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2024.03.19 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 15, 2024 City Council Meeting Schedule Tuesday, March 19 , 2024 Time Meeting Location 6:30 p.m. City Council work session to discuss: 1. West Metro Fire-Rescue District quarterly update. 2. Moving cannabis location limits to the Unified Development Code. 3. Council liaison reports. 4. City manager monthly check-in. 5. Constituent issues. 6. New business. 7. Announcements. Council Chambers/Zoom 7 p.m. City Council meeting Council Chambers/Zoom Immediately following the City Council meeting Economic Development Authority (EDA) meeting Council Chambers/Zoom Immediately following the EDA meeting Continuation of City Council work session, if necessary Council Chambers/Zoom The public may attend the meetings via Zoom by connecting through one of the methods identified below. Topic: Crystal City Council work session, City Council meeting , EDA meeting and continuation of City Council work session, if necessary. Time: March 19, 2024, 6:30 p.m., Central Time (US and Canada) Join Zoom Meeting: https://us02web.zoom.us/j/84426510747?pwd=M0xJWGpabklTeUR4Q0tsMlZQekllZz09 Meeting ID: 844 2651 0747 | Passcode: 414141 One tap mobile: +13126266799,,84426510747#,,,,*414141# US (Chicago) +16469313860,,84426510747#,,,,*414141# US Dial by your location: +1 312 626 6799 US (Chicago) +1 669 444 9171 US +1 646 931 3860 US +1 669 900 6833 US (San Jose) +1 929 205 6099 US (New York) +1 689 278 1000 US +1 301 715 8592 US (Washington DC) +1 719 359 4580 US +1 305 224 1968 US +1 253 205 0468 US +1 309 205 3325 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/keHyXNV3AA Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 15, 2024 City Council Work Session Agenda Tuesday, March 19, 2024 6:30 p.m. Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held on Tuesday, March 19, 2024, 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 Economic Development Authority 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, March 19, 2024. I. Attendance Council members Staff ____ Onesirosan ____ Bell ____ Adams ____ Gilchrist ____ Budziszewski ____ Therres ____ Cummings ____ Elholm ____ Eidbo ____ Larson ____ Kamish ____ Revering ____ Kiser ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. West Metro Fire -Rescue District quarterly update. 2. Moving cannabis location limits to the Unified Development Code. 3. City Council liaison reports.* 4. City manager monthly check-in. 5. Constituent issues.* 6. New business.* 7. Announcements.* III. Adjournment The work session adjourned at ______ p.m. * Denotes no documentation 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. 1 West Metro Fire-Rescue District March 19, 2024 Crystal Council Quarterly Update ADMINISTRATION/OPERATIONS REPORT Calls for Service Report January 1 – December 31, 2023 Total Calls for Service 2148 Estimated fire loss $ 2,174,929 Crystal 896 New Hope 1167 Mutual Aid 85 January 1 – December 31, 2022 Total Calls for Service 2128 with 2 severe weather Crystal 959 Estimated fire loss $1,501,240 New Hope 1099 Mutual Aid 68 January 1 – December 31, 2021 Total Calls for Service 2124 Estimated fire loss $1,703,242 Crystal 890 New Hope 1,169 Mutual Aid 65 January 1 – December 31, 2020 Total Calls for Service 1828 Estimated fire loss $1,313,433 Crystal 781 New Hope 983 Mutual Aid 64 Not responded to per COVID-19 Protocols 178 Fires EMS/Rescue Hazardous Condition Service Call Good Intent Fire Alarm Severe Weather Total Mutual/Auto Aid 50 29%5 1 0 30 25%1 0 85 4% New Hope 68 39%699 55%107 54%35 56%54 45%204 61%0 1167 54% Crystal 55 32%561 44%89 45%27 44%35 29%129 39%0 896 42% Total 173 9%1265 57%197 10%62 4%119 5%334 15%2148 100% 0 500 1000 1500 2000 2500 2023 Calls for Service Jan 1 -Dec 31 2 January 1 – December 31, 2019 Total Calls for Service 2018 Estimated fire loss $2,276,913 January 1 – December 31, 2018 Total Calls for Service 1856 Estimated fire loss $632,167 January 1 – December 31, 2017 Total Calls for Service 1922 Estimated fire loss $588,517 January 1 – December 31, 2016 Total Calls for Service 1573 Estimated fire loss $1,637,094 January 1 – December 31, 2015 Total Calls for Service 1514 Estimated fire loss $657,914 January 1 – December 31, 2014 Total Calls for Service 1663 Estimated fire loss $1,861,162 January 1 – December 31, 2013 Total Calls for Service 1448 Estimated fire loss $357,182 January 1 – December 31, 2012 Total Calls for Service 1349 Estimated fire loss $169,900 January 1 – December 31, 2011 Total Calls for Service 1638 Estimated fire loss $318,749 Police/Fire Command Staff Meeting The command staff from the police and fire departments meet quarterly. We held last quarters meeting on December 5 and discussed the active threat training that was held in October, a couple of addresses that had numerous calls for service, North Ridge calls for service, and topics for 2024 emergency management training. 2023 Audit MMKR was onsite to conduct the 2023 audit field work the week of March 4, 2024. ISO Survey An ISO Field Representative was on-site on March 5, 2024 to complete a Public Protection Classification (PPC) survey. This ISO program provides information about municipal fire protection services in each community they survey to assist insurance companies make informed decisions about risk. Their staff collects information about the quality of public fire protection in more than 39,000 fire protection areas across the United States. In each of those protection areas, they analyze the relevant data and assign a Public Protection Classification — a grading from 1 to 10. Class 1 generally represents superior property fire protection, and Class 10 indicates that the area’s fire suppression program does not meet their minimum criteria. Most U.S. insurers of home and business properties use PPC in calculating premiums. In general, the price of insurance in a community with a good PPC is lower than in a community with a poor PPC, assuming all other factors are equal. A community’s PPC depends on: • emergency communications systems, including facilities for the public to report fires, staffing, training, certification of telecommunicators, and facilities for dispatching fire departments • the fire department, including equipment, staffing, training, and geographic deploy ment of fire companies • the water supply system, including the inspection and flow testing of hydrants and a careful evaluation of the amount of available water compared with the amount needed to suppress fires • community efforts to reduce the risk of fire, including fire prevention codes and enforcement, public fire safety education, and fire investigation programs Our last survey was in 2017 and we were given an ISO classification of 3. 3 Civil Rights Evaluation As a recipient of a Federal grant we are prohibited from discriminating in our programs and activities on the basis of race, color, national origin, sex, age, disability and religion and may be the subject of a civil rights compliance review in accordance with DHS regulation. We were sent a civil rights evaluation tool to fill out and have one year to develop the following: • a policy that prohibits discrimination in our external-facing programs and services • identify the responsibilities of the designated staff person responsible for compliance with civil rights laws • a complaints process covering complaints alleging discrimination in the our external-facing programs, activities, and services (non-employment) • a procedure for accepting and responding to requests for reasonable accommodations from program beneficiaries • a policy on providing access for persons with limited English proficiency 2023 Public Events and Community Outreach - We held our 12 th annual “Firefighters Fighting Hunger” Food & Cash Drive on 3 -18. It was a success with $5,404 & 1,291 pounds of food collected at 5 local grocery stores. This year we were at Crystal Cub, Aldi & Almsted’s; New Hope HyVee & Plymouth Cub (we also spent a short time at Crystal Target in the lot near Taco bell but left due to the cold and wind) - Station Tours for Cub Scouts on April 25 th - The 2023 Bike Rodeo was held on May 4 th, we had Sparky there with our Tower and several firefighters and explorers - We had an Engine on display at the Forest Elementary Family Carnival on May 12 th - We had our Tower and new Engine 1 on display at the Crystal PD Open House on May 13 th - We had an Engine on display at the Robbinsdale Early Learning Center on June 1 st - We had an En gine on display at the Sonnesyn Elementary Family Carnival on June 2 nd - The 2023 Young Mudder was held on June 10 th, we had our Tower there with several firefighters - We had an Engine on display at the YMCA Community Event on June 15th - We had our Tower o n display at the Chester Bird American Legion in Golden Valley on June 17th for their annual Street Dance - We had our Tower and new Engine 1 on display at the Crystal Airport Open House on June 18 th - We had our Tower on display at the BLR Holiday Station on June 22nd for the Relief Assn. Fundraiser - 25 Year Anniversary & Open House, July 6 th - Engine 1 in the Whiz Bang Parade, July 9 th - YMCA Tour of Station 3, July 28 th - Crystal Frolics, July 27 -30 - National Night Out / Night 2 Unite, August 1 st - Wet & Wild Water Day, August 4 th - St. Raphael’s Church Festival, August 5 th - New Hope Lions Corn Feed, August 9 th - Tower 1 to the Holy Nativity Childcare Center, August 11 th 4 - Engine 1 to the HyVee Family Event, August 12 -13 - New Hope Safety Camp, August 15 -17 - La Petite Daycare, End of Summer Party, September 1 st - Armstrong Girls Tennis Team held a Car Wash at Station 3, September 10 th - Vehicle Fair, September 16 th - WM Honor Guard to the Fallen Firefighter Memorial Ceremony, September 24 th - Fire Safety Demo at Ever green Montessori - New Hope Trick or Trot, October 7 th - West Metro Truck or Treat, October 31 st - North Memorial Car Seat Clinic at Station 3, November 8 th - FF Wallace drove Santa to and from an Event at the Crystal Community Center in a Fire Engine - The West Metro Auxiliary Annual Craft Fair & Vendor Show at Station 3, December 9 th - The Tri-City Santa Parade through Robbinsdale, Crystal & New Hope, December 9 th - Salvation Army Bell Ringing at New Hope HyVee (9 th) & Crystal Cub (16 th) - Station tours - Home Safety Surveys The highlight of our public events was the July 6 25 th Anniversary of the District open house. We had a fabulous turnout from the communities. We had food trucks, a DJ and lots of demos . Be a Santa to a Senior We held our annual event that collects gifts for the residents of Good Samaritan and North Ridge. This year we did not collect for The Terrace of Crystal (formerly Crystal Care Center) because we partnered with LDI and they are collecting for the Terrace. We delivered the gifts to the nursing homes on December 14. Along with firefighters and family members, Walker MacBeath (from the City of New Hope) joined us this year for the delivery. SAFER Grant Positions The 3 new SAFER LTs (Eric Enselein, Jesus Soto & Andy Nichols) started with us full-time on February 26, 2024. The integration of three new full-time positions, facilitated by the SAFER Grant, will allow us to staff two stations during the weekdays. This necessitated the reconfiguration of Station One's sleeping quarters to accommodate two shared offices. Station Two is being reconfigured to house any overnight crews. Furniture, equipment, and necessary infrastructure adjustments are being organized to align with the operational needs of these positions. Staffing We are currently at 8 full-time, 58 paid, on-call, firefighters of which 8 are on a leave of absence (LOA). We are authorized for up to 66 paid, on-call firefighters and will be hiring in 2024. Class of 2021 On December 13 we held a pinning ceremony promoting the class of 2021 apprentice firefighters to the rank of firefighter. 