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2025.11.18 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Nov. 14, 2025 City Council Meeting Schedule Tuesday, Nov. 18, 2025 Time Meeting Location 6:30 p.m. City council work session to discuss: 1. Blue Line project update.* 2. Anti-displacement Community Prosperity Program update.* 3. Community Development Department quarterly update.* 4. Long Term Plan/Budget follow-up.* 5. Council liaison reports.* 6. Constituent issues update.* 7. City manager update.* 8. New business.* 9. Announcements.* Upper community room/Zoom 7 p.m. City council meeting Council chambers/Zoom Immediately following the city council meeting Economic Development Authority (EDA) meeting The EDA may close a portion of the meeting in accordance with M.S. 13D.05, Subd. 3 (c)(3). Council chambers/Zoom Immediately following the EDA meeting Continuation of city council work session, if necessary. Upper community room/Zoom Per the requirements of Minnesota Statutes, Section 13D.02, council members may participate by interactive technology. 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 regular meeting and EDA meeting. Time: Nov. 18, 2025, 6:30 p.m., Central Time (US and Canada) Join Zoom work session, regular meeting and EDA meeting: https://us02web.zoom.us/j/85963953511?pwd=hu2DisSGOWUCbEtwJhQb64hwyyi7eM.1 Meeting ID: 859 6395 3511 | Passcode: 4141 Find your local number: https://us02web.zoom.us/u/kmCtQBfV4 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: Nov. 14, 2025 City Council Work Session Agenda Tuesday, Nov. 18, 2025 | 6:30 p.m. Upper Community Room/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council work session was held on Tuesday, Nov. 18, 2025, at _____ p.m. electronically via Zoom and in the upper community room at city hall, 4141 Douglas Dr., Crystal, Minnesota. If the agenda items are not completed in time for the regular city council meeting at 7 p.m., the meeting will be continued and resumed immediately following the Economic Development Authority meeting. I. Attendance Council members Staff ____ Budziszewski ____ Bell ____ Sutter ____ Cummings ____ Tierney ____ Serres ____ Deshler ____ Therres ____ Eidbo ____ Elholm ____ Kamish ____ Hubbard ____ Kiser ____ Kunde ____ Onesirosan ____ Struve II. Agenda The purpose of the work session is to discuss the following agenda item s: 1) Blue Line project update.* 2) Anti-displacement Community Prosperity Program update. * 3) Community Development Department quarterly update.* 4) Long Term Plan/Budget follow-up.* 5) Council liaison reports.* 6) Constituent issues update. * 7) City manager update* 8) New business. * 9) Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Page 1 of 2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Nov. 14, 2025 City Council Meeting Agenda Tuesday, Nov. 18, 2025 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 Chief Hubbard will recognize Police Reserve Captain Nathan Betters for 20 years of service to the Police Reserve Unit.* 4. Consent Agenda The council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The city council work session on Nov. 4, 2025. b. The city council meeting on Nov. 4, 2025. 4.2 Approval of disbursements over $25,000 submitted by the finance department. 4.3 Approval of the list of license applications submitted by the city clerk. 4.4 Adoption of a resolution accepting a donation. 4.5 Adoption of a resolution recognizing Nov. 27, 2025, as Day of Thanksgiving in the City of Crystal. 4.6 Adoption of a resolution recognizing Nov. 29, 2025, as Small Business Saturday in the City of Crystal. 4.7 Adoption of a resolution authorizing an application to the Metropolitan Council Environmental Services Private Property Inflow and Infiltration Grant Program. 4.8 Adoption of a resolution approving the purchase of a one-ton GMC Sierra 3500 truck and half-ton GMC Sierra 1500 truck for the Public Works Utilities Department. 4.9 Adoption of a resolution authorizing a grant agreement with the Minnesota Department of Public Safety for the 2025-2026 Multicultural Education Program. 4.10 Adoption of a resolution approving a joint powers agreement with the Minnesota Department of Public Safety for prosecuting attorney access to criminal justice data. Page 2 of 2 4.11 Annual notification of the Police Department Body Worn Camera Audit to the City Council. 4.12 Acceptance of the resignation of Octavia Treadway from the Inclusion and Diversity Commission.* 4.13 Appointment of Justin Russell to the Sustainability Commission. 5. Open Forum (The city council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for open forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the council during open forum. The council may place items discussed during open forum onto subsequent council meeting agendas). 6. Regular Agenda 6.1 The council will consider the second reading of an ordinance amending Chapter IX Public Safety, Section 910 Animal Control and adding Section 911 Beekeeping, and a resolution approving language for summary publication. At the Nov. 4 meeting, the council considered the first reading of the proposed ordinance regarding an expansion of the rules for keeping domestic animals, specifically to allow the keeping of ducks. At that first reading, a few minor revisions were requested. Those revisions have been made, and are now included in the proposed ordinance. The proposed ordinance also adds the ability for residents to keep honey bees. Lastly, the proposed ordinance updates some of the existing language and adds several best practice sections regarding the regulation of wild and exotic animals. The council is considering the second reading and adoption of the proposed ordinance, as well as approval of language for summary publication. Recommend approval of the second reading and adoption of the proposed ordinance and the resolution approving language for summary publication. 