTUAL YE 2022 FORCASTED YE 2023 FORCASTED YE 2024 Unassigned Fund Balance Policy Benchmark (45% of next year's budget)State Auditor 35% Benchmark 7.2 Questions & Comments 7.2 RESOLUTION NO. 2023 - ______ RESOLUTION APPROVING 2024 PROPOSED GENERAL FUND BUDGET, 2024 PRELIMINARY PROPERTY TAX LEVY, SET PUBLIC INPUT DATE FOR THE 2024 BUDGET AND PRELIMINARY PROPERTY TAX LEVY WHEREAS, the City of Crystal is required by Section 7.05 of the City of Crystal Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, Minnesota Statutes require approval of a preliminary property tax levy and preliminary budget on or before September 30th of each year; and WHEREAS, the City Council has received the proposed budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Crystal, Hennepin County, Minnesota, that the Preliminary General Fund 2024 budget shall be as follows: BE IT FURTHER RESOLVED that the following sums of money be levied for collection in 2024 upon the taxable property within the City of Crystal for the following purposes: The EDA levy cannot exceed .0185% of the estimated market value of all property located within the City of Crystal. BUDGET - GENERAL FUND STATEMENT OF REVENUES and EXPENDITURES 2023 2024 2024 % Increase Adopted Original Revised 2024 REVENUES (2024 Revised over 2023) Property taxes - operations 13,697,548$ 15,271,008$ $ 14,892,219 9% Special assessments and other 71,950 51,950 31,950 -56% Licenses and permits 932,660 903,860 918,460 -2% Intergovernmental revenues 1,655,044 1,559,485 3,015,473 82% Charges for services 778,475 796,195 752,595 -3% Fines & forfeits 186,500 186,500 188,876 1% Investment income 100,000 100,000 47,000 -53% Miscellaneous 44,500 44,500 24,500 -45% Other (interfund servcies transfers-in)671,295 704,173 711,601 6% TOTAL REVENUES 18,137,972$ 19,617,671$ $ 20,582,674 13% EXPENDITURES General Government 2,573,075$ 2,838,141$ $ 2,747,113 7% Public safety 9,167,039 9,960,740 10,377,741 13% Community Development 823,802 862,680 854,612 4% Public works 3,349,558 3,558,026 3,615,761 8% Recreation 2,224,498 2,398,084 2,499,214 12% Other Financing Uses - Transfers Out - - 488,233 TOTAL EXPENDITURES 18,137,972$ 19,617,671$ $ 20,582,674 13% Proposed Levy 2024 Proposed Revised Levy General levy $14,818,719 Capital Improvements Police Equipment Revolving 92,211 Park Improvement 882,753 Street Construction 529,047 Total Capital Improvements Levy 1,504,011 EDA 335,172 Total levy $16,657,902 7.2 BE IT FURTHER RESOLVED that the Truth in Taxation public input meeting will be held on December 5, 2023, and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to transmit this information to the County Auditor of Hennepin County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. Adopted by the Crystal City Council this 5th day of September 2023. Reviewed for Administration: Adopted by the City Council September 5, 2023 City Manager Mayor Attest: City Clerk 7.2 RESOLUTION NO. 2023 - ______ RESOLUTION APPROVING 2024 PROPOSED ECONOMIC DEVELOPMENT AUTHORITY PROPERTY TAX LEVY WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”), the City Council of the City of Crystal created the City of Crystal Economic Development Authority (the “Authority”); and WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the City to be expended for the purposes authorized by the EDA Act; and WHEREAS, such levy may be in an amount not to exceed .0185 percent of the estimated market value of the City; and WHEREAS, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the City in the amount of $335,172; and WHEREAS, based upon such budgets, the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; NOW THEREFORE BE IT RESOLVED by the City of Crystal City Council: 1. That approval is hereby given for the Authority to levy, for taxes payable in 2024, such tax upon the taxable property of the City as the Authority may determine, subject to the limitations contained in the EDA Act. Adopted by the Crystal City Council on September 5, 2023 Reviewed for Administration: Adopted by the City Council September 5, 2023 City Manager Mayor Attest: City Clerk 7.2 Memorandum DATE: September 1, 2023 TO: Mayor and City Council FROM: City Manager Adam R. Bell SUBJECT: Consideration of the second reading of an ordinance requiring a license and imposing regulations on the retail sale of edible cannabinoid products, and a resolution approving summary language for publication of the ordinance. ____________________________________________________________________ Background At the August 15th City Council meeting, the Council adopted an interim ordinance requiring a license and imposing regulations on the retail sale of edible cannabinoid products that went into effect on August 15, 2023. At the same time, the Council approved the first reading of a regular ordinance imposing the same regulations. The proposed regular licensing ordinance is enclosed again for consideration of a second reading and adoption. Also included is the required resolution summary publication of the ordinance. Recommended Action Motion approving the second reading and adoption of the proposed ordinance and the approval of the resolution for summary publication. 