5 TRAINING /EMERGENCY MANAGEMENT Live Fire On Saturday, October 7 WMFRD completed live fire training at a home in New Hope. Mass Casualty/Active Threat New Hope Police, Crystal Police, and the WMFRD conducted active threat training at New Hope Church on October 17. Emergency Management Emergency management training was held for staff from both cities on November 29. The final class in a four - part series for senior officials was presented by MN Homeland Security and Emergency Management (HSEM). I closed out our 2021 Public Safety Grants in February. Captain Wheeler is coordinating IS 300 and 400 training for staff from both cities. This will be presented by a MN Homeland Security and Emergency Management (HSEM) approved trainer. 6 LOGISTICS New Engines In 2023 WMFRD took delivery and put into service for new engines. Three of the old engines sold for $225,000 and one sold for $200,000. Facilities Logistics has been working with North Memorial Ambulance to create a shared space with the medics posted out of station 3 and firefighters at station 3. This includes demolition of a wall, replacing the carpet, repairing drywall, repainting, and new furniture. North Memorial Ambulance is purchasing the carpet and the furniture and the District made the repairs and painted. This shared space will benefit both parties and build more comradery between the medics and firefighters. 7 PREVENTION Inspections/Plan Reviews From January 1 through December 31, 2023, we conducted 1074 inspections/plan reviews/meetings, of which 468 required a re-inspection. We have completed 397 re-inspections. We have been working on implementing Brycer Compliance Engine a cloud based third party inspection reporting tool that helps the authority having jurisdiction (AHJ) and inspection companies work more efficiently. All properties with fire protection systems in the District will be notified by the compliance engine when they have a system due for testing, past due for testing, or deficiencies on the system in need of repair. Properties are notified by email, mail, and phone. They use our approved letterhead and verbiage to distribute mailings and make follow-up calls. This will help ensure that all fire protection systems in the District have been inspected/tested annually. We will be going live with this program on February 15, 2024. Home Fire Safety Survey Program In 2023 we conducted 14 home safety surveys. So far in 2024, we have conducted 2 home safety surveys, a 3 rd survey is scheduled in February. One of the focuses of the new community outreach person will be promoting and executing this program. Our goal is to complete 30 Home Safety Surveys in 2024. Adopt a Hydrant Program: So far this winter we have not had enough snow to implement this program. In the late fall, 17 additional residents signed up to adopt their hydrants. Fire Investigations: 2023 fire investigations: 1/27/2023 46XX Quebec Avenue North - Small commercial fire in an oven 2/10/2023 52XX 35th Avenue North - Small fire on an exterior wall of a residential home 2/18/2023 27XX Winnetka Avenue North - Dumpster fire 3/25/2023 52XX Louisiana Avenue North - Detached garage fire with exposure fires 3/28/2023 70XX 36th Avenue North - Basement Fire in home 3/31/2023 61XX Virginia Avenue North – Fire caused by lightning 4/4/6/2023 84XX 62nd Avenue North - Deck fire from improper disposal of smoking materials 4/8/2023 48XX Winnetka Avenue North -Deck Fire 4/15/2023 45XX Winnetka Avenue North - Apartment Fire from improper disposal of smoking materials 5/12/2023 51XX Idaho Avenue North - House and garage fires 5/23/2023 51XX Edgewood Avenue North - Cooking fire 6/3/2023 72XX and 72XX 32nd Avenue North -Townhome fire due to improper disposal of smoking materials 6/11/2023 77XX 36th Avenue North - small cooking fire in apartment kitchen 6/13/2023 56XX Boone Avenue North - Deck fire due to improper disposal of smoking materials 6/26/2023 33XX Douglas Drive (6 Unit Garage Fire) - improper storage of a grill and/or smoking 7/5/2023 60XX 56th Avenue North - Dumpster /Enclosure/Fence fire 7/14/2023 56XX West Broadway – Vehicle Fire 7/18/2023 46XX Quebec Avenue North - Paint Booth fire 7/31/2023 56XX West Broadway - Dumpster Fire 8/10/2023 30XX Flag Avenue North - Vehicle Fire 8/25/2023 55XX West Broadway - Vehicle Fire 8/25/2023 30XX Gettysburg Avenue North - Garage/House fire 8/27/2023 79XX 37th Avenue North - House/Garage/Deck fire 8 8/31/2023 27XX Douglas Drive - Food warmer appliance fire in a business 9/1/2023 60XX West Broadway - Fan fire in living room 9/2/2023 81 and Corvallis Avenue North - Vehicle fire 9/4/2023 52XX Scott Avenue North - Garage fire 9/5/2023 60XX 36th Avenue North – Grease Fire 9/8/2023 34XX Major Avenue North - Small Appliance fire 10/4/2023 28XX Flag Avenue North - Small ceiling fan fire in bathroom 10/4/2023 78XX 45th ½ Avenue North - Vehicle Fire 11/11/2023 29XX Douglas Drive - Small cooking fire on stove 12/1/2023 92XX 27th Avenue North - Small oven fire 12/1/2023 84XX Bass Lake Road - small stairwell fire out report due to improper disposal of smoking materials 12/2/2023 42XX Oregon Ave North - Small cooking fire on stove In 2023 we conducted 35 fire investigations. The following is breakdown of where the fires occurred and wha t caused the fire: 3 Dumpster fires 5 Vehicle fires 24 Residential fires (Here are the causes of our residential fires: cooking, lightning strike, electrical issues, improper disposal of batteries, and improper disposal of smoking materials). 3 Commercial Building fires In 2022 we had conducted 50 fire investigations. 2024 fire investigations: 1/4/2024 – 56XX Winnetka Avenue North (vehicle fire) 1/7/2024 – 92XX 27th Avenue North (dumpster fire) 1/11/2024 – 37th Avenue North and Douglas Drive (vehicle fire) 1/14/2024 – 53XX Georgia Avenue North (small appliance fire) 1/14/2024 – 56XX Quebec Avenue North Apt XXXX (cooking fire, spread to kitchen and dining area) 1/14/2024 – 64XX 27th Avenue North (small stove fire) 1/20/2024 – 56XX Perry Avenue North (detached garage fire w/exposure fires to vehicles and house) 1/29/2024 – 72XX 43rd Avenue North (small garbage can fire) 1/30/2024 – 56XXPerry Avenue North (small electrical fire) 2/2/2024 – 27XX Hillsboro Avenue North (smoke in an apartment from a cooking fire in a pan) 2/2/2024 – 70XX Fairview Avenue North (small basement fire) 2/10/2024 – 48XX Utah Avenue North (detached garage fire) Page 1 of 2 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: March 14, 2024 TO: Adam R. Bell City Manager (for March 19 work session) SUBJECT: Staff preferred option for modifying cannabis buffer distances and moving them from licensing to zoning (Unified Development Code) BACKGROUND In 2023 the City Council adopted an edible cannabinoids licensing ordinance which included the following buffer distances, measured from property line to property line (not door to door): • 1,000 feet from any school • 500 feet from any park or residential drug/alcohol treatment facility STAFF PROPOSAL Based on the February 6 discussion and subsequent Councilmember input, staff would propose the following changes: 1. Remove the buffers from the licensing ordinance and add them to the zoning ordinance/Unified Development Code (UDC) with an effective date of Jan. 1, 2025. 2. Exclude Robbinsdale Learning Center as a school AND reduce the buffer for the remaining school properties from 1,000 to 500 feet to match the other buffers. 3. Apply the buffers to off-sale alcohol and tobacco in addition to edible cannabinoids and (eventually) cannabis stores, subject to nonconforming use rights (being “grandparented”) which would allow existing businesses within the buffers to continue but not expand. 4. Create a window of opportunity for any licensed off-sale alcohol and tobacco businesses located within a buffer zone to get an edible cannabinoids license from the city before Jan. 1, 2025 so their edible cannabinoid sales become grandparented on Jan. 1, 2025 just like off-sale alcohol and tobacco. COUNCIL STAFF REPORT Cannabis Buffer Distances Page 2 of 2 EFFECT OF STAFF PROPOSAL The city currently has 9 off-sale alcohol licenses (table attached):  4 would continue to be permitted uses on Jan. 1, 2025 (black “A” on the attached map).  5 would become grandparented on Jan. 1, 2025 (gray “A” on the attached map) The city currently has 21 tobacco licenses (table attached):  9 would continue to be permitted uses on Jan. 1, 2025 (black “T” on the attached map).  12 would become grandparented on Jan. 1, 2025 (gray “T” on the attached map) The attached map illustrates the effects of the staff proposal. COUNCIL DISCUSSION REQUESTED Staff requests Council discussion regarding the staff proposal to remove the buffers from the edible cannabinoids licensing ordinance and add them to the UDC to include off-sale alcohol and tobacco with current licensees being grandparented as illustrated in the attached tables and map. Black A on map (permitted under proposed ordinance) Gray A on map (grandparented under proposed ordinance) Company DBA Address 1 Missy Hope Inc. Hope Liquor 111 Willow Bend 1 Liquor Barrel Liquor Barrel 2728 Douglas Dr N 1 Mejron Investments Inc The Wine Thief & Ale Jail 3600 Douglas Dr N 1 Ashley's Liquor, Inc.Ashley's Liquor 4920 West Broadway 1 Klever Liquor Inc Klever Liquor 5120 56th Ave N 1 SuperValu, Inc Cub Wine & Spirits 5201 36th Ave N 1 Advancer Mercantile, LLC Liquor Barrel Wine & Spirits 5628 West Broadway 1 RPSM LLC Adair Liquor 6001 42nd Ave N 1 Zahid Beverage Group LLC Crystal Liquor Warehouse 6200 56th Ave N TOTAL Black A on map TOTAL Gray A on map 4 5 Current Off-Sale Alcohol Licenses Black T on map (permitted under proposed ordinance) Gray T on map (grandparented under proposed ordinance) Company DBA Address 1 Crystal Tobacco & Cigar Outlet Plus, Tobacco Outlet 123 Willow Bend 1 Main Grocery & Tobacco Inc Mini Grocery & Tobacco 2708 Douglas Dr N 1 Trilogy LLC Trilogy LLC 2712 Douglas Dr N 1 Liquor Barrel Liquor Barrel 2728 Douglas Dr N 1 Almsted Enterprises Inc Almsted's Fresh Market 4200 Douglas Dr N 1 Ashley's Liquor, Inc. Ashley's Liquor 4920 West Broadway 1 Himalaya LLC dba 36th Ave Smoke 36th Ave Smoke Shop 5101 36th Ave N 104 1 Klever Liquor Inc Klever Liquor 5120 56th Ave N 1 SuperValu, Inc Cub Wine & Spirits 5201 36th Ave N 1 Charles R Knaeble VFW Post #494 VFW Post #494 5222 56th