7. Announcements a. The METRO Blue Line Extension will hold a community update meeting on Thursday, Nov. 20 from 5-7 p.m. at the Crystal Community Center. b. City offices will be closed Thursday, Nov. 27 and Friday, Nov. 28 in observance of the Thanksgiving Day holiday. c. The next city council meeting is Tuesday, Dec. 2, at 7 p.m. in the council chambers at city hall and via Zoom. d. The city is accepting applications for several volunteer positions on our boards and commissions. We have openings on the Sustainability Commission, Inclusion and Diversity Commission, Planning Commission, Parks and Recreation Commission, Employee Review Board, and on the Metro Blue Line Business Advisory Committee. For more information, please visit the city’s website. e. City council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment *Denotes no supporting information included in the packet. Have a great weekend; stay healthy. See you at Tuesday’s meeting. Crystal City Council meeting minutes Nov. 4, 2025 Page 1 of 2 1.Call to Order Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council meeting was held on Nov. 4, 2025, at 7:02 p.m. in the council chambers at city hall, 4141 Douglas Dr. N. in Crystal, MN, and via Zoom. Mayor Deshler called the meeting to order. Roll Call Mayor Deshler asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Onesirosan, Budziszewski, Cummings, Deshler, Eidbo, Kamish and Kiser. City staff present: City Manager A. Bell, City Attorney R. Tierney, Assistant City Manager/HR Manager K. Therres, Police Chief B. Hubbard, Deputy Police Chief P. Underthun, Public Works Director/City Engineer J. Struve and City Clerk C. Serres. Pledge of Allegiance Mayor Deshler led the council and audience in the Pledge of Allegiance. 2.Approval of Agenda The council considered approval of the agenda. Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve the agenda. Motion carried. 3.Consent Agenda The council considered the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a.The city council work session on Oct. 21, 2025. b.The city council meeting on Oct. 21, 2025. c.The city council special work session on Oct. 23, 2025 3.2 Approval of disbursements over $25,000 submitted by the finance department. 3.3 Approval of the list of license applications submitted by the city clerk. 3.4 Adoption of Resolution No. 2025-96, recognizing Veterans Day in the City of Crystal. 3.5 Appointment of ReNae Bowman to the Sustainability Commission. 3.6 Adoption of Resolution No. 2025-97, declaring several diseased trees on private properties as public nuisances and ordering them abated. 3.7 Adoption of Resolution No. 2025-98, approving an agreement with WSB to develop construction documents for projects in Forest School Park and Woodland Park. 3.8 Approval of an easement encroachment agreement for a sport court at 4824 56th Ave. N. Moved by Council Member Kiser and seconded by Council Member Kamish to approve the consent agenda. Motion carried. 4.1(a) Crystal City Council meeting minutes Nov. 4, 2025 Page 2 of 2 4. Open Forum The following persons addressed the council: • Jim Adams, 5916 29th Pl. N., and Joaquin Martinez, 5406 Hampshire Ave. N., regarding upcoming community events at the Church of St. Raphael’s. • Burt Orred, 6700 60th Ave. N, regarding the city’s animal ordinance. 5. Regular Agenda 5.1 The council considered the first reading of an ordinance amending Chapter IX Public Safety, Section 910 Animal Control and adding Section 911 Beekeeping. City Manager Adam R. Bell addressed the council. Moved by Council Member Kiser and seconded by Council Member Budziszewski to adopt the following ordinance: ORDINANCE 2025 - 13 AN ORDINANCE TO AMEND CHAPTER IX PUBLIC SAFETY, SECTION 910 ANIMAL CONTROL AND ADD SECTION 911 BEEKEEPING And further, that the second and final reading will be held on Nov. 18, 2025. Voting aye: Onesirosan, Budziszewski, Cummings, Deshler, Eidbo, Kamish and Kiser. Motion carried. 6. Announcements The council and staff made announcements about upcoming events. 7. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Cummings to adjourn the meeting. Motion carried. The meeting adjourned at 7:52 p.m. ___________________________________ Julie Deshler, Mayor ATTEST: _____________________________________ Chrissy Serres, City Clerk 4.1(a) Crystal City Council work session minutes Nov. 4, 2025 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council work session was held at 6:30 p.m. on Nov. 4, 2025, in the upper community room at city hall, 4141 Douglas Dr. N., Crystal, MN, and via Zoom. Mayor Deshler called the meeting to order. I.Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Onesirosan, Budziszewski, Cummings, Deshler, Eidbo, Kamish and Kiser. City staff present: City Manager A. Bell, City Attorney R. Tierney, Assistant City Manager/HR Manager K. Therres, Police Chief B. Hubbard, Deputy Police Chief P. Underthun, Public Works Director/City Engineer J. Struve and City Clerk C. Serres. II.Agenda The council and staff discussed the following agenda item: 1)Police Department quarterly update. At 6:51 p.m., Mayor Deshler recessed the work session. Mayor Deshler reconvened the work session at 7:57 p.m. to continue discussion of the following agenda items: 2)Speeding follow-up. 3)Constituent issues update. 4)New business. 5)Announcements. III.Adjournment The work session adjourned at 8:56 p.m. Julie Deshler, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(b) DATE: November 10, 2025 TO: Adam R. Bell, City Manager City of Crystal City Council FROM: Jodi Bursheim, Contracted Finance Director RE: Expenditures over $25,000 Payee Amount Flagship Recreation LLC Twin Oaks Play Area Surfacing $46,543.21 HDR Engineering Inc JWC Condition Assessment Project (Pass-Through Cost)$28,995.95 Tubman Quarter 1 - Quarter 3 2025 Domestic Violence Services $43,125.00 Golden Valley JWC JWC August Water Charges $268,606.91 IRS - EFTPS Federal & FICA Withholding Taxes for 10/24/25 Pay Date $80,781.95 MN PERA Employee & City Required Contributions for 10/24/25 Pay Date $78,535.17 $546,588.19 Description 4.2 1 City of Crystal Council Meeting Nov. 18, 2025 Applications for City License Lawful gambling (temporary) Neill Elementary PTO, 6600 27th Ave. N., Crystal, MN 55427 (to conduct a bingo event on Jan. 29, 2026) Rental (new) 5800 36th Ave. N. – Daljit Chawla (Conditional) 3845 Douglas Dr. N. – Edwin Matthew Schafer 7001 Valley Pl. N. – Darwin Leon (Conditional) 6409 47th Ave. N. – Filipino American Properties LLC (Conditional) Rental (renewal) 5017 Angeline Ave. N. – Clifford Benson 5319 Angeline Ave. N. – Brett Johnson (Conditional) 3608 Brunswick Ave. N. – Invitation Homes (Conditional) 3657 Brunswick Ave. N. – Samory Diakite (Conditional) 3157 Douglas Dr. N. – Drew and Terri Kabanuk (Conditional) 3219 Douglas Dr. N. – Douglas Drive Ventures LLC 3616-3618 Douglas Dr. N. – Mark Orth (Conditional) 4550 Douglas Dr. N. – Lancelot Properties LLC 5830 Elmhurst Ave. N. – John Sexter 5102-5104 Hampshire Ave. N. – Brian Cody 5936 Kentucky Ave. N. – Aaron Voreis (Conditional) 3500 Kyle Ave. N. – Joshua Breitung and Martin Kosto (Conditional) 6030 Lakeland Ave. N. – Apartauto Inc. 4832 Louisiana Ave. N. – Aquila Properties LLC (Conditional) 5710 Orchard Ave. N. – Todd Havisto (Conditional) 3524 Quail Ave. N. – Iasis IV LLC (Conditional) 5408 Unity Ave. N. – Melyzedeck and Abigail Kerongo (Conditional) 7225 Valley Pl. N. – Brad Rosenberger (Conditional) 5517 Welcome Ave. N. – NB Estates LLC (Conditional) 3636 Xenia Ave. N. – Pro Operam Sub III LLC 5714 Yates Ave. N. – Jenny Leonard (Conditional) 4409 Zane Ave. N. – 4800 C Heights LLC (Conditional) 6012 36th Ave. N. – Roberta Brown (Conditional) 6621 41st Pl. N. – Invitation Homes (Conditional) 6610 42nd Ave. N. – Robert Hovland 6617 52nd Ave. N. – Ripberger LLC 6818 58th Ave. N. – Invitation Homes (Conditional) 4.