7.3 1 CR205-30-894493.v3 CITY OF CRYSTAL ORDINANCE NO. 2023-05 AN ORDINANCE REQUIRING A LICENSE AND IMPOSING REGULATIONS ON THE RETAIL SALE OF EDIBLE CANNABINOID PRODUCTS The City of Crystal ordains: Section 1. Purpose. The purpose of this ordinance is to establish licensing and sale regulations for the retail sale of edible cannabinoid products derived from hemp as provided in Minnesota Statutes, section 151.72. Section 2. Legislative Findings. The city council hereby finds and determines as follows: (a) In 2022, the Minnesota Legislature’s amended Minnesota Statutes, section 151.72 to expressly allow the sale of edible products that contain tetrahydrocannabinol (“THC”) without any associated licensing requirements. (b) The unexpected change in the law, the lack of licensing and other regulatory standards, and the concerns regarding the potential impacts of the sale of edible cannabinoid products resulted in the city council acting on August 16, 2022 to enact a one-year moratorium on the sale of THC Products. (c) Since that time, the city has studied the issue and anticipated the Legislature would provide additional guidance and regulation during the 2023 session on the sale of such products. While the Legislature did adopt a 321-page cannabis bill, it essentially maintained the status quo regarding the sale of edible cannabinoid products under Minnesota Statutes, section 151.72 until the newly established Office of Cannabis Management begins licensing cannabis businesses. (d) Because the Office of Cannabis Management is not likely to begin issuing licenses to sell lower-potency hemp products until early 2025, and faced with continuing uncertainties associated with the sale of edible cannabinoid products, the city council determines it is in the best interests of the city to require a license to sell such products and to impose related regulations until the Office of Cannabis Management assumes the licensing of cannabis businesses. Section 3. Definitions. For the purposes of this ordinance, the following terms shall have the meanings given them in this section. If a term is not defined herein, it shall have the meaning given it in Minnesota Statutes, section 151.72 or, if not defined therein, the definition given the term in the Crystal city code. Subd. 1. Advertisement. “Advertisement” has the meaning given the term in Minnesota Statutes, section 342.01, subdivision 5. Subd. 2. City. “City” means the City of Crystal, Minnesota. 7.3 2 CR205-30-894493.v3 Subd. 3. Compliance Checks. “Compliance checks” means the system the city uses to investigate and ensure that those authorized to sell edible cannabinoid products are following and complying with the requirements of this ordinance and state laws. Compliance checks involve the use of compliance check minors, as authorized by this ordinance, who purchase or attempt to purchase edible cannabinoid products. Compliance checks may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to edible cannabinoid products. Subd. 4. Controlled Substance. “Controlled substance” has the meaning given the term in Minnesota Statutes, section 152.01, subdivision 4, as amended. Subd. 5. Crystal City Code. “Crystal city code” means the most current version of The Crystal City Code. Subd. 6. Delivery Sales. “Delivery sales” mean the sale of any edible cannabinoid product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a retail establishment. Delivery sales include, but are not limited to, the sale of any edible cannabinoid products when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sales include delivery by licensees or third parties by any means, including curbside pick- up. Subd. 7. Edible Cannabinoid Product. “Edible cannabinoid product” means any product containing nonintoxicating cannabinoids extracted from hemp that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72. The term includes edible cannabinoid products as defined in Minnesota Statutes, section 151.72, subdivision 1(f). The term does not include medical cannabis as defined in Minnesota Statutes, section 152.22, subdivision 6. Subd. 8. Eligible Business. “Eligible business” means a business located within the city that has a current tobacco license to sell tobacco or tobacco products at retail issued by the city under Chapter XI, Section 1105 of the Crystal city code, or that has a current on-sale or off-sale liquor license to sell intoxicating liquor issued by the city under Chapter XII of the Crystal city code. Subd. 9. Hemp. “Hemp” has the same meaning given the term in Minnesota Statutes, section 18K.02, subdivision 3, as it may be amended. Subd. 10. Label. “Label” has the same meaning given the term in Minnesota Statutes, section 151.01, subdivision 18, as it may be amended. Subd. 11. Labeling. “Labeling” has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(i). 7.3 3 CR205-30-894493.v3 Subd. 12. Licensee. “Licensee” means the entity issued a license under this ordinance to sell edible cannabinoid products at retail. Subd. 13. Moveable Place of Business. “Moveable place of business” means any form of business operated out of a kiosk, truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Subd. 14. Lot. “Lot” has the same meaning given the term in Section 505, subdivision 90 of the Crystal city code. Subd. 15. Ordinance. “Ordinance” means this ordinance requiring a license and imposing regulations on the retail sale of edible cannabinoid products. Subd. 16. Outdoor Advertisement. “Outdoor advertisement” has the meaning given the term in Minnesota Statutes, section 342.01, subdivision 58. Subd. 17. Product Label. “Product label” has the same meaning given the term “label” in Minnesota Statutes, section 151.72, subdivision 1(h). Subd. 18. Public Park. “Public park” means an open space, playground, athletic field, or other facility owned by the City, a school district, the county, or other public entity that is open to, and regularly used by, those under the age of 21. Subd. 19. Residential Treatment Facility. “Residential treatment facility” means a facility providing mental health, alcohol, or drug treatment services established or operated in accordance with Minnesota Rules, chapter 2960, or Minnesota Statutes, chapters 245G or 260C. Subd. 20. School. “School” means a public or private facility that provides educational programs to 10 or more persons that are under the age of 21 in a classroom setting. The term includes, but is not limited to, any school operated by an independent school district or a charter school operating under Minnesota Statutes, chapter 124E. Subd. 21. THC. Means tetrahydrocannabinol. Subd. 22. Self-Service Merchandising. Open displays of edible cannabinoid products in any manner where any person has access to the edible cannabinoid products without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention means the actual physical exchange of the edible cannabinoid product between the customer and the licensee or employee. Subd. 23. Vending Machine. Any mechanical, electric, or electronic, or other type of device that dispenses edible cannabinoid products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the edible cannabinoid product. 