Ave N 1 SuperValu, Inc Cub Foods #30124 (1601) 5301 36th Ave N 1 Northern Tier Retail LLC Speedway #4052 5359 West Broadway 1 Holiday Stationstores, LLC Holiday Stationstore #300 5410 Lakeland Ave N 1 Dark Horse Vapors Inc Dark Horse Vapery 5522 West Broadway 1 PurpleRose Cigar and Hookah PurpleRose Cigar and Hookah Shop 5530 West Broadway 1 Advancer Mercantile, LLC Liquor Barrel Wine & Spirits 5628 West Broadway 1 RPSM LLC Adair Liquor 6001 42nd Ave N 1 Tobacco 18 LLC Tobacco 18 6016 42nd Ave N 1 Zahid Beverage Group LLC Crystal Liquor Warehouse 6200 56th Ave N 1 Walgreens Co Walgreens #5883 6800 56th Ave N 1 Northern Tier Retail LLC Speedway #4187 7818 36th Ave N TOTAL Black T on map TOTAL Gray T on map 9 12 Current Tobacco Licenses CITY MANAGER MONTHLY CHECK-IN – MARCH 2024 Objective 1 – Work with City Council to develop Long Range Vision for the continued implementation of Council priorities: • City Council Work Session on March 14 for Long Range Vision/Strategic Planning Objective 2 – Policy Facilitation – Implement the Longe Range Vision/Strategic Planning for continued implementation of Council priorities: • Thriving Business Community o Continuing to work through Cannabis zoning regulations - work session on 3/19 o Staff is continuing to assist with potential redevelopment opportunities and business openings • Strong Neighborhoods o Continuing to work with businesses on THC/Cannabis sales compliance o Working with HRG on organized organic waste collection • Brooklyn Center is meeting on 4/8 to discuss and the HRG will meet right after that. o Met with MnDOT regarding JAZB Ordinance Amendment process. o Continuing to work on the Crystal Cove Aquatic Center project – Bid opening is 3/26 o Working with residents/property owners to address code violations and traffic concerns • Sound fiscal policies and practices o Continuing to seek additional outside funding for projects o Working with MN DEED to receive 2023 State funding for Crystal Cove project o Conducting 2023 Audit work o Continuing to implement 2024 Capital Program • Welcoming and inclusive community o Inclusion & Diversity Commission – The Commission is working on 2024 Work Plan and recruitment. Objective 3 – Re-establish the Environmental Quality Commission with a clear and engaging purpose and a sustainable future: • Scheduling subject matter experts to speak on environmental and sustainability issues for the future of the commission • Continuing to research other cities’ environmental commissions to develop framework Objective 4 – Create an atmosphere of better teamwork, open communication, enhanced employee performance, and where staff feel empowered to help make decisions: • Hired new Public Works Director – April 15 start date. • Supporting staff wellness and continuing professional growth and development • Connecting with neighboring city managers on various local issues • Continuing participation in city manager leadership/peer group and metro and state professional organizations • Recreation Dept. hosted 2024 spring “Coffee Break” teambuilding with employees 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 15, 2024 City Council Meeting Agenda Tuesday, March 19, 2024 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. Appearances 3.1 Police Chief Revering will present Lifesaving Awards to Crystal police officers.* 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meeting s: a. The City Council work session on Feb. 20, 2024. b. The City Council meeting on Feb. 20, 2024. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk . 4.3 Adoption of a resolution accepting a donation. 4.4 Adoption of a resolution authorizing a playground grant application to Hennepin County Youth Activities Grants to assist in replacing the play area in Twin Oaks Park . 5. Open Forum The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes , and topic discussion is limited to 10 minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas. 6. Regular Agenda 6.1 The Council will consider approval of disbursements of more than $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. Page 2 of 3 6.2 The Council will consider the first reading of an ordinance amending the zoning map to add airport zones as described in the Joint Airport Zoning Ordinance . The Crystal Airport Zoning Ordinance went into effect on January 1, 2024, and the city council has adopted the ordinance as an appendix to the city code. The city must also add the airport safety zones to the city’s official zoning map. At the March 11, 2024, Planning Commission public hearing, there were no public comments and the Commission unanimously recommended approval of the zoning map amendment. Staff recommends approval of first reading of the ordinance amending the official zoning map. The second reading and adoption would then be placed on the April 2 Council agenda. 6.3 The Council will consider a resolution approving a one-year extension of site and building plan approval for construction of an office/warehouse at 5208 Hanson Court. On March 21, 2023, the City Council approved site and building plans for an office/warehouse building on the vacant lot at 5208 Hanson Court. This approval expires after one year unless a building permit has been issued for the project. At this time no building permit application has been submitted and the owner is requesting a 1-year extension which would give them until March 21, 2025, to get the building permit. The owner says they intend to complete the building in the summer of 2025. Staff recommends approval of the extension. 6.4 The Council will consider a resolution approving plans and specifications , and advertisement for bids, for improvements at North Lions Park and Valley Place Park. The parking lots and several sports courts at North Lions Park and Valley Place Park are in poor condition and are listed for replacement in the 2024 Long Term Plan. These projects have included public input and Parks and Recreation Commission review. Recommend adoption of the resolution approving plans and specifications for improvements at Valley Place and North Lions Parks; and authorizing the advertisement of bids for construction of said improvements. 6.5 The Council will consider a resolution approving installation of cameras in the south parking lot of the community center. The south parking lot at the Community Center was completed in 2023 and the installation of security cameras was included in the design. These cameras will provide additional security coverage for this premise. The quote for $58,34 is under the budgeted amount of $80,000 included in the 2024 capital improvement plan . Recommend approval of the agreement for Computer Integration Technologies to complete this work as quoted. 6.6 The Council will consider a resolution awarding the contract for engineering services for HVAC upgrades at the Crystal Public Works facility. When built in 2014, the Public Works facility was designed with several “green” energy features, one of which was the HVAC system. Since that time, staff have determined that some of the features require upgrades to extend the life and maximize the system's efficiency. To make sure the improvements meet the long-term needs of the building and city, staff is recommending professional engineering design for the updates. Recommend approval of the resolution authorizing the contract for the design and engineering of HVAC upgrades at our Public W orks facility. Page 3 of 3 7. Announcements a. There will be a ribbon cutting at 111 Willow Bend on Saturday, April 13 at 11 a.m. to celebrate the opening of a new Crystal business, Hope Liquor. b. The next City Council meeting is Tuesday, April 2 at 7 p.m. in the Council Chambers at City Hall and via Zoom. c. The Crystal Police Department Open House is Saturday, April 27 from 10 a.m. – 1 p.m. at 4141 Douglas Dr. N. d. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment Have a great weekend. See you at Tuesday’s meeting. Crystal City Council work session minutes Feb. 20, 2024 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 8:33 p.m. on Feb. 20, 2024, in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN 55422, via interactive technology from the public location of: 870 W. 24th Ave., Eugene, OR 97405 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 in the Council Chambers: Kiser, Onesirosan, Adams, Budziszewski, Cummings and Kamish. Council Member Eidbo was present remotely via interactive technology from the public location of: 870 W. 24th Ave., Eugene, OR 97405. City staff present: City Manager A. Bell, City Attorney J. Hill, Police Chief S. Revering, Community Development Director J. Sutter, Recreation Director J. Elholm and City Clerk C. Serres. Assistant City Manager K. Therres was present remotely via Zoom. II.Agenda The Council and staff discussed the following agenda item s: 1.City Council liaison reports. 2.City manager monthly check-in. 3.Constituent issues. 4.New business. 5.Announcements. III.Adjournment The work session adjourned at 8:51 p.m. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.1(a) Crystal City Council meeting minutes Feb. 20, 2024 Page 1 of 4 1.Call to Order Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the meeting of the Crystal City Council was held on Feb. 20, 2024, at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN 55422, via interactive technology from the public location of: 870 W. 24th Ave., Eugene, OR 97405 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 in the Council Chambers: Kiser, Onesirosan, Adams, Budziszewski, Cummings and Kamish. Council Member Eidbo was present remotely via interactive technology from the following public location: 870 W. 24th Ave., Eugene, OR 97405. City staff present: City Manager A. Bell, City Attorney J. Hill, Police Chief S. Revering, Community Development Director J. Sutter, Recreation Director J. Elholm and City Clerk C. Serres. Assistant City Manager K. Therres was present remotely via Zoom. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. The Council and audience held a moment of silence for fallen Burnsville first responders. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Kamish and seconded by Council Member Kiser to approve the agenda. By roll call, voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. 3.Proclamation 3.1 The Mayor proclaimed March 2024, as Women’s History Month in the City of Crystal. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council work session on Feb. 6, 2024. b.The City Council meeting on Feb. 6, 2024. c.The City Council special work session on Feb. 6, 2024. d.The City Council work session on Feb. 8, 2024. 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. 2024-23, accepting donations. 4.4 Acceptance of the biennial body camera audit notification. 4.1(b) Crystal City Council meeting minutes Feb. 20, 2024 Page 2 of 4 4.5 Approval of the appointment of JD Moore II to the Parks and Recreation Commission for a term to expire Dec. 31, 2024. 4.6 Approval of the appointment of Angela Spores to the Parks and Recreation Commission for a term to expire Dec. 31, 2026. Moved by Council Member Kiser and seconded by Council Member Cummings to approve the consent agenda. By roll call, voting aye: Kiser, Onesirosan, Adams, Budziszewski, Cummings, Eidbo and Kamish. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Onesirosan and seconded by Council Member Kamish to approve the list of disbursements over $25,000. By roll call, voting aye: Onesirosan, Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Motion carried. 6.2 The Council considered a resolution approving a front setback variance at 6124 Lakeland Ave. N. Community Development Director John Sutter addressed the Council. Moved by Council Member Kamish and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2024 – 24 RESOLUTION APPROVING VARIANCES FOR THE PROPERTY LOCATED AT 6124 LAKELAND AVENUE NORTH By roll call, voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. Motion carried, resolution declared adopted. 6.3 The Council considered a resolution approving a transfer of funds from the Public Safety Aid to the West Metro Fire-Rescue District. Police Chief Stephanie Revering addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kamish to adopt the following resolution: RESOLUTION NO. 2024 – 25 RESOLUTION ACCEPTING $1,010,119 OF THE STATE OF MINNESOTA PUBLIC SAFETY AID PACKAGE AND AUTHORIZING THE TRANSFER OF $200,000 TO WEST METRO FIRE-RESCUE DISTRICT 4.1(b) Crystal City Council meeting minutes Feb. 20, 2024 Page 3 of 4 By roll call, voting aye Budziszewski, Cummings, Eidbo, Kamish, Kiser, Onesirosan and Adams. Motion carried, resolution declared adopted. 6.4 The Council considered the following items related to a Joint Powers Agreement (JPA) with the State of Minnesota Bureau of Criminal of Apprehension (BCA): a. Adoption of a resolution approving the authorized strength of police officers from 34 to 35 while the Violent Crime Reduction Unit (VCRU) position is funded; and b. Approval of the Minnesota BCA VCRU JPA. Police Chief Stephanie Revering addressed the Council. Moved by Council Member Kiser and seconded by Council Member Kamish to adopt the following resolution: RESOLUTION NO. 2024 – 26 RESOLUTION APPROVING THE AUTHORIZED STRENGTH OF POLICE OFFICERS FROM THIRTY-FOUR (34) TO THIRTY-FIVE (35) By roll call, voting aye: Cummings, Eidbo, Kamish, Kiser, Onesirosan, Adams and Budziszewski. Motion carried, resolution declared adopted. Moved by Council Member Kamish and seconded by Council Member Onesirosan to approve the Minnesota BCA Violent Crime Reduction Unit JPA. By roll call, voting aye Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. Motion carried. 6.5 The Council considered a resolution for LED lighting upgrades at City Hall. City Manager Adam R. Bell addressed the Council. Moved by Council Member Cummings and seconded by Council Member Kamish to adopt the following resolution: RESOLUTION NO. 2024 – 27 AUTHORIZING THE CONTRACT FOR LED LIGHTING UPGRADES AT CITY HALL By roll call, voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried, resolution declared adopted. 6.6 The Council considered a resolution for improvements at Crystal Cove Aquatic Center. Recreation Director John Elholm addressed the Council. Moved by Council Member Onesirosan and seconded by Council Member Kamish to adopt the following resolution: RESOLUTION NO. 2024 – 28 APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS 4.1(b) Crystal City Council meeting minutes Feb. 20, 2024 Page 4 of 4 FOR IMPROVEMENTS AT THE CRYSTAL COVE AQUATIC CENTER PROJECT #S.0311 By roll call, voting aye: Kiser, Onesirosan, Adams, Budziszewski, Cummings, Eidbo and Kamish. Motion carried, resolution declared adopted. 7. Announcements The Council and staff made announcements about upcoming events. 8. Adjournment Moved by Council Member Budziszewki and seconded by Council Member Kamish to adjourn the meeting. By roll call, voting aye: Onesirosan, Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Motion carried. The meeting adjourned at 7:29 p.m. ___________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Christina Serres, City Clerk 4.1(b) Page 1 of 2 City of Crystal Council Meeting March 19, 2024 Applications for City License Gambling – Temporary Permit The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for an event on April 27, 2024) Liquor – Temporary On-Sale The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for an event on April 27, 2024) Massage Therapist Jing An (Natural Wellness Spa), 5524 West Broadway, Crystal, MN 55428 Rental (New) 2701 Brunswick Ave. N. – GV Greenway LLC 4523 Colorado Ave. N. – CFCB Holdings LLC (Conditional) 6311 Corvallis Ave. N. – Michael Brandt 3815 Douglas Dr. N. – Beverly Monette 4336 Douglas Dr. N. – Alexander Gladkov (Conditional) 3242 Florida Ave. N. – Richard Meyer (Conditional) 3812 Hampshire Ave. N. – Opportunity Partners (Conditional) Rental (Renewal) 4009 Adair Ave. N. – Jawad Behsudi (Conditional) 4353 Adair Ave. N. – James Richards (Conditional) 5630 Adair Ave. N. – Steve Mohn 5720 Adair Ave. N. – Invitation Homes (Conditional) 5023 Angeline Ave. N. – Mike and Bridget Nelson 4051 Brunswick Ave. N. – Serenity Village (Conditional) 6332 Corvallis Ave. N. – Mackenzie Broughton 2743 Douglas Dr. N. – Reese Pfeiffer (Conditional) 2900-2930 Douglas Dr. N. – Minnesota Senior Living (Conditional) 5127 Edgewood Ave. N. – Capgrow Holdings (Coniditional) 6330 Fairview Ave. N. – Ken Olson 3005 Florida Ave. N. – Judy Bolin (Conditional) 4325 Georgia Ave. N. – Michael Haggerty 4612 Hampshire Ave. N. – HPA II Borrower 2021-1 LLC 4824-4826 Idaho Ave. N. – Procai Properties (Conditional) 5942 Idaho Ave. N. – Bridge SFR IV Seed Borrower LLC 5204 Jersey Ave. N. – Felix Volzing 5213 Jersey Ave. N. – FYR SFR Borrower (Conditional) 6034 Jersey Ave. N. – JMW Investments (Conditional) 4801 Kentucky Ave. N. – GL Enterprise LLC 5737 Kentucky Ave. N. – Kentucky Villa (Conditional) 5757 Maryland Ave. N. – Jeff Jacobs (Conditional) 3230-3236 Nevada Ave. N. – Thomas Coyle (Conditional) 3541 Regent Ave. N. – Bang Huynh 4.2 Page 2 of 2 5731 Regent Ave. N. – Thomas Ruen (Conditional) 5973 Rhode Island Ave. N. – David Barrett 3010 Sumter Ave. N. – Central Crystal Village (Conditional) 3131 Sumter Ave. N. – Central Crystal Village (Conditional) 5229 Unity Ct. N. – RTO Investments LLC 5542 Unity Ave. N. – Omosola Omololu Aladedunye (Conditional) 5631 Welcome Ave. N. – Brian Hanf 3000 Winnetka Ave. N. – Central Crystal Village (Conditional) 4512 Yates Ave. N. – Drew Kabanuk (Conditional) 7324 33rd Ave. N. – Kevitt Development (Conditional) 6307 34th Ave. N. – Wally Anderson 5916 38th Ave. N. – Jason Herzog 5724 45th Ave. N. – Yeah LLC 6928 45th Pl. N. – HPA II Borrower 2019 (Conditional) 6401 47th Ave. N. – Wren Rentals (Conditional) 6817 47th Ave. N. – Kerby Skurat – 47th LLC 5022 49th Ave. N. – Bridge SFR IV Seed Borrower LLC 5333 49th Ave. N. – Joseph Anton (Conditional) 6501 57th Ave. N. – Abe Al-Qudah Tree Trimmer Davy Tree Expert Company, 1500 N. Mantua St., Kent, OH 44240 Holtz Firewood and Tree Service, 11658 State Hwy. 238, Royalton, MN 56373 SavATree LLC, 8000 Powell Rd., Ste. 160, Hopkins, MN 55343 Shadywood Tree Experts, 402 11th Ave. S., Hopkins, MN 55343 4.2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2024 – ___ RESOLUTION ACCEPTING A DONATION WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal to accept the following donation: Donor Purpose Amount Crystal Crime Prevention Board 2023 Shop with a Cop $1,000 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named for their generous donation. Adopted by the Crystal City Council this 19th day of March, 2024. By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Christina Serres, City Clerk 4.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: March 12, 2024 TO: Mayor and City Council Adam R. Bell, City Manager FROM: John Elholm, Recreation Director SUBJECT: Grant Application to the Hennepin County Youth Activities Grants Twin Oaks Park Twin Oaks Park is an active neighborhood park with aging facilities. The play area was built in 2003. In 2025, the Capital Improvement Plan (Park Improvements) includes funds for a new play area, small picnic shelter, basketball court and trails in Twin Oaks Park. Hennepin County offers playground grants through the Hennepin County Youth Activities Grants to assist with building and improving playground structures throughout Hennepin County. The maximum grant amount is $100,000. If successful, funding from the playground grant will allow additional improvements, including additional rubberized surfacing (improved accessibility). The proposed grant request is: Hennepin County Grant $ 100,000 City of Crystal $ 150,000 Total Play Area Cost $ 250,000 A resolution of support from the Crystal City Council is a requirement of the application. Requested Council Action Adopt the attached resolution authorizing a playground grant application to the Hennepin County Youth Activities Grants to assist in replacing the play area in Twin Oaks Park in 2025. 4.4 RESOLUTION NO. 2024 - ______ AUTHORIZING A PLAYGROUND GRANT APPLICATION TO THE HENNEPIN COUNTY YOUTH ACTIVITIES GRANTS TO ASSIST IN REPLACING THE PLAY AREA IN TWIN OAKS PARK WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin County Youth Activities Grants, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and WHEREAS, the City of Crystal, hereinafter LGU, desires to develop new play area facilities in Twin Oaks Park. NOW, THEREFORE BE IT RESOLVED BY THE City Council of the City of Crystal: I. The estimate of the total cost of developing PROJECT shall be $250,000. The LGU is requesting $100,000 from the Hennepin County Youth Activities Grants and will assume responsibility for providing matching funds of $150,000. II. LGU is the owner of the property where the PROJECT is located. The LGU will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be 20 years. The PROJECT may not be converted to non-public or non-recreational uses within this time period without the approval of Hennepin County. III. LGU agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT. LGU will operate PROJECT for its intended purpose as stated in the PROJECT application for the functional life of the facility. IV. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. V. That John Elholm, Recreation Director, is authorized and directed to execute the application for the Hennepin County Youth Activities Grant. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Crystal City Council at a duly authorized meeting thereof held on the 19st day of March, 2024, as shown by the minutes of said meeting in my possession. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 4.4 DATE: March 11, 2024 TO: Adam R. Bell, City Manager City of Crystal City Council FROM: Jean McGann, Contracted Finance Director RE: Expenditures over $25,000 Payee Amount HealthPartners, Inc.March health insurance premiums $140,084.00 IRS - EFTPS Federal & FICA withholding taxes for 2/16/24 pay date $98,470.28 MN PERA Employee & city required contributions for 2/16/24 pay date $72,719.86 Center for Energy & Environment Home improvement loan/grant program $33,496.31 LMCIT Property/casualty insurance Q1 2024 $67,363.00 McDowall Company New public safety building project costs $31,162.87 Metropolitan Council Environ Svs Wastewater services for March $143,220.09 West Metro Fire Rescue District February contribution to West Metro Fire $136,218.05 Golden Valley JWC JWC 2023 adjustment billing based on actual $86,108.01 Hunt Electric Generator replacement at North & South Fire Stations $27,840.00 LMCIT Workers Compensation insurance Q2 2024 $109,650.00 LMCIT Property/casualty insurance Q2 2024 $67,356.00 Metropolitan Council Environ Svs SAC payment for February 2024 $27,061.65 US Aquatics Pools improvements project design #2 $118,035.00 IRS - EFTPS Federal & FICA withholding taxes for 3/1/24 pay date $68,985.17 MN PERA Employee & city required contributions for 3/1/24 pay date $72,530.13 West Metro Fire Rescue District March contribution to West Metro Fire & public safety funds $336,218.05 $1,636,518.47 Description 6.1 Amend Official Zoning Map PAGE 1 OF 2 __________________________________________________________________________ FROM: Dan Olson, City Planner TO: Adam R. Bell, City Manager (for March 19 meeting) DATE: March 13, 2024 RE: Consider first reading of an ordinance amending the Official Zoning Map to add airport safety zones in the Crystal Airport Zoning Ordinance __________________________________________________________________________ A.BACKGROUND The Crystal Airport Zoning Ordinance was recently adopted by the Joint Airport Zoning Board (JAZB) and went into effect on January 1, 2024. Although state law does not require the new ordinance to be included in the Unified Development Code (UDC), the city will be administering the ordinance and must amend the city’s official zoning map to reflect the airport safety zones described in the ordinance. Notice of the March 11 public hearing for the map amendment was published in the Sun Post on February 29 and posted to all neighborhoods on Nextdoor. At the March 11, 2024 Planning Commission public hearing, the Commission unanimously recommended approval of the zoning map amendment. No one from the public provided comments. Attachments: A.Proposed Official Zoning Map B.Ordinance COUNCIL STAFF REPORT Amend Official Zoning Map 6.2 Amend Official Zoning Map PAGE 2 OF 2 B.BACKGROUND OF MAP AMENDMENT The adopted Crystal Airport Zoning Ordinance describes the following airport safety zones that are to be added to the city’s zoning map: •Zone 1:The zone has the same boundaries as the Airport district (AP) and regulates both land use and structure height. •Zone 2:This zone primarily regulates structure height. •Air space:This zone extends from the airport to the cities of Brooklyn Park, Brooklyn Center, New Hope, Robbinsdale, and Minneapolis and generally regulates interference with airport operations. C.REQUESTED ACTION At the March 11, 2024 Planning Commission meeting, the Commission recommended approval of the amendment to the official zoning map by a vote of 5 to 0 (three members were absent and one member attended via Zoom and therefore was not able to vote). City Council first reading of the ordinance (attachment F) amending the official zoning map to add airport safety zones is requested. The following is the proposed schedule for adopting the zoning map amendment: April 2 Council considers second reading and adoption April 11 Summary of ordinance published May 2 Effective date of ordinance 6.2 Attachment A 6.2 ORDINANCE NO. 2024 - _____ CITY OF CRYSTAL AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO ADD AIRPORT SAFETY ZONES THE CITY OF CRYSTAL ORDAINS: Section 1. Legislative Findings. The City Council of the City of Crystal hereby finds and determines as follows: (a)On November 8, 2023, the Joint Airport Zoning Board (JAZB) approved the Crystal Airport Zoning Ordinance (“Airport Ordinance”) and the Airport Zoning Ordinance went into effect on January 1, 2024; and (b)Minnesota Statutes, section 462.357, Subdivision 1i requires that airport safety zones from the Airport Zoning Ordinance be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls; and (c)The Planning Commission held a public hearing, after due notice having been provided, to amend the City’s official zoning map on March 11, 2024 and voted to forward the requested amendment to the City Council with a recommendation that it be approved; and (d)The City Council determines the proposed amendment to the official zoning map must be adopted to comply with the statutory requirement to show airport safety zones on the City’s zoning map. Section 2. Updated Zoning Map. The Zoning Map of Crystal, Minnesota is hereby amended by including the airport safety zones as established in the Airport Zoning Ordinance. Section 3. Zoning Map Amendment. The zoning administrator is authorized and directed to amend the zoning map in accordance with this ordinance and to take any such other actions as may be required to effectuate the approved amendment. The amended zoning map shall become the City’s official zoning map. Section 4. Effective Date. This ordinance shall not be codified into the Crystal city code and is effective in accordance with Crystal city code, subsection 110.11. Attachment B 6.2 _____________________________ Jim Adams, Mayor ATTEST: __________________________ Chrissy Serres, City Clerk First Reading: _____________ Second Reading and Adoption: _____________________ Publication: ________________________ Effective Date: ________________________ 6.2 5208 HANSON COURT NORTH – EXTENSION FOR SITE PLAN APPROVAL PAGE 1 OF 1 __________________________________________________________________________ FROM: Dan Olson, City Planner __________________________________________________________________________ TO: Adam R. Bell, City Manager (for March 19 Meeting) DATE: March 13, 2024 RE: Consider a motion approving a 1-year extension of site and building plan approval for construction of an office/warehouse at 5208 Hanson Court On March 21, 2023 the City Council approved site and building plans submitted by Jeff Quinn, owner of Farr Plumbing and the subject property, for an office/warehouse building on the vacant lot at 5208 Hanson Court. City Code Section 510.17 Subd. 2(e) states that such approvals expire after one year unless a building permit has been issued for the project. At this time no building permit application has been submitted and the approval expires on March 21, 2024. Subd. 2(e) also states that the City Council may grant a 1-year extension upon receipt of a written request including an explanation of the good faith efforts that have been made to complete the project. Jeff Quinn has submitted such a written request (Attachment A) and staff recommends approval of an extension to March 21, 2025. Attachments: A.Extension request from Jeff Quinn B.2022 aerial photo C.Excerpts from the approved plans REQUESTED COUNCIL ACTION Approval of a motion extending the expiration date to March 21, 2025. COUNCIL STAFF REPORT Site Plan Extension – 5208 Hanson Ct. N. 6.3 From:Jeff Quinn To:Dan Olson Subject:RE: 5208-5216 Hanson Ct N, Crystal Date:Monday, March 4, 2024 9:25:51 AM Attachments:image005.png Hi Dan, As we discussed previously, my plumbing business did move to Plymouth, as there was an opportunity I could not say no to. I still want to build on the Hanson Ct lot. I’m currently trying to make the number work between increased building costs and interest rates. I would still like to extend my deadline to build: 1. I have been getting bids and have still been progressing with my plans and selections for the building. I think it’s clear I’ve acted in good faith thus far, getting all my plans, engineering, etc. all completed and ready to go. 2.Anticipated completion date would be summer 2025. Thanks for all your help. Jeff From: Dan Olson <Dan.Olson@crystalmn.gov> Sent: Thursday, February 8, 2024 1:42 PM To: Jeff Quinn <jeff@farr.plumbing> Subject: RE: 5208-5216 Hanson Ct N, Crystal Hi Jeff – Thanks for chatting about your building permit submittal. As we discussed, to request an extension, submit a letter and/or email to me by March 8, 2024 responding to the following two questions: 1. An explanation of what, if any, good faith efforts, have been made to complete the site plan process; and 2. The anticipated completion date. I would take your letter to the City Council on March 19 to request a 1-year extension. Dan Attachment A 6.3 ▲ N Attachment B 6.3 Attachment C 6.3 Attachment C 6.3 Attachment C 6.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: March 12, 2024 TO: Mayor and City Council Adam R. Bell, City Manager FROM: John Elholm, Recreation Director Brad Fortin, Parks and Facilities Superintendent SUBJECT: Approval of Plans and Specifications and Authorizing Advertisement for Bids for Improvements in Valley Place and North Lions Parks. Valley Place Park The tennis and basketball courts in Valley Place Park are in poor condition and need to be replaced. Slight relocation of these amenities was proposed in the 2017 Crystal Park and Recreation System Master Plan. The master plan suggested moving the basketball court to the east side of the tennis courts, but due to input from neighbors the construction plan calls for the basketball court to be on the west side of the tennis courts. Funds for this project are included in the 2024 capital improvement plan – park improvements. North Lions Park The west parking lot in North Lions Park is in poor condition and needs to be replaced. A slight enlargement of the west parking lot was proposed in the 2017 Crystal Park and Recreation System Master Plan, to align the south driveway with a driveway across the street. The construction plan follows this recommendation. The current paved/fenced volleyball court is also in poor condition and is recommended for removal by city maintenance staff as part of this project. The volleyball court will be replaced with portable volleyball stands and court lines in the concrete surface hockey rink during the summer. Funds for this project are included in the 2024 capital improvement plan – building fund. Both of these projects have been reviewed by the Crystal Park and Recreation Commission. Requested Council Action Adopt the attached resolution approving plans and specifications for improvements at Valley Place and North Lions Parks; and authorizing the advertisement of bids for construction of said improvements. 