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025 – ____ 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 VFW Post 494 Auxiliary Living Legacy trees $1,000 Twin Oaks Park Veterans Memorial AND BE IT FURTHER RESOLVED, that the Crystal City Council sincerely thanks the above-named for their generous donation. Dated this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.4 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025 – ___ RESOLUTION RECOGNIZING DAY OF THANKSGIVING WHEREAS, our forefathers established a day of Thanksgiving – a special day set aside to give thanks and acknowledge their blessings; and WHEREAS, it has become traditional for the people of the United States to celebrate a day of Thanksgiving as a way of reflecting on their many blessings and giving thanks for all they have been given; and WHEREAS, the people of this country, and more specifically, the people of Crystal, are truly blessed with much for which to be thankful; and WHEREAS, as we count our blessings, let us not forget the freedoms we so often take for granted, freedoms that were hard-fought by earlier generations and current service men and women who have given their lives so that we might be free; and WHEREAS, with these freedoms come a responsibility – it is up to each of us to find a way to participate in the community, by working through the churches, the schools, local service organizations, and the City to help improve the quality of life for those who are less fortunate. NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council, that November 27, 2025, is declared "Day of Thanksgiving" in Crystal. On this day, let us reflect upon the many blessings we enjoy. Let us be mindful of the tremendous virtue in lifting up our friends, neighbors, and loved ones throughout the year. Finally, let us resolve to engage in daily acts of kindness and compassion, acts that will help bind us as a special community in this wonderful place we call home. Dated this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025-___ RECOGNIZING SMALL BUSINESS SATURDAY WHEREAS, the City of Crystal celebrates our local small businesses and the contributions they make to the local economy and community; and WHEREAS, for many local residents the Thanksgiving holiday kicks off a season of gathering, dining, shopping, and experiencing arts and culture, and consumers know that supporting small, independently-owned businesses has positive social, economic, and environmental impacts; and WHEREAS, the City of Crystal has partnered with Hennepin County and the Hennepin County Housing and Redevelopment Authority to launch the multijurisdictional Love Local campaign which encourages residents to support local businesses that create jobs, boost the local economy, and make our communities vibrant and livable; and WHEREAS, public and private organizations across the county have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that November 29, 2025 be recognized as Small Business Saturday in the City of Crystal. BE IT FURTHER RESOLVED, that the City Council of the City of Crystal recommends that residents of the community support small businesses and merchants on Small Business Saturday and throughout the year. Adopted this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.6 COUNCIL STAFF REPORT DATE: November 12, 2025 FROM: John Sutter, Community Development Director TO: Mayor and City Council City Manager Adam R. Bell CC: Jesse Struve, Public Works Director RE: Resolution authorizing an application to the Metropolitan Council Environmental Services Infiltration and Inflow Grant Program for 2026. In 2025 the city applied for $200,000 and was awarded $57,000 by Metropolitan Council Environmental Services (MCES) to provide grants to homeowners to line or repair sanitary sewer services and reduce infiltration and inflow (I+I) into the sanitary sewer system. The grants are for 50% of the eligible costs with a maximum grant of $5,000. Lower income households can boost their MCES grant with an additional grant from the EDA’s home improvement grant program. The city program is jointly administered by the Community Development (CD) and Public Works (PW) departments: •CD ensures that applications are complete (including two bids), confirms that the property is eligible, and coordinates with Center for Energy and Environment for use of the EDA’s home improvement grant program in conjunction with the MCES grant. •PW ensures that the sewer work is eligible, coordinates with the sewer contractor, and handles payments and reimbursements from MCES. The city program went “live” in January 2025. By March 20, 2025, 12 qualifying projects had exhausted the $57,000 award, and the program was closed for the remainder of the year. Because the program expires on Dec. 31 of each year, the city must apply to MCES to continue the program in 2026. Based on the strong demand for the program as demonstrated by the fact that the 2025 award of $57,000 was exhausted in less than three months, staff will again apply for $200,000 for 2026. While it is unlikely that the city would be awarded this amount, staff opinion is that it reflects the actual level of demand. City Council approval of the attached resolution is requested. 