7.3 4 CR205-30-894493.v3 Section 4. License. Subd. 1. Required. No person may directly or indirectly, or by means of any device, keep for retail sale, sell at retail, offer to sell, or otherwise dispose of any edible cannabinoid product at retail at any place in the city without first having obtained a license from the city issued in accordance with the provisions of this ordinance. Subd. 2. Eligibility. The city shall only issue a license to sell edible cannabinoid products to an eligible business that qualifies to receive a license under the requirements of this ordinance. Subd. 3. Manufacturing Exception. No license is required under this ordinance for the manufacturing of edible cannabinoid products or the sale by a manufacturer of its products to resellers, provided the manufacturer does not sell edible cannabinoid products directly to the public. Section 5. Ineligible Places and Operations. The city shall not issue or renew a license under this ordinance to sell edible cannabinoid products to: (a) A business or operation that does not qualify as an eligible business under this ordinance; (b) A business located, or proposed to be located, on a lot that is within: (1) 1,000 feet of a school; (2) 500 feet of a residential treatment facility; or (3) 500 feet of a public park; Distance shall be measured between boundaries of the lot containing the business and the lot containing the school, treatment facility, or public park. If a lot contains both a school and a public park, the 1,000 foot distance shall apply. (c) A business providing delivery sales of any edible cannabinoid products; (d) A moveable place of business; (e) A business utilizing a vending machine to sell edible cannabinoid products; (f) A business located at a premise on which taxes, assessments, or other financial claims of the city are delinquent and unpaid. If an action has been commenced pursuant to the provisions of Minnesota Statutes, chapter 278, questioning the amount or validity of taxes, the city council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee; or 7.3 5 CR205-30-894493.v3 (g) A business that is in violation of one or more provisions of the Crystal city code related to its operations as an eligible business. Section 6. Application Procedure. An application for a license shall be submitted and processed in accordance with this section. Subd. 1. License Application. An application for a new or renewed license to sell edible cannabinoid products shall be made on a form provided by the city and filed, along with all required fees, with the city clerk. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, information to establish the business qualifies as an eligible business, a site plan for the business, and any additional information the city deems necessary. If the city clerk determines an application is incomplete, the city clerk shall provide the applicant notice of the information necessary to make the application complete. The city shall not process an application until it is made complete. Upon receipt of a completed application, the city clerk shall forward the application to the Police Department to conduct a background investigation. Subd. 2. Fees. No license shall be processed or issued under this ordinance until the appropriate fees have been paid in full. The fees for a license under this ordinance shall be established by city council resolution. Fees are not prorated for licenses issued for less than a full year. Subd. 3. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application must include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent must, by the terms of their written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. A licensee must notify the city in writing within 14 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. Subd. 4. License Decision. The city council may grant or deny a license application. The city council may also continue its consideration of a license if it determines it needs additional information before making its decision. Any of the following are grounds for denial or nonrenewal of a license. (a) The business does not qualify as an eligible business or is an ineligible business or operation under section 5 of this ordinance. (b) The applicant is under the age of 21 years old. (c) The applicant has been convicted within the past three years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to edible cannabinoid products, controlled substances, or the operation of the eligible business. (d) The applicant has had a license to sell edible cannabinoid products, tobacco products, 7.3 6 CR205-30-894493.v3 or liquor suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell edible cannabinoid products, whether in the city or in another jurisdiction, that has had a license to sell edible cannabinoid products suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension. (e) The applicant is the spouse, parent, stepparent, grandparent, brother, or sister, by blood or marriage, of a person ineligible for a license under this ordinance who the city council determines is not the