6.4 RESOLUTION NO. 2023 - ______ APROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS IN VALLEY PLACE AND NORTH LIONS PARKS PROJECT #S.0317 and #S.0340 WHEREAS, the City of Crystal owns and operates Valley Place and North Lions Parks; and WHEREAS, the tennis and basketball courts in Valley Place Park and the west parking lot in North Lions Park are in poor condition; and WHEREAS, the 2017 Crystal Park and Recreation System Master Plan addresses improvements in both of these locations; and WHEREAS, WSB has prepared plans and specifications and advertisement for bids to improve the tennis and basketball courts in Valley Place Park and west parking lot in North Lions Park as one project; and WHEREAS, the Crystal Park and Recreation Commission has reviewed the plans for these projects, and WHEREAS, improvements of the tennis and basketball courts at Valley Place Park and west parking lot in North Lions Park are included in the 2024 long term plan; and WHEREAS, the plans and specifications are on file at Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota. NOW THEREFORE, BE IT RESOLVED: 1. That the Crystal City Council approves the plans and specifications for improvements in Valley Place and North Lions Parks; 2. That the Crystal City Council authorizes the advertisement for bids for construction of said improvements. Adopted by the Crystal City Council this 19th day of February, 2024. Jim Adams, Mayor ATTEST: __________________ __________ Christina Serres, City Clerk 6.4 Valley Place Park Tennis and Basketball Courts North Lions Park West Parking Lot 6.4 ADVERTISEMENT FOR BIDS VALLEY PLACE PARK & NORTH LIONS PARK IMPROVEMENTS ADVERTISEMENT FOR BIDS CITY OF CRYSTAL, MN WSB PROJECT NO. 024247-000 PAGE 1 VALLEY PLACE PARK & NORTH LIONS PARK IMPROVEMENTS FOR THE CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that Bids for the construction of Valley Place Park & North Lions Park Improvements will be received online through QuestCDN vBid™ until Thursday, April 18, 2024 at 2:00 pm local time. Immediately following expiration of the time for receiving bids, representatives of the City of Crystal will publicly view Bids at an online Bid opening meeting. Those interested in viewing the online Bid opening are welcome to join the meeting by logging on to https://zoom.us/join or calling 305-224-1968 and entering Meeting ID 912 0117 7055 and Passcode 602876. The as-read online Bid results will be available at www.questcdn.com following the Bid opening. All other data in a bidder's response to a bid are private or nonpublic data until completion of the selection process. In general, work consists of the following parking lot and tennis/basketball court improvements: Pavement removals, erosion control, earthwork, storm sewer improvements, concrete paving, asphalt paving, fencing, painting, and site amenities. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of this contract. All bidders and persons or companies providing a response/submission to the Advertisement for Bids of the City of Crystal shall comply with the provisions of the statute. Information and Bidding Documents for the Project can be found at www.questcdn.com. Bidding Documents may be downloaded from the website for a nonrefundable fee of $55 by inputting Quest project #9025707 on the website’s Project Search page. The website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the website www.questcdn.com. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from other sources. Bids will only be accepted via the electronic bidding service through QuestCDN. The City Council reserves the right to reject any and all Bids and to waive irregularities in any Bids received without explanation. No Bid may be withdrawn for a period of 60 days. The City Council will consider and possibly act to award the contract at its meeting on May 7, 2024, which starts at 7:00 PM at Crystal City Hall, 4141 Douglas Drive N, Crystal, MN 55422. For all further requirements regarding Bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. Bid Security in the amount of 5 percent of the amount of the bid must accompany each bid in accordance with the Instructions to Bidders. WSB LLC is the Designer of record on this project. WSB’s representative is Bob Slipka, PLA. Phone: 612-201-5949, Email: rslipka@wsbeng.com. THE CITY OF CRYSTAL, MN PUBLISHED IN: Crystal/Robbinsdale Sun Post March 28, 2024 and April 4, 2024 6.4 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: March 12, 2024 TO: Mayor and City Council Adam R. Bell, City Manager FROM: John Elholm, Recreation Director Matt Haga, Systems Administrator SUBJECT: Approval of an Agreement to Install Cameras in the South Parking Lot of the Crystal Community Center in Grogan Park. Grogan Park The south parking lot at the Crystal Community Center was rebuilt in 2023. As part of that project, conduit and electric wiring was run to 4 light poles for the addition of cameras in the future. The 2024 capital improvement plan (building fund) includes $80,000 for the addition of cameras to these light poles. The camera locations will be serviced by fiber runs to overcome the distance limitations present with ethernet cabling. Attached is a quote prepared by Computer Integration Technologies (CIT). The work they propose is all encompassing for the project; and includes four Verkada cameras, mounting hardware, cabling, and all installation services. These cameras will provide additional coverage of a city property that currently has limited, if any, security camera capabilities. Computer Integration Technologies provided a quote of $58,304 to complete this work. Requested Council Action Adopt the attached resolution approving an agreement with Computer Integration Technologies (CIT) in the amount of $58,304; for the installation of 4 cameras in the south parking lot of the Crystal Community Center. 6.5 CITY OF CRYSTAL RESOLUTION 2024 - APPROVING AN AGREEMENT TO INSTALL SECURITY CAMERAS IN THE SOUTH PARKING LOT OF THE CRYSTAL COMMUNITY CENTER IN GROGAN PARK PROJECT #S.0332 WHEREAS, the City of Crystal owns and operates Grogan Park and the Crystal Community Center; and WHEREAS, the City of Crystal is dedicated to providing reliable, secure and cost-effective information technology hardware for use by the City’s staff and citizens; and WHEREAS, conduit and electric wiring were run to four light poles in the south parking lot of the community center, for future installation of cameras, when the lot was rebuilt in 2023; and WHEREAS, the installation of cameras on these light poles is included in the 2024 Capital Improvement Plan – Building Fund; and WHEREAS, the project includes four Verkada cameras, mounting hardware, cabling, and all installation services; and WHEREAS, this project will ensure that the City of Crystal’s building security and safety capabilities at our Crystal Community Center facilities are improved; and WHEREAS, Computer Integration Technologies provided a quote of $58,304 for the purchase and installation of the Verkada surveillance cameras; and NOW, THEREFORE, BE IT RESOLVED: A. That the Crystal City Council wishes to enter into an agreement with Computer Integration Technologies (CIT) in the amount of $58,304; for the installation of four cameras in the south parking lot of the Crystal Community Center in Grogan Park. B. That the Crystal City Council hereby authorizes the mayor and city manager to sign the agreement with Computer Integration Technologies (CIT) to complete the work. Adopted by the Crystal City Council this 19th day of March, 2024. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.5 Monday, March 04, 2024 Nick Lesneski, Account Manager ● 651.255.5734 ● nick.lesneski@cit-net.com Parking Lot Coverage Presented by: City of Crystal 6.5 Service Descriptions Scope of Work CIT will furnish, install, terminate, test, and label 6-strands of Singlemode fiber from (4) light poles, that will have Verkada cameras installed, back to the server room. o The City of Crystal is providing the conduit, weatherproof cabinets, and electrical needs for each light pole. CIT will furnish, install, and focus (4) Verkada Multisensor camera and PoE++ power injector with 30 days of storage and 5-year licensing. CIT will furnish and mount (4) Intellinet industrial 4-port switches and power supplies with SFP ports to convert the fiber. CIT will furnish and mount (1) Intellinet 24-port switch with SFP ports to convert the fiber CIT will furnish (8) 1GB Singlemode GBICs. CIT and Verkada will help City of Crystal setup their Verkada Command account for managing Verkada cameras. Verkada will train authorized City of Crystal admin users on the operation of the cameras. Assumptions: o Work to be performed during normal business hours (M-F, 7am-5pm). o CIT will perform work on a Time and Materials basis and only charge for the materials and labor used to complete the project. o CIT is licensed and bonded following State building codes, policies, and standards for low voltage cabling. o City of Crystal staff will be responsible for adding employee database to Command and setting up profiles, access levels, schedules, notifications, etc. Verkada will setup a training session with key personnel to provide guidance on the setup. o CIT assumes City of Crystal staff will make network configuration changes needed for Verkada service. o CIT assumes City of Crystal has available PoE network ports for cameras. o City of Crystal will provide the use of scissor/boom lift for the installation of the cabling and cameras, if needed for the installation of the cabling and camera. o City of Crystal will contract an electrical contractor for any power and conduit needed for the installation of the solution, if needed. Cameras Description Qty Price Ext. Price Verkada CH52-E Outdoor Multisensor Camera, 4x5MP, Zoom Lens, 1TB of Storage, Maximum 30 Days of Retention 4 $2,575.00 $10,300.00 PoE++ (802.3bt-2018) Injector, GigE 4 $125.00 $500.00 Verkada Arm Mount 4 $75.00 $300.00 Verkada Pendant Cap Mount 4 $55.00 $220.00 Verkada Pole Mount, 2nd Generation 4 $168.00 $672.00 Verkada 5-Year CH52 Multisensor Camera License 4 $1,950.00 $7,800.00 Cameras Misc Materials Estimate 1 $500.00 $500.00 Installation Services Estimate 1 $2,550.00 $2,550.00 Fiber Materials Estimate 1 $10,484.00 $10,484.00 Page: 2 of 5Quote #023815 v3 6.5 Cameras Description Qty Price Ext. Price Fiber Installation Services Estimate 1 $18,500.00 $18,500.00 Subtotal:$51,826.00 Network Hardware Description Qty Price Ext. Price Intellinet Industrial 4-Port Gigabit Ethernet PoE++ Switch with 2 SFP Ports 4 $422.00 $1,688.00 Intellinet 240W Power Supply 4 $142.00 $568.00 Intellinet Ethernet Switch - 28 Ports - Manageable - Gigabit Ethernet - 10/100/1000Base-T, 10/100/1000Base-T - 2 Layer Supported - Modular - 4 SFP Slots - 431.70 W Power Consumption - 370 W PoE Budget - Twisted Pair, Optical Fiber - PoE Ports - Rack-mount 1 $524.00 $524.00 Intellinet INDUSTRIAL GIGABIT FIBER SFP OPTICAL TRANSCEIVER M 8 $50.00 $400.00 Subtotal:$3,180.00 2023 Services (T&M) This is NOT a fixed bid. Services will be billed on a time and materials basis. We will work closely with you and give you as much advance notice as possible if the project is likely to exceed this estimate. Description Qty.Std. Rate Discount Price Ext. Price CIT Network Engineer 16 $220.00 10.00%$198.00 $3,168.00 Subtotal:$3,168.00 Page: 3 of 5Quote #023815 v3 6.5 Parking Lot Coverage Prepared by:Prepared for:Quote Information: Computer Integration Technologies, Inc. City of Crystal Quote #: 023815 Nick Lesneski 651.255.5734 Fax 651.450.0300 nick.lesneski@cit-net.com 5001 West Broadway Ave Crystal, MN 55429 Matt Haga (763) 531-1101 matthew.haga@crystalmn.gov Version: 3 Delivery Date: 03/04/2024 Expiration Date: 04/30/2024 Quote Summary Description Amount Cameras $51,826.00 Network Hardware $3,180.00 2023 Services (T&M)$3,168.00 Subtotal:$58,174.00 Shipping:$130.00 Total:$58,304.00 By signing this quote, it is assumed that CIT will proceed with placing orders for the recommended