4.7 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025-___ AUTHORIZING THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES PRIVATE PROPERTY INFLOW & INFILTRATION GRANT PROGRAM WHEREAS, the Metropolitan Council Environmental Services (MCES) has identified the City of Crystal as one of the many metro cities that have quantities of storm water and ground water, commonly referred to as Inflow and Infiltration (I&I), entering the public sanitary sewer system; and WHEREAS, in 2022 the Minnesota Legislature amended State Statute 471.342 to allow the Met Council to provide grant funding to local municipalities to assist private property owners with costs associated with repairing sewer infrastructure on their property; and WHEREAS, the City has identified private sanitary sewer system components requiring rehabilitation to minimize or eliminate I&I; and WHEREAS, the City has programs in place providing assistance to line private sanitary sewer services, including local sources for lower income households in addition to and existing MCES-funded program for all households; and WHEREAS, MCES funding for the existing program expires on Dec. 31, 2025; and WHEREAS, the City desires to continue the grant program but is unable to do so solely with local resources; and WHEREAS, the City Manager has read the program guidelines and supports participation in the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1. The Department of Public Works is authorized to apply for these grants. 2. Jesse Struve, Director of Public Works, or his designee is authorized to submit the applications and to serve as the contact person. 4.7 3. The City agrees to remit available grant funding towards the continued minimization or elimination of excessive I&I within the public sanitary sewer system. 4. The City will secure and retain invoices for all eligible repairs and that MCES will have reasonable access to audit these records upon request. 5. The City Manager is authorized to sign said agreement. Adopted by the Crystal City Council this 18th day of November, 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.7 COUNCIL STAFF REPORT DATE: 11/18/25 FROM: Jesse Struve, PE, Director of Public Works / City Engineer TO: Mayor and City Council City Manager Adam R. Bell CC: RE: Authorize Purchase of Utility Trucks Background The 2025 Long Term Plan includes funding for the replacement of utility service truck #401 in the amount of $100,000. The existing vehicle is 12 years old and has been used heavily by our Utility maintenance team. Staff evaluated the vehicle to determine if it could be extended but feel there is a strong likelihood of a significant failure resulting in high repair costs if extended longer. Staff reviewed the department’s needs and decided instead of replacing the existing truck with a utility box, it was determined we could use two smaller trucks. Truck 401 will be a 1-ton pickup, and the second truck will be a half-ton pickup. Truck 401 will be used by the utility department to transport people and equipment to projects. The half-ton pickup will be used by the utility superintendent, and his current 1-ton vehicle will be rotated into the fleet. This truck will be used by all departments to move equipment throughout the city. The cost of the 1-ton pickup is $51,057.60 and the cost of the half-ton pickup is $45,079.70. We do need to outfit both vehicles with safety lights and that will cost an additional $3,171.16. The total cost of vehicles and equipment is $99,308.47. Staff is recommending the purchase of two pickups as it is a cost-effective solution to increase fleet optimization, enhances the capabilities of Public Works, and falls within the existing budget amount. This will also reduce wear and tear on the vehicles, and we should be able to extend the life of these trucks out further than the existing vehicle. The exiting truck #401 will be sold on the State of Minnesota auction with an estimated value of $10,000. These funds will help offset the cost of the vehicles. Requested City Council Action Staff recommend approval of the two pickup trucks and accessories in the amount of $99,308.47. Attachments 4.8 • Quote for trucks • Quote for accessories 4.8 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025- APPROVE PURCHASE OF UTILITY TRUCKS WHEREAS, the maintaining and reconstructing City infrastructure is an essential service in the City of Crystal; and WHEREAS, the City has developed a long-term plan for the replacement and maintenance of vehicles in the fleet; and WHEREAS, the City solicited quotes for the replacement of two vehicles and accessories; and WHEREAS, the purchase of two vehicles improves operational capabilities while maintaining the existing budget. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1. The Crystal City Council hereby approves the purchase of a 1-ton and half-ton pickup trucks in the amount of $99,308.47. Adopted this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.8 Quote Date: 10/15/2025 Quote # Q3049 Bill To CITY OF CRYSTAL ATTN: ACCTS PAYABLE 4141 DOUGLAS DR MINNEAPOLIS, MN 55422 Ship To CITY OF CRYSTAL ATTN: ACCTS PAYABLE 4141 DOUGLAS DR MINNEAPOLIS, MN 55422 Action Fleet, LLC P.O. Number: Terms: Net 30 Due Date: 11/14/2025 Sales Person: D FOB: Vehicle Info: CHEVY 3500 & 1500 Customer's Acceptance Signature Total Subtotal Sales Tax (0.0%) 11133 86th Avenue North Maple Grove, MN 55369 763.391.6688 www.actionfleet.us cs@actionfleet.us THANK YOU! We appreciate your business. Special order parts are subject to a restocking charge of up to 30% and shipping charges back to the manufacturer. Special order parts include push bumpers and wraps, partitions, seats, window guards, door panels, consoles and accessories. Special order lights, beacons, light bars, docking stations and organizers/storage units are non-returnable. Item Description Qty Unit Price Amount TOP LIGHT MISC TOP LIGHT / AMBER/BLUE - ECCO 5590 SERIES 1 386.96 386.96T GRILL LIGHTS FEDMPS122UAW LIGHT MICROPULSE ULTRA 12 LED DUAL COLOR AMBER/WHITE SURFACE MOUNT SYNC 1 194.58 194.58T FEDMPS122UBW MICROPULSE ULTRA 12 LED DUAL COLOR BLUE/WHITE SURFACE MOUNT SYNC 1 194.58 194.58T REAR END LIGHTS FED416918AGW LED CORNER TRI COLOR AMBER/GREEN/WHITE 1 106.76 106.76T FED416918RBW LED CORNER TRI COLOR RED/BLUE/WHITE 1 106.76 106.76T BACK RACK - LIGHTS ON EITHER SIDE OF BACK RACK MISC ORIGINAL BACK RACK 1 239.99 239.99T MISC BACK RACK MOUTING KIT 1 60.00 60.00T FEDMPS62UAW MICROPULSE ULTRA 6 LED DUAL COLOR WHITE/AMBER SURFACE MOUNT SYNC 1 165.05 165.05T FEDMPS62UBW MICROPULSE ULTRA 6 LED DUAL COLOR BLUE/WHITE SURFACE MOUNT SYNC 1 165.05 165.05T MESSAGE BOARD SUPSRZTA8A LIGHT LED TRAFFIC STICK TSL8 8 HEAD 12-24V 31 PATTERN AMBER 5 YEAR WARRANTY (ORDER CONTROLLER) 1 371.43 371.43T LABORI INSTALLATION LABOR HOURS 11 95.00 1,045.00T WAY46440 CIRCUIT BREAKER 40A AUTO RESET - NO BRACKET 1 5.00 5.00T WAY46420 CIRCUIT BREAKER 20A AUTO RESET - NO