real party in interest or is not the beneficial owner of the business to be operated under the license. (f) The applicant is a business that does not have an operating manager or agent who is eligible pursuant to the provisions of this ordinance. (g) The applicant provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall cause an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect upon written notice of the city. (h) The proposed location does not meet all applicable zoning requirements or requirements of this ordinance. (i) The applicant is prohibited by federal or state law, local ordinance, or other regulation, from holding such a license. (j) The applicant failed to provide information required by the application or provided false or misleading information. Subd. 5. Term. All licenses issued under this ordinance shall expire on December 31 of each calendar year, unless it is revoked, suspended, or forfeited prior to that date. Subd. 6. Renewal. An application to renew a license must be submitted at least 30 days prior to the expiration of the current license. The issuance of a license issued under this ordinance is a privilege and does not entitle the license holder to automatic renewal of the license. Subd. 7. Non-Transferable. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person or business to whom the license was issued. The transfer of any license to another location, business, or person is prohibited. Section 7. Operational Requirements. Subd. 1. License Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 7.3 7 CR205-30-894493.v3 Subd. 2. Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of edible cannabinoid products on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Subd. 3. Product Compliance. All edible cannabinoid products shall comply with the requirements of Minnesota Statutes, section 151.72 including, but not limited to, that they do not contain more than 0.3 percent of any tetrahydrocannabinol, more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Subd. 4. Product Display. All edible cannabinoid products shall be stored either: (a) behind a counter or other area not freely accessible to customers; or (b) in a case or other storage unit not left open and accessible to the general public. Subd. 5. Age Posting. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where edible cannabinoid products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. Subd. 6. Age Verification. A licensee’s employees shall verify by means of government issued photographic identification that any purchaser of an edible cannabinoid product is at least 21 years of age. Subd. 7. Advertisement. A licensee shall not advertise edible cannabinoid products in a manner that would violate any of the limitations imposed on the advertisement of lower-potency hemp edibles under Minnesota Statutes, section 342.64, which is hereby incorporated by reference. The City Council determines that using a neon, flashing, or moving image or message window sign to advertise edible cannabinoid products is likely to appeal to individuals under 21 years of age in violation of Minnesota Statutes, section 342.64, subdivision 1(5), and so is prohibited by this Ordinance. Subd. 8. Sales. Edible cannabinoid products may only be sold in a direct face-to-face exchange between the licensee’s employee and the consumer. The licensee’s employees selling edible cannabinoid products must be at least 21 years old. It shall be a violation of this ordinance for a licensee to give away, dispense, sell, or offer to sell any edible cannabinoid product in a manner that violates any of the following: (a) To a person under the age of 21 years old. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied upon proof of age; (b) Through the use of a vending machine or similar automated dispensing device; (c) In a manner that does not comply with the requirements of Minnesota Statutes, section 151.72 including, but not limited to, the packaging, labeling, and other requirements provided by that section; 7.3 8 CR205-30-894493.v3 (d) At any location outside of the licensed premises; (e) By self-service, or in open displays which are accessible to the public without the assistance or intervention of a store employee; (f) By a mobile business, including but not limited to motorized vehicles, moveable sales kiosks, or trailers. Licenses shall be issued to fixed location businesses only; (g) By delivery sales; (h) By any employee under the age of 21 years; (i) To a visibly intoxicated person; (j) By the means of providing samples of any edible cannabinoid product free of charge or at a nominal cost; or (k) To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. Subd. 9. Inspections. The premises licensed under this ordinance must be open to inspection by any authorized representative of the city during regular business hours for purposes of ensuring compliance with this ordinance. Subd. 10. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended by the city council for a violation of any provision of this ordinance as provided herein. Section 8. Other Prohibited Acts. Subd. 1. Non-Compliant Products. No person shall sell or offer for sale a product containing THC, including edible cannabinoid products, that does not meet all the applicable requirements in Minnesota Statutes, section 151.72. Subd. 2. Presumptions. Edible cannabinoid products shall comply with the labeling requirements in Minnesota Statutes, section 151.72, subdivision 5 and all other applicable labeling requirements. The city may presume, for the purposes of enforcing this ordinance, an edible cannabinoid product being offered for sale or that is sold by a licensee has been tested by an independent lab as required in Minnesota Statutes, section 151.72, subdivision 4 and that the information contained on the product label is accurate. Subd. 3. Purchase for Others. It is a misdemeanor violation of this ordinance for any person 21 years of age or older to purchase or otherwise obtain any edible cannabinoid product on behalf of a person under the age of 21. 