products and services. Quoted prices are based upon market pricing at the time of the quote. Due to fluctuating market conditions, pricing for third-party hardware, services, and related products are subject to change due to the market pricing in effect at the time of delivery. CIT will make commercially reasonable efforts to communicate with the customer for material price increases prior to delivery. Beyond the standard configuration and deployment of the tool/service, additional configuration, tuning will be billed T&M. Quotes are subject to customer credit terms and conditions. CIT requires 50% down payment upon acceptance on all orders over $10,000 unless prior approval has been given. Additional down payment may be required if customer credit line is insufficient. Each of the parties hereto has caused this Schedule to be duly executed by their authorized representatives on the date expressed below. The terms of this project proposal ("Schedule") by and between Computer Integration Technologies, Inc., (“CIT”) and Customer are part of, and are hereby incorporated into, the Master Service Agreement executed by CIT and Customer. Please do not pay from quote; taxes, shipping, handling and other fees may apply. Not all items are available for refund or exchange and must be approved by CIT prior to product return. Customers may need to work directly with manufacturers for item returns. Page: 4 of 5Quote #023815 v3 6.5 Computer Integration Technologies, Inc.City of Crystal Signature: Name:Nick Lesneski Title:Account Manager Date:03/04/2024 Signature: Name:Jim Adams, Mayor Date: Page: 5 of 5Quote #023815 v3 Signature: Name:Adam R. Bell, City Manager Date: 03/19/2024 03/19/2024 6.5 Memorandum DATE: March 19, 2024 TO: City Council FROM: Ben Perkey, PE, Interim Director of Public Works/City Engineer Brad Fortin, Superintendent of Parks and Facilities SUBJECT: HVAC Upgrades for the Crystal Public Works Facility Background The Long-Term Plan includes $35,000.00 in 2024 for engineering services and design work to design supplemental heating systems at the Crystal Public Works facility. The facility was originally constructed in 2014 and was designed to be a green building. Heating for the facility revolves around a geothermal system with multiple wells constructed under the parking lot. Energy harvested from the earth is converted through a series of various heat pumps. However, heating the Public Works facility during the winter months has proven to be very difficult and insufficient at times. In order to upgrade our existing system, we must start with a designed and engineered plan. Harris Mechanical, Inc. has been involved with the building since construction and has the expertise to lead this design. Harris Mechanical, Inc. has provided an Engineering Services proposal in the total of $33,136. The next phase of this project would be to upgrade the existing HVAC system with gas fired hot water boilers for the central offices and gas fired unit heaters to supplement the mechanic’s shop. Project highlights •Provide a design for improved seasonal heat for the Crystal Public Works facility •Extend the life of the existing heat pumps by letting them operate at lower frequencies •Still maintain the facility’s green footprint by improving the efficiency of the geothermal heating system Attachment •Professional services proposal from Harris Mechanical, Inc. dated December 21st, 2023. Recommended Action •Motion to approve the resolution authorizing the engineering services contract for the design and engineering of HVAC upgrades at the Crystal Public Works facility. 6.6 1 | Page PROJECT PROPOSAL Company Proposal Date: December 21st, 2023 Harris 909 Montreal Cir St. Paul, MN 55102 Customer: Location: City of Crystal Public Works 5001 West Broadway Crystal, MN 55429 City of Crystal Public Works 5001 West Broadway Crystal, MN 55429 Engineering Scope: - Drawing of existing building backgrounds for starting mechanical design. - Calculations and verification of existing building system capabilities. - Design of new heating system. - Boiler and UH equipment selection. - Documentation of design and stamped drawings by certified PE. - Mechanical permitting as required for the project. Exclusions: - Equipment purchasing. - Engineering admin work during project such as submittal approval and punch list. - Construction of any kind. Harris Engineering Legal Terms Agreement Harris Mechanical, recognized as a mechanical contractor, wishes to clarify the scope of insurance coverage. We are not insured to provide mechanical engineering services as an engineering firm to other contractors. Therefore, in accordance with our contractual and insurance limitations, this project will be managed as design-build . Within this framework, Harris Mechanical, in our capacity as the construction contractor, will hold exclusive rights to utilize the officially stamped prints. PRICING Mechanical Engineering Documentation: $33,136.00 Upon execution as provided below, this agreement, including the following pages attached hereto (collectively, the “Agreement”), shall become a binding and enforceable agreement against both parties hereto. Customer, by execution of this Agreement, acknowledges that it has reviewed and understands the attached terms and conditions and has the authority to enter into this Agreement. Harris Mechanical City of Crystal Public Works Signature (Authorized Representative) Anthony Bolduc Signature (Authorized Representative) Name (Print/ Type) (612) 201-5593 Name (Print/ Type) Phone 1/3/2024 Title Date Date PO# 6.6 2 | Page Project Agreement Terms and Conditions The following terms and conditions are incorporated into and a part of the agreement between Contractor and Customer (the "Agreement"): 1. Customer shall permit Contractor free and timely access to areas and equipment and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours. 2. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates in effect. CONTRACTOR MAKES NO OTHER WARRANTIES, EXCEPT AS DESCRIBED HEREIN, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3. Contractor may invoice Customer on a monthly basis. Customer will promptly pay invoices within thirty (30) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately without notice or demand. In addition, if Contractor does not receive payment of a properly submitted invoice within thirty (30) days, Customer shall accrue a late charge on the balance outstanding at the lesser of (a) 1 1/2% per month of (b) the highest rate allowed by law, in each case compounded monthly to the extent allowed by law. 4. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an extra charge (fixed price amount to be negotiated or on a time-and-materials basis at Contractor's rates then in effect) over the sum stated in this Agreement. 5. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all court costs and attorneys' fees incurred by Contractor. 6. In the event of a breach by Contractor of the terms of this Agreement, including without limitation Section 2, or in the event Customer incurs any liability in connection with the rendering of services by Contractor, Customer's sole remedy against Contractor shall be for Contractor to re-perform the services in accordance with the warranty or, if such services cannot be re-performed or such re-performance does not cure the breach or the liability, to refund to Customer the amount paid to Contractor under this Agreement, up to Customer's direct damages caused by such breach or liability. Notwithstanding the foregoing, in no event shall the liability of Contractor in connection with any products or services, whether by reason of breach of contract, tort (including without limitation negligence), statute or otherwise exceed the amount of fees paid by Customer to Contractor for those products or services. Further, in no event shall Contractor have any liability for loss of profits, loss of business, indirect, incidental, consequential, special, punitive, indirect or exemplary damages, even if Contractor has been advised of the possibility of such damages. In furtherance and not in limitation of the foregoing, Contractor shall not be liable in respect of any decisions made by Customer as a result of Contractor's services. Any action, regardless of form, against the Contractor relating to this Agreement, or the breach thereof, must be commenced within one (1) year from the date of the work. 7. Contractor shall not be liable for any delay, loss, damage or detention caused by acts or circumstances beyond its control including, without limitation, unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, war, acts of terrorism, action of the elements, forces of nature, or by any cause beyond its control. 6.6 3 | Page 8. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agent and employees from and against all claims, liabilities, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work hereunder or any act or omission arising out of or related to this Agreement, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in party by the negligence of Contractor. Further, and notwithstanding the preceding sentence, Contractor shall be held harmless and shall not be liable to Customer for any claims, liabilities, damages, losses and expenses related to mold or to the creation of mold at Customer’s location(s) and shall have no obligation to treat, identify or remove such mold. 9. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos, mold or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes and materials are encountered, Contractor's shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. As previously provided, Contractor shall be held harmless and shall not be liable for any claims, liabilities, damages, losses and expenses related to such substances, wastes and materials, including the failure to identify or notify Customer of such substances, wastes and materials. 12. This Agreement is between Contractor and Customer alone, and neither intends that there be any third-party beneficiaries to this Agreement. Without limiting the generality of the foregoing, by entering into this Agreement and providing services on Customer's behalf, Contractor is not assuming any duty or obligation to any of Customer's employees, vendors, clients, subcontractors, agents, shareholders, partners or members. Customer agrees to indemnify and hold Contractor harmless from and against any and all liabilities, losses, claims, costs, expenses and damages (including without limitation reasonable attorneys' fees) incurred by Contractor by reason of a claim brought against Contractor by any of Customer's employees, vendors, clients, subcontractors, agents, shareholders, partners or members with respect to the services provided by Contractor on Customer's behalf. 13. Each of the parties hereto is an independent contractor and neither party is, nor shall be considered to be, an agent, distributor or representative of the other. Neither party shall act or present itself, directly or indirectly, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. 14. These terms and conditions, together with the attached documents, constitutes the entire agreement and understanding among the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. It sets forth the terms for the provision of any products or services Contractor may provide Customer, whether in connection with the particular engagement that is identified as the subject of this Agreement or otherwise, unless and until a written instrument is signed by an authorized representative of Contractor agreeing to different terms. This Agreement shall not be assignable by Customer and Contractor without the express prior written consent of either party. This Agreement shall be governed by and construed in accordance with the laws of the State of the Contractor's headquarters are located, without giving effect to that State's conflicts of laws principles. 15. If paying with credit card a 3% surcharge will be added to total project price. 6.6 RESOLUTION NO. 2024 - _____ AUTHORIZING THE CONTRACT FOR ENGINEERING AND DESIGN SERVICES FOR HVAC UPGRADES FOR THE CRYSTAL PUBLIC WORKS FACILITY WHEREAS, the Crystal City Council is committed to energy conservation and maintaining temperature control in its municipal buildings, and; WHEREAS, upgrading our HVAC system at the Crystal Public Works facility requires intricate engineering and design to determine the facility’s needs, and; WHEREAS, the need to upgrade the heating system at our Public Works facility is apparent, and; WHEREAS, the City’s Long Term Plan has funds available for such upgrades, and; WHEREAS, Harris Mechanical, Inc. is a well-known and reputable contractor and has previously worked in the Crystal Public Works facility. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the professional services agreement to Harris Mechanical Inc. for the engineering and design of the HVAC system at the Crystal Public Works facility. 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 19th day of March, 2024. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.6 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, MARCH 19, 2024 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Approval of minutes from February 20, 2024 regular meeting 4. Consider a resolution amending the subgrant agreement for a Hennepin County Brownfields grant at 3401-3417 Douglas Dr. N. 5. Property status update * 6. Other business * 7. Adjournment * *Items for which no materials are included in the packet Page 1 of 3 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting Council Chambers February 20, 2024 1. Call to Order President Onesirosan called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 7:31 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, John Budziszewski, David Cummings, Forest Eidbo (attending remotely in accordance with M.S. Section 13D.02), Traci Kamish, Therese Kiser and Taji Onesirosan. The following staff were present: Executive Director Adam Bell, Deputy Executive Director John Sutter and City Attorney Jason Hill. 3. Approval of Minutes Moved by Commissioner Adams (Kamish) to approve the minutes from the January 2, 2024 annual organizational meeting. Motion carried. 4. 2024 Work Program discussion Staff presented information about existing and potential work program elements including façade grants, artistic wraps for traffic signal cabinets and entry monument signs. After EDA discussion, staff will develop more focused criteria but wider geographic eligibility for façade grants, seek local artists’ proposals for cabinet wraps, and gather additional information about potential entry monuments as a possible 2025 project. 5. Property Status Update Staff provided updates on the following properties: 6827 56th Ave. N. (Bass Lake Road) - vacant Dairy Queen 3600 Douglas Dr. N. - Wine Thief & Ale Jail Page 2 of 3 6. Other Business There was no other business. 7. Adjournment Moved by Commissioner Kiser (Kamish) to adjourn the meeting. Motion carried. The meeting adjourned at 8:30 p.m. Page 3 of 3 These minutes of the February 20, 2024 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Taji Onesirosan, President ATTEST: ______________________________ Traci Kamish, Secretary 3401-3417 DOUGLAS DR N – AMEND SUB GRANT AGREEMENT PAGE 1 OF 2 __________________________________________________________________________ FROM: Dan Olson, City Planner __________________________________________________________________________ TO: Adam R. Bell, Executive Director (for March 19 EDA Meeting) DATE: March 13, 2024 RE: Consider a resolution amending the subgrant agreement for a Hennepin County Brownfields grant at 3401- 3417 Douglas Dr N. BACKGROUND On June 20, 2023 the EDA approved a grant agreement with Hennepin County and a subgrant agreement with Hampton Companies for a property cleanup at 3401-3417 Douglas Drive North, vacant lots owned by the EDA. Hampton purchased the properties not long after these grant agreements were approved and is now ready to begin construction of eight townhome units. Hampton is requesting that the subgrant agreement be amended to allow them to use a different engineering firm to oversee the implementation of the MPCA’s Response Action Plan (RAP) than the firm designated in the agreement. City staff is in agreement with this change. ATTACHMENTS: 1.First Amendment to the subgrant agreement 2.Resolution amending subgrant agreement EDA STAFF REPORT Amend Subgrant Agreement for 3401 – 3417 Douglas Drive North 3401-3417 DOUGLAS DR N – AMEND SUB GRANT AGREEMENT PAGE 2 OF 2 ACTION REQUESTED EDA approval of the attached resolution is requested. 2022 Aerial Photo: CR205-30-939378.v2 FIRST AMENDMENT TO THE SUBGRANT AGREEMENT WITH HAMPTON COMPANIES, LLC This First Amendment (“Amendment”) to the Subgrant Agreement (“Agreement”) is made an entered into effective this 19th day of March 2024 by and between the Economic Development Authority of the City of Crystal, a Minnesota economic development authority (the “Grantee”), and Hampton Companies, LLC, a limited liability company in the state of Minnesota (“Subgrantee”). Grantee and Subgrantee may hereinafter be referred to individually as a “party” and collectively as the “parties.” RECITALS A.The parties entered into the Agreement dated June 20, 2023 to set out the terms by which the Grantee would make grant funds the Grantee received from Hennepin County pursuant to a Environmental Response Grant Agreement to the Subgrantee for environmental cleanup of Subgrantee’s properties located at 3401 - 3417 Douglas Drive North in the City of Crystal. B.The Subgrantee had been working with the engineering firm Braun Intertec regarding the project and the Agreement identifies that firm as the engineer on the project. C.The Subgrantee has requested the Agreement be amended to allow it to select another engineering firm to assist it with the project. D.The Grantee is agreeable to the amendment, provided the City of Crystal staff approve of the new engineering firm. AMENDMENT In consideration of the on-going premises and the mutual promises set forth in the Agreement, the parties hereby agree to amend the Agreement as follows: (1)The parties agree the first paragraph of the Agreement is hereby amended by adding the double underlined material as follows: 1.Project. Subgrantee agrees to undertake and complete the Project in accordance with the requirements of the Grant Agreement, this Agreement, and all applicable federal, state, and local laws, rules, regulations, and ordinances. Subgrantee shall, at its own cost, hire the Engineer, or other engineering firm approved by Grantee’s staff, to oversee the Project to ensure it is conducted in accordance with the requirements of the Grant Agreement and applicable laws. Subgrantee is solely responsible for hiring such other contractors as may be needed to complete the Project in accordance with the Grant Agreement. (2)The parties agree the Agreement remains valid and that no other changes to it are intended by this Amendment. The parties have entered into this Amendment effective as of the date first written above. Attachment A CR205-30-939378.v2 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL _________________________________________ Taji Onesirosan, President _________________________________________ Adam R. Bell, Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2024, by Taji Onesirosan and Adam R. Bell, the President and Executive Director, respectively, of the Economic Development Authority of the City of Crystal, a Minnesota economic development authority, on behalf of the authority. Notary Public NOTARY STAMP OR SEAL CR205-30-939378.v2 HAMPTON COMPANIES, LLC By: _________________________________ Its: _________________________________ STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of March 2024, by Joel T Larson, the President of Hampton Companies, LLC, a limited liability company in the State of Minnesota on behalf of the company. Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (TJG) Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024 - 01___ RESOLUTION APPROVING A FIRST AMENDMENT TO A SUBGRANT AGREEMENT WITH HAMPTON COMPANIES, LLC WHEREAS, the Economic Development Authority of the City of Crystal (“EDA”) entered into a purchase agreement with Hampton Companies, LLC (“Hampton”) to purchase the Properties located at 3401 - 3417 Douglas Drive North (collectively, the “Properties”); and WHEREAS, the EDA also entered into a Subgrant Agreement (“Agreement”) with Hampton to allow them to utilize grant funds the EDA received from Hennepin County pursuant to an Environmental Response Fund Grant Agreement to clean contaminated soils from the Properties; and WHEREAS, the Agreement indicated Hampton would continue to work with the same engineering firm that performed the initial environmental reviews of the Properties, but Hampton has requested the Agreement be amended to allow it to select a different engineering firm to assist it in with the project; and WHEREAS, the attached First Amendment to the Subgrant Agreement with Hampton Companies, LLC (“Amendment”) was prepared to accommodate the request; and WHEREAS, the EDA is agreeable to the proposed Amendment, provided EDA/City staff approves of the engineering firm Hampton desires to hire for the project. NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the City of Crystal that it hereby approves the attached Amendment to the Agreement and authorizes the President and Executive Director to execute it on behalf of the EDA. Adopted this 19th day of March 2024. ____________________________________ Taji Onesirosan, President ____________________________________ Adam R. Bell, Executive Director Attachment B Please hand this form to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please pr'nt clearly) The topic I wish to address is: j G u 1� Name•zC4 Address: zz L�oq� -1 V6- Zip Code:�� Date: Z Day Phone (optional): c ' Email (optional): _ Thank you for your attendance and participation. Please hand this form to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is: _ zc�✓1 1�� �Io Name: Address:_ `16A Zip Code: ^_ ku✓tJ(-e/L Awe N Date: Day Phone (optional): & /-. - 5 (%iD ` t' 2 q-- Email (optional): Thank you for your attendance and participation.