BRACKET 1 5.00 5.00T MP MISCELLANEOUS PARTS INCLUDES WIRE, CONNECTORS, FUSES, FUSE HOLDERS, ETC. 1 125.00 125.00T $3,171.16 $3,171.16 $0.00 4.8 COUNCIL POLICE DEPARTMENT REPORT Consent Agenda Item- 11/18/25 Council Meeting DATE: November 5, 2025 FROM: Brian V. Hubbard, Chief of Police TO: Mayor and City Council Adam R. Bell, City Manager RE: Consent Agenda: November 18, 2025 Council Meeting Grant Acceptance – MN Department of Public Safety Multicultural Driver’s Education Program Background For the last several years, the Crystal Police Department has partnered with the Minnesota Department of Public Safety for the Multicultural Driver Education Program grant. These grant dollars are used to assist in delivering driver’s education programs for various community members in cooperation with the Robbinsdale Area Schools Adult Basic Education Program. Our officers work the project to teach and interact with the participants and are paid through this grant. No money is taken from the operating budget for this endeavor. Consideration Per the grant parameters, we must notify our City Council and are asking for approval of the resolution accepting the grant dollars. The grant award is $14,098 for the time period of October 1, 2025 through September 20, 2026. I will be present at the council meeting for any questions that arise. As always, please let me know if you have any questions prior to the meeting. 4.9 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, MULTICULTURAL ADULT DRIVER EDUCATION PROGRAM WHEREAS, the City Council has authorized the City of Crystal Police Department to enter into a grant agreement with the Minnesota Department of Public Safety for the project entitled 2025 Multicultural Adult Driver Education Project during the period of October 1, 2025 through September 30, 2026. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1) The City of Crystal Police Department enter into a grant agreement with the Minnesota Department of Public Safety for the project entitled 2025 Multicultural Adult Driver Education Program during the period from October 1, 2025 to September 30, 2026; and 2) The Police Chief, or his designee, is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Crystal Police Department and to be the fiscal agent and administer the grant. Adopted this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.9 COUNCIL POLICE DEPARTMENT REPORT Consent Agenda Item- 11/18/25 Council Meeting DATE: November 6, 2025 FROM: Brian V. Hubbard, Chief of Police TO: Mayor and City Council Adam R. Bell, City Manager RE: Consent Agenda: November 18, 2025 Council Meeting -Approval of Resolution approving a Joint Powers Agreement (JPA) with the Minnesota Department of Public Safety for prosecuting attorney access to criminal justice data Background The Crystal Police Department has a contract with Eckberg Lammers to provide prosecution services for the city of Crystal through 2027. As a part of criminal prosecution, the prosecuting attorney’s office routinely needs to access criminal justice data in order to effectively complete this work. Access to criminal justice data, referred to as the Minnesota Criminal Justice Data Communications Network (CJDN), is solely reserved for public entities having a legitimate criminal justice reason for this access. Because Eckberg Lammers is a private entity working on our behalf as our city prosecuting attorney, the State of Minnesota occasionally requires the government entity to enter into a Joint Powers Agreement (JPA) with the Department of Public Safety specifically identifying they are acting on behalf of the Police Department and authorizing their access to this data. The last time the city of Crystal signed a JPA for this purpose was October 2000. The state typically requires the JPA be completed again every 3-5 years. There is no financial impact to the city for this Joint Powers Agreement. Consideration The Council is asked to approve the resolution approving a Joint Powers Agreement (JPA) with the Minnesota Department of Public Safety for prosecuting attorney access to criminal justice data. This resolution also allows the Mayor and City Clerk to sign the JPA on behalf of the city of Crystal. I will be present at the council meeting for any questions regarding this item. As always, please let me know if you have any questions prior to the meeting. 4.10 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF CRYSTAL ON BEHALF OF ITS CITY PROSECUTING ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Crystal on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Crystal, Minnesota as follows: 1) That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Crystal on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2) That the Supervising Attorney, Joseph Van Thomme, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3) That, Julie Deshler, the Mayor for the City of Crystal, and Chrissy Serres, the City Clerk for the City of Crystal, are authorized to sign the State of Minnesota Joint Powers Agreements. Adopted this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.10 SWIFT Contract # 264742 MN027051A 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Crystal on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a 4.10 SWIFT Contract # 264742 MN027051A 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a 4.10 SWIFT Contract # 264742 MN027051A 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Diane Bartell, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue 4.10 SWIFT Contract # 264742 MN027051A 4 DPS/BCA CJDN JPA_March 2021 Saint Paul, MN 55106 Telephone: 651.793.2590 Email Address: Diane.Bartell@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Joe Van Thomme, Attorney Address: 1809 Northwestern Avenue, Suite 110 Stillwater, MN 55082 Telephone: 651.351.2119 Email Address: jvanthomme@eckberglammers.com 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 4.10 SWIFT Contract # 264742 MN027051A 5 DPS/BCA CJDN JPA_March 2021 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 4.10 SWIFT Contract # 264742 MN027051A 6 DPS/BCA CJDN JPA_March 2021 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK 4.10 SWIFT Contract # 264742 MN027051A 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: _________Julie Deshler_________________________ (PRINTED) Signed: ____________________________________________ Title: ____Mayor_____________________________________ (with delegated authority) Date: ______________________________________________ Name: _____Chrissy Serres______________________________ (PRINTED) Signed: ____________________________________________ Title: _City Clerk______________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ 4.10 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Crystal on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 264742, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 4.10 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 4.10 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 4.10 4 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4.10 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 4.10 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 4.10 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 4.10 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 4.10 9 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 4.10 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: ________Julie Deshler_____________________ (PRINTED) Signed: _______________________________________ Title: __Mayor_________________________________ (with delegated authority) Date: ________________________________________ Name: _______Chrissy Serres_____________________ (PRINTED) Signed: _______________________________________ Title: _____City Clerk___________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 4.10 COUNCIL POLICE DEPARTMENT REPORT Consent Agenda Item- 11/18/25 Council Meeting DATE: November 5, 2025 FROM: Brian V. Hubbard, Chief of Police TO: Mayor and City Council Adam R. Bell, City Manager RE: Consent Agenda: November 18, 2025 Council Meeting Police Department Body Worn Camera (BWC) Biannual Audit Notification Background Minnesota State Statutes require that every Police Department that uses Body Worn Cameras (BWCs) conduct an external audit biannually to ensure compliance with all statutes related to BWCs. We utilized the services of Lynn Lembcke Consulting to conduct this audit, which occurred on September 9, 2025 and covered the time period of September 1, 2023 to August 31, 2025. The data elements of the audit included: *Data Classification *Retention of Data *Access by Data Subjects *Inventory of Portable Recording System Technology *Use of Agency-Issued Portable Recording Systems *Authorization to Access Data *Sharing Among Agencies *Public Comment *Body-Work Camera Policy Notification The Crystal Police Department Audit was conducted on September 9, 2025 and no discrepancies were noted in any of the areas audited. A copy of this report is included with this memo. Per statute, this report will also be shared with a number of state legislators. No action is required by the Council on this item and this is for official notification purposes only. Deputy Chief Underthun and I will be present at the council meeting for any questions regarding this item. As always, please let me know if you have any questions prior to the meeting. 4.11 INDEPENDENT AUDIT REPORT Chief Brian Hubbard Crystal Police Department 150 3rd St. E Crystal, MN 55033 Dear Chief Hubbard: An independent audit of the Crystal Police Department’s Portable Recording System (body-worn cameras (BWCs)) was conducted of September 9, 2025. The objective of the audit was to verify Crystal Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473. Data elements the audit includes: Minnesota Statute §13.825 • Data Classification • Retention of Data • Access by Data Subjects • Inventory of Portable Recording System Technology • Use of Agency-Issued Portable Recording Systems • Authorization to Access Data • Sharing Among Agencies Minnesota Statute §626.8473 • Public Comment • Body-worn Camera Policy Crystal Police Department is located in Hennepin County, Minnesota and is authorized for thirty- four (34) peace officers. Crystal Police Department utilizes Motorola WatchGuard body-worn cameras and Evidence Library software. BWC data is stored in the Motorola Solutions WatchGuard Cloud. The audit covers the period September 1, 2023, through August 31, 2025. Audit Requirement: Data Classification Determine if the data collected by BWCs are appropriately classified. Crystal Police Department BWC data is presumptively private. BWC data collected during the audit period consists of confidential and private or nonpublic data. Confidential data resulted from an incident involving the use of force resulting in substantial bodily harm by another law enforcement agency. The Crystal Police Department had no incidents of the discharge of a firearm by a peace officer in the course of duty, requests from data subjects for the data to be made accessible to the public, or court orders directing the agency to release the BWC data to the public. No discrepancies noted. 4.11 Audit Requirement: Retention of Data Determine if the data collected by BWCs are appropriately retained and destroyed in accordance with statutes. The Crystal Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency-specified retention periods in the WatchGuard. At the conclusion of a BWC recording, a WatchGuard category type is assigned. Each category type has an associated retention period. Upon reaching the retention date, data is systematically deleted. Active BWC data is accessible in Evidence Library. Event log reports of all BWC data collected and deleted during the audit period were produced from Evidence Library. Records from the purged event log report were reviewed and the data collection date was verified against the delete date. All records were deleted in accordance with the records retention schedule and retained for at least the minimum ninety (90) days required by statute. Active BWC data is accessible in Evidence Library. The server maintains a listing of all active and deleted BWC data with associated metadata. The Crystal Police Department received no requests from data subjects to retain BWC data beyond the applicable retention period during the audit period. Police Lieutenants, Sergeants, and the Evidence Technician monitor BWC data for proper categorization to ensure BWC data are appropriately retained and destroyed. No discrepancies noted. Audit Requirement: Access by Data Subjects Determine if individuals who are the subject of collected data have access to the data, and if the data subject requests a copy of the data, other individuals who do not consent to its release must be redacted. BWC data is available to data subjects and access may be requested by submission of a Crystal Police Department Report Request form. During