7.3 9 CR205-30-894493.v3 Section 9. Compliance Checks. The city may from time-to-time conduct unannounced compliance checks of licensed establishments. No person used in compliance checks may attempt to use a form of identification that misrepresents the person’s age. All persons lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee or their employee, and produce any identification, if any exists, for which they are asked. The city will conduct a compliance check that involves the participation of a person at least 18 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase the edible cannabinoid products. Persons used for the purpose of compliance checks shall be supervised by law enforcement or other designated personnel. Nothing in this ordinance shall prohibit compliance checks authorized by state or federal laws for businesses manufacturing, storing, or selling edible cannabinoid products under any applicable federal or state law. The compliance checks authorized by this ordinance are in addition to any other compliance checks that may be performed related to the tobacco or liquor license held by an eligible business. Section 10. License Actions. Subd. 1. Basis for Action. The city may suspend, revoke, or nonrenew a license issued under this ordinance for any of the following reasons: (a) The applicant has been convicted within the past three years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to the licensed activity, or has had a license to sell edible cannabinoid products, tobacco, or liquor revoked or suspended within the past five years; (b) Fraud, misrepresentation, bribery, or incorrect statement contained in the application for license, or made in carrying on the licensed activity; (c) Actions that are unauthorized or otherwise beyond the scope of the license granted; (d) Violation of any federal, state, or local regulation or provision; (e) Failure to continuously comply with all conditions required as part of the license; (f) Failure to comply with the applicable zoning code; (g) Failure to pay an administrative penalty imposed by the city council; or (h) The city discovers the license was mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this ordinance. Subd. 2. Process. The city will provide a licensee at least five days written notice of a hearing to be held before the city council on the potential suspension, revocation, or nonrenewal of its license. The licensee shall be provided an opportunity to be heard at the hearing. If the city council acts to suspend, revoke, or not renew the license, the city will provide the licensee a written 7.3 10 CR205-30-894493.v3 notice of the period of suspension, or of the revocation or nonrenewal. All sales of edible cannabinoid products must cease during a suspension period or permanently upon revocation or nonrenewal of the license. Section 11. Violation. Unless expressly indicated otherwise, a violation of this ordinance is a misdemeanor. The city may also impose administrative penalties on a licensee for violation of this ordinance. Any administrative penalties may be imposed by the city council, or by administrative citation, and shall be collected in accordance with the Crystal city code. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Section 12. Severability and Savings. If any section or portion of this ordinance is found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as invalidation or affect the validity and enforceability of any other section or provision of this ordinance. Section 13. Effective Date and Term. This ordinance shall become effective on the first day of publication after adoption. This ordinance shall terminate and no longer be effective once the sale of edible cannabinoid products is no longer allowed except upon the issuance of a license to sell lower- potency hemp edibles by the Office of Cannabis Management under Minnesota Statutes, chapter 342. Section 14. Incorporation. This ordinance incorporates by reference the sections or provisions of the Crystal city code as may be needed to give effect to the provisions of this ordinance and to otherwise carry out its intent. Section 15. Not Codified. Because this ordinance has a limited duration, it will not be codified into the Crystal city code. Adopted this 5th day of September, 2023. BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk First Reading: August 15, 2023 Publication: September 14, 2023 Second Reading: September 5, 2023 Effective Date: October 14, 2023 Council Adoption: September 5, 2023 7.3 1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2023 - ___ RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2023 – 05 WHEREAS, the Crystal City Council adopted Ordinance No. 2023-05 “An Ordinance Requiring a License and Imposing Regulations on the Retail Sale of Edible Cannabinoid Products” (the “Ordinance”) at its meeting held on September 5, 2023; and WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal City Code indicate that ordinances approved by the City Council will be published in summary form and that the City Council is to approve the form of the summary. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the following summary language is hereby approved for publication of the Ordinance: CITY OF CRYSTAL ORDINANCE #2023 - 05 AN ORDINANCE REQUIRING A LICENSE AND IMPOSING REGULATIONS ON THE RETAIL SALE OF EDIBLE CANNABINOID PRODUCTS SUMMARY OF ORDINANCE No. 2023-05 Ordinance No. 2023-05 has been approved by the city council on September 5, 2023. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The City Council adopted the above referenced interim ordinance establishing a licensing requirement for the retail sale of edible cannabinoid products. The ordinance establishes eligibility requirements to obtain a license and imposes regulations on businesses selling edible cannabinoid products. A copy of the full text of the ordinance is available on the City’s website and by contacting the City Clerk. BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do each of the following: 1. Publish the approved summary language once in the City’s official newspaper; 2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of the summary language in the City’s ordinance book; 7.3 2 3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk during the City’s regular business hours; and 4. Post the Ordinance on the City’s website. Adopted this 5th day of September, 2023. ______________________________ Jim Adams, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 7.3 Memorandum DATE: September 5, 2023 TO: City Council FROM: Mark Ray, PE, Crystal Director of Public Works Pat Sele, Utilities Superintendent SUBJECT: JWC valve replacement project Background Annually, the JWC allocates funding to valve replacement work along JWC water mains. The valves along water mains are used to control water flow between sections of pipe. Valves can be used to isolate sections of water mains for emergency repairs or planned work. The most recent example of this was the water main break earlier this year on the JWC main on 42nd Ave near Georgia. One of the proposed valves to be replaced this year is located at the intersection of 41st Ave and Douglas Drive. Due to the scope of the work, the city solicited quotes from contractors to assist with this project. As noted in the quotes, this project will involve both city and contractor staff with the city providing a variety of support and restoration. Quotes Two quotes were obtained for this work: •Valley Rich $34,900 •United Water and Sewer $39,400 Project Cost Valley Rich was the low quote. As noted previously, there are a variety of other costs associated with this project. That said, all the costs will be paid by the Joint Water Commission (reimbursement to the city). Project Funding The JWC CIP has over $100,000 allocated for valve replacements. The only city costs for this will be staff time managing and executing the project, and equipment/vehicle time. All contractor and material costs will be reimbursed by the JWC. Attachment •Valley Rich quote Recommended Action Motion authorizing the contract for the JWC valve replacement project. 7.4 RESOLUTION NO. 2024- _____ AUTHORIZING THE CONTRACT FOR JWC VALVE REPLACEMENT 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 Joint Water Commission’s (JWC) Capital Improvement Project has funds available for valve replacement projects; and WHEREAS, the City is acting on behalf of the JWC in administering this contract; and WHEREAS, the City has obtained bids for the work; and WHEREAS, Valley Rich has a long history of successful work in the City. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the contract with Valley Rich for the JWC valve replacement 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 5th day of September 2023. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 7.4 Date: 8/22/23 Bid: #23486 J Project: 41st Ave and Douglas 24” Gate Valve Replacements Location: Crystal, MN Site Utilities Valley-Rich Co., Inc. will provide labor and equipment needed to excavate, remove manholes for the replacement of a 24” gate valves at above address. We will also cut in 24” tee and install a new hydrant/valve lateral. All parts, trucking (soils in/out), vac truck, traffic control and restoration are by the city. Base Bid: $34,900 Note: This proposal is good for 15 days from the bid date in order to lock in our material prices with our vendors. The maximum depth of trenches and structures is assumed to be 10 feet when information is not provided. Respectfully, John Miklya Exclusions: Dewatering, county permits, soil correction and/or replacement, pipe support, removal of buried obstructions, jacking, frost charges, rock excavation, construction staking, restoration (other than listed above), compaction tests, hauling of excess soils, erosion control/inlet protection, hazardous material handling, tree removal and/or replacement, grubbing, sheeting, shoring, bracing, and private utility locates. 147 Jonathan Blvd. N., Ste. 4 Chaska, Minnesota 55318 Office: (952) 448-3002 Fax: (952) 448-3362 7.4 Page 1 of 4 ___________________________________________________________________________________  FROM: John Sutter, Community Development Director TO: Adam R. Bell, City Manager (for Sep. 5 meeting) DATE: August 30, 2023 SUBJECT: Consider a resolution authorizing execution of a Petition and Waiver Agreement with Mejron Properties LLC for installation of a fire protection system at 3600 Douglas Dr. N. (Wine Thief and Ale Jail). ___________________________________________________________________________________  BACKGROUND In March 2018 the City Council adopted a no-interest financing option for installation of fire protection systems (sprinklers) in existing buildings. The following is a summary of the program’s purpose and parameters: Public Purpose: To reduce the potential for loss of life for building occupants and first responders To preserve and enhance the value of real property To prevent the emergence of blight in older buildings To improve the utilization of older buildings to create jobs and economic opportunities To counteract the combination of physical constraints, building age and market forces that make fire sprinklers infeasible for some properties Parameters for City Financing: No interest charges - principal payback only. Payback occurs through a special assessment against the property. A petition by the property owner is required. 5 year payback term - 10 semiannual payments due with property taxes (May 15 & October 15 each year). The city self-finances this program with the EDA fund balance. Assistance with installation of fire suppression systems is an eligible EDA expenditure under M.S. 469.002, Subd. 14, (5)(i) and (ii). Special assessment repayments will be credited to the EDA fund. This program was previously used in two locations: Elision Playhouse at 6105 42nd Ave. N. In 2019 the city approved $100,000 of financing. 2020 was the first year of repayment and the owner is current on the payments. Multi-tenant commercial building at 5600 56th Ave. N. In 2020 the city approved $64,170 of financing. 2022 was the first year of repayment and the owner is current on the payments. COUNCIL STAFF REPORT Fire Protection System at 3600 Douglas Dr Special Assessment Financing 7.5 Page 2 of 4 SUBJECT PROPERTY The commercial building at 3600 Douglas Dr. N. was purchased in 2022 by Mejron Properties, which is renovating the building to convert it into a wine and beer store, and also adding to the north side of the building. PROPOSED PROJECT 7.5 Page 3 of 4 7.5 Page 4 of 4 PROPOSED CITY FINANCING Under Section 1306 of the building code, a fire protection system (fire sprinklers) must be installed as part of the renovation and addition. The estimated cost of the fire protection system is $70,971, but after deducting the estimated $11,500 for the addition which is not eligible for city financing, the estimated eligible cost is $59,471. Because this is just an estimate, the proposed special assessment financing would be for the actual eligible costs up to $92,000 which, at 25% of the most recent Estimated Market Value for the property, is the maximum amount of city financing in this case. Any costs above $92,000 would be financed in some other way by the owner. The $59,471 estimated eligible project cost is comprised of the following: $32,203 Dave Perkins Contracting - new water service from 36th Avenue $23,000 Escape Fire Protection - fire sprinkler system (existing building portion) $ 4,268 Firenet Systems - fire alarm system The actual amount of interest-free special assessment financing would be the final cost of the fire protection system or $92,000, whichever is less. For example, if the final cost ends up being the currently-estimated $59,471, then the owner would pay ten installments of $5,947.10 due with the semiannual property tax payments in May and October. Because the project will not likely be completed in time to certify the assessment to taxes payable in 2024, it is likely that the repayments would occur in 2025-2029. REQUESTED COUNCIL ACTION Staff recommends that the Council adopt the attached resolution authorizing the Mayor and City Manager to execute the Petition and Waiver Agreement. 7.5 Page 1 of 2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION AUTHORIZING EXECUTION OF PETITION AND WAIVER AGREEMENT BY AND BETWEEN THE CITY OF CRYSTAL AND MEJRON PROPERTIES, LLC WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, pursuant to City Resolution 2018-29, Minnesota Statutes, section 429.021, subd. 1(15), and Minnesota Statutes, section 429.031, subd. 3, the City has determined to finance a project involving the installation of a fire protection system at 3600 Douglas Dr. N. (the “Improvement Project”); and WHEREAS, the Owner of the aforementioned property, as described below, intends to contract for the Improvement Project and the City will provide financing for the costs thereof in an amount not to exceed $92,000.00; and WHEREAS, the City wishes to ensure that it will have a valid and collectible special assessment when levied against the property benefited by its financing of the Improvement Project, pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, Mejron Properties, LLC, a Limited Liability Company under the laws of the State of Minnesota (the “Owner”) is the fee owners of the property benefited by the Improvement Project; and WHEREAS, the Owner has executed a Petition and Waiver Agreement (the “Petition and Waiver Agreement”) requesting that the City finance the Improvement Project and levy the special assessment against said property without hearing or notice of hearing and waiving any right to appeal the special assessment under Minnesota Statutes, Chapter 429; and WHEREAS, the City would not be willing to finance the costs of the Improvement Project without hearings or notices of hearings without the assurances and covenants regarding the special assessment included in the Petition and Waiver Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal, Minnesota that the mayor and city manager are authorized and directed to execute the Petition and Waiver Agreement on behalf of the City. 7.5 Page 2 of 2 Adopted by the Crystal City Council this 5th day of September, 2023. ____________________________________ Jim Adams, Mayor ATTEST: ________________________________ Chrissy Serres, City Clerk 7.5 1 FIRE PROTECTION SYSTEM PETITION AND WAIVER AGREEMENT This Fire Protection System Petition and Waiver Agreement (the “Agreement”) is made this ___ day of _____________, 2023, by and between the City of Crystal, a Minnesota municipal corporation (the “City”), and Mejron Properties, LLC, a Limited Liability Company under the laws of the State of Minnesota (the “Owner”). WITNESSETH: WHEREAS, the Owner is the owner of certain real property (the “Subject Property”) located in the City, the legal description of which is set forth on Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires for the City to finance the installation of a fire protection system to serve the Subject Property (the “Improvement Project”) in accordance with City Resolution 2018-29, Minnesota Statutes, section 429.021, subd. 1(15), and Minnesota Statutes, section 429.031, subd. 3; and WHEREAS, the Owner is requesting that the City finance the Improvement Project and specially assess the costs thereof against the Subject Property without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project; and WHEREAS, the City is willing to finance the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property and its financing of the Improvement Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not finance the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit of, the Owner. 7.5 2 NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows: 1. The Owner hereby petitions the City for construction of the Improvement Project. The City has reviewed the plans and specifications for the Improvement Project, prepared by Escape Fire Protection dated August 22, 2023 and Firenet Systems dated August 23, 2023 (the “Plans”), which shall be incorporated into this Agreement as if fully set forth herein. The City has also reviewed the cost estimates for the entirety of the Improvement Project, prepared by Escape Fire Protection dated June 19, 2023 and Firenet Systems dated July 17, 2023, together with actual incurred costs by Dave Perkins Contracting dated October 20, 2022 (collectively, the “Proposal”), which are also incorporated into this Agreement as if fully set forth herein. The Owner will contract directly for the Improvement Project, including all elements contained within the Proposal which shall be constructed in their entirety. Upon full completion of the Improvement Project and final approval by the City, the Owner may request reimbursement from the City for its costs, as more fully detailed in paragraph 3 of this Agreement, and the Owner further petition for said costs to be specially assessed against the Subject Property according to the terms and conditions contained in this Agreement. 2. The Owner represents and warrants it is the fee owner of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, that in doing so it is not in violation of the terms or conditions of any instrument or agreement of any nature to which it is bound or which relates in any manner to the Subject Property and that there are no other liens or encumbrances against the Subject Property except those of record as of this date. 3. The estimated cost of the Improvement Project in light of the Proposal is $59,471.00, although the total cost will not be known until completion of the Improvement Project, and the Owner hereby requests that the first $92,000.00 of the cost of the Improvement Project be financed by the City and specially assessed against the Subject Property. The Owner consents to the City levying a special assessment for the Improvement Project against the Subject Property, the principal amount of which shall not exceed the lesser of the actual cost of the Improvement Project, including all of the City’s costs incurred as it relates to the Improvement Project, including legal, engineering, and other consulting fees, or $92,000.00. The Owner acknowledges and understands that the City will not contribute more than $92,000.00 toward the Improvement Project and, accordingly, the Owner will be responsible for any and all costs exceeding that figure. 4. The Owner waives notice of hearing and hearing pursuant to Minnesota Statutes, section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minnesota Statutes, section 429.061, and specifically request that the Improvement Project be constructed and special assessments levied against the Subject Property without such hearings. 7.5 3 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minnesota Statutes, section 429.081, and further specifically agree with respect to such special assessments against the Subject Property that: a. Any requirements of Minnesota Statutes, chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to the amount specified in paragraph 3, and that such increase in fair market value is a special benefit to the Subject Property; and c. Assessment of the amount specified in paragraph 3 against the Subject Property is reasonable, fair and equitable. 6. The Owner understands and agrees that the City will allow the payment of such special assessments by the Owner in installments over a period of five years and bearing no interest. The Owner further understands and agrees that the City will allow the prepayment of the special assessments. 7. The Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and the Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota; and they agree to make any changes in this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder at the request of the Owner. 10. If the Owner request the abandonment of the Improvement Project, it agrees to reimburse the City for all costs incurred by the City prior to the abandonment, and said costs may still be assessed under this Agreement if not directly paid by the Owner. [remainder of page left intentionally blank] 7.5 4 IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF CRYSTAL By: Jim Adams Mayor By: Adam R. Bell City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2023, by Jim Adams and Adam R. Bell, the Mayor and City Manager, respectively, of the City of Crystal, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public 7.5 5 OWNER MEJRON PROPERTIES, LLC By: Its: STATE OF ______________ ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2020, by as of Mejron Properties, LLC, a Limited Liability Company, on behalf of the Limited Liability Company. Notary Public This document was drafted by: KENNEDY & GRAVEN, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 (612) 337-9300 7.5 A-1 684651.v1 EXHIBIT A Legal Description of Subject Property Lot 7, Block 1, Schwartz Addition, Hennepin County, Minnesota. 7.5