the audit period, the Crystal Police Department received both requests to view and requests for copies of BWC data from data subjects. Data subjects who had not consented to the release of data were redacted. A copy of the redacted data is maintained in the third-party redaction software system. BWC data requests are maintained in the records management system case file. No discrepancies noted. Audit Requirement: Inventory of Portable Recording System Technology Determine the total number of recording devices owned and maintained by the agency; a daily record of the total number of recording devices actually deployed and used by officers, the 4.11 policies and procedures for use of portable recording systems by required by section 626.8473; and the total amount of recorded audio and video collected by the portable recording system and maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures for destruction of the data, and that the data are available to the public. Crystal Police Department’s BWC inventory consists of thirty-four (34) devices. Inventory is maintained in WatchGuard Evidence Library and an Excel spreadsheet. The Crystal Police Department BWC policy governs the use of BWCs by peace officers while in the performance of their duties. The BWC policy requires officers to conduct a function test of their BWC at the beginning of each shift to ensure the BWC is operating properly. Officers noting a malfunction during testing or at any other time must report the malfunction to their supervisor and the support services technician. Newly hired officers are trained on the use of BWCs as part of their field training program. Officers working on randomly selected dates, and randomly selected calls for service, were verified against the event log reports and confirmed that BWCs are being deployed and officers are wearing and activating their BWCs. A comparison between the total number of BWC videos created per quarter shows BWC data is consistently being collected. The total amount of active data is accessible in the WatchGuard Evidence Library. Event log reports detail the total amount of active and deleted BWC data. The Crystal Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency-specified retention in WatchGuard. BWC video is fully deleted upon reaching the scheduled deletion date. Metadata is maintained on the cloud server. BWC data is available upon request, and access may be requested by submission of a Crystal Police Department Report Request form. No discrepancies noted. Audit Requirement: Use of Agency-Issued Portable Recording Systems Determine if peace officers are only allowed to use portable recording systems issued and maintained by the officer’s agency. The Crystal Police Department’s BWC policy states that officers may use only department- issued BWCs in the performance of official duties for the agency or when otherwise performing authorized law enforcement services as an employee of the department. No discrepancies noted. Audit Requirement: Authorization to Access Data Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of 4.11 portable recording systems and in maintaining portable recording system data. Sergeants and Lieutenants conduct reviews of BWC data to ensure proper labeling and that BWCs are being used in compliance with policy. Nonpublic BWC data is only available to persons whose work assignment reasonably requires access to the data. User access to BWC data is managed by the assignment of group roles and permissions in Evidence Library. Permissions are based on staff work assignments. User access to Evidence Library is managed by IT under the direction of the Crystal Police Department Evidence Technician. Access to Evidence Library is password protected and requires dual authentication. The agency’s BWC policy governs access to BWC data. Agency personnel are authorized to access BWC data for legitimate law enforcement or data administration purposes. Personnel are prohibited from accessing BWC data for non-business reasons and from sharing the data for non- law-enforcement related purposes. Access to data is captured in the audit trail. The BWC policy states that any employee misusing recorded media or devices in violation of any policy or statute will be subject to disciplinary action. When BWC data is deleted, its contents cannot be determined. Crystal Police Department had no security breaches. A BCA CJIS Security Audit was conducted in August of 2025. No discrepancies noted. Audit Requirement: Sharing Among Agencies Determine if nonpublic BWC data is shared with other law enforcement agencies, government entities, or federal agencies. The Crystal Police Department’s BWC policy allows for the sharing of data with other law enforcement agencies for legitimate law enforcement purposes only, and for the sharing of data with prosecutors, courts and other criminal justice entities as provided by law. Agencies seeking access to BWC data are required to submit a written request. Sharing of data is documented in the records management system case file. No discrepancies noted. Audit Requirement: Biennial Audit Determine if the agency maintains records showing the date and time the portable recording system data were collected, the applicable classification of the data, how the data are used, and whether data are destroyed as required. WatchGuard Evidence Library and the event log reports document the date and time portable recording system data was collected and deleted. BWC data collected during the audit period 4.11 consists of both confidential and private or nonpublic data. Audit logs and the records management system document how the data are used and shared. No discrepancies noted. Audit Requirement: Portable Recording System Vendor Determine if portable recording system data stored in the cloud, is stored in accordance with security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Crystal Police Department’s BWC data is stored in the Motorola Solutions WatchGuard Cloud. A Motorola Solutions CJIS Compliance White paper outlines the specific security policies and practices for Motorola Solutions and how they are compliant with the CJIS Security Policy. Motorola has performed statewide CJIS-related vendor requirements in Minnesota. Motorola maintains CJIS certification for personnel who are required to complete Level 4 CJIS Security Training upon assignment and annually thereafter. No discrepancies noted. Audit Requirement: Public Comment Determine if the law enforcement agency provided an opportunity for public comment before it purchased or implemented a portable recording system and if the governing body with jurisdiction over the budget of the law enforcement agency provided an opportunity for public comment at a regularly scheduled meeting. The Crystal Police Department solicited public comment prior to purchase and implementation of the body worn camera program. Public comment was solicited through a body camera survey and a citizen input meeting on October 10, 2016. The Crystal City Council held a public hearing at their February 21, 2017 meeting and approved the purchase of body worn cameras. The body worn camera program was implemented March 1, 2017. No discrepancies noted. Audit Requirement: Body-worn Camera Policy Determine if a written policy governing the use of portable recording systems has been established and is enforced. The Crystal Police Department established and enforces a BWC policy. The policy was compared to the requirements of Minn. Stat. § 626.8473. The policy includes all minimum requirements of Minn. Stat. § 626.8473, Subd. 3(b). The Crystal Police Department’s BWC policy is posted on the agency’s website. No discrepancies noted. 4.11 This report was prepared exclusively for the City of Crystal and Crystal Police Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on information and documentation provided and examined. Dated: October 28, 2025 Lynn Lembcke Consulting _____________________________________________ Lynn Lembcke 4.11 Memorandum DATE: November 18, 2025 TO: Mayor and City Council FROM: Adam R. Bell, City Manager SUBJECT: Consider Appointment of Justin Russell to the Sustainability Commission ____________________________________________________________________ BACKGROUND The City Council interviewed Justin Russell for appointment to the Sustainability Commission on November 13. Applicant Justin Russell is recommended for appointment to the Sustainability Commission to a Section I seat for a term to expire December 31, 2028. RECOMMENDATION Recommend a new appointment of Justin Russell to the Sustainability Commission for a Section I seat for a term to expire 12/31/28. ATTACHMENT Commission Application – Justin Russell (Redacted) 4.13 4.13 4.13 4.13 COUNCIL STAFF REPORT DATE: November 18, 2025 TO: Mayor and City Council FROM: City Manager Adam R. Bell RE: Consider approval of the second reading and adoption of an ordinance amending the animal control regulations and resolution approving language for summary publication. Background At the November 4 meeting, the council approved the first reading of an ordinance amending the animal control regulations. Specifically, the proposed ordinance expands the ability of residents to keep and raise chickens and ducks. The proposed Section 911 provides for the keeping of bees. The proposed ordinance language is attached. The proposed language includes the following: o Expansion of the maximum number of chickens allowed from four to six; o Addition of ducks as an allowed domestic animal; o The maximum number of ducks allowed is up to six; o A total combined maximum of chickens and ducks allowed is ten; o Striking language allowing turkeys and geese; o No requirement for permits or licenses for the keeping of fowl or poultry; o Regulation of wild or exotic animals; and o Regulations for the keeping of bees. Updated language revisions after the first reading include: o Removal of regulations regarding small, caged mammals; o Additional detailed shelter parameters for fowl or poultry; and o A prohibition on animal fighting; and o Increased the number of bee colonies allowed from two to four. There are two separate actions for this item. Requested City Council Action 1)Recommend approval of the second reading and adoption of the proposed ordinance amendments regulating animal control. 2)Recommended approval of a resolution approving language for summary publication. Attachments •Ordinance 2025-13, AN ORDINANCE TO AMEND CHAPTER IX PUBLIC SAFETY, SECTION 910 ANIMAL CONTROL AND ADD SECTION 911 BEEKEEPING •Resolution approving language for summary publication 6.1 CITY OF CRYSTAL ORDINANCE #-2025-13 AN ORDINANCE TO AMEND CHAPTER IX PUBLIC SAFETY, SECTION 910 ANIMAL CONTROL AND ADD SECTION 911 BEEKEEPING The City of Crystal ordains: ARTICLE I. Chapter IX, Section 910 of the Crystal city code is hereby amended as follows and renumbering the subdivisions as may be needed: Section 910 - Animal control 910.01. Definitions. For purposes of this section, the terms defined in this subsection have the meanings given them. Subd. 1. Animal. "Animal" means a dog or other domestic animal. Subd. 2. Animal control officer. "Animal control officer" means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. Subd. 3. Commercial kennel license. "Commercial kennel license" means a license required of any person, firm, corporation, or organization operating, or in control of, a commercial kennel. Subd. 4. Custodian. "Custodian" means any person, firm, corporation, or organization that is temporarily responsible for the care, custody, or control of an animal, other than the owner of the animal. Subd. 5. Owner. "Owner" means any person, firm, corporation, organization, or department possessing, owning, harboring, having an interest in, or having care, custody, or control of an animal on more than a temporary basis. Subd. 6. Commercial kennel. "Commercial kennel" means any place where dogs or other animals are kept as part of a business involving the raising, selling, boarding, breeding, showing, or grooming of dogs or other animals. The term includes pet shops, kennels, and other similar types of operations. Subd. 7. Dangerous dog. "Dangerous dog" means any dog that has: (a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; 6.1 (b) Killed a domestic animal without provocation while off the owner’s property; or (c) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 8. Domestic animal. (a) "Class A Domestic animal" means a domesticated dog, cat, ferret, chicken, or pot- bellied pig, or rabbit, which is harbored, fed, or kept by any person or group of persons. (b) “Class B Domestic animal" means a domesticated bird, including fowl and poultry, ferret, rabbit, or any other domesticated bird or animal, which is harbored, fed, or kept by any person or group of persons. Additional applicable definitions for domesticated birds are as follows: 1. Drake: A male duck. 2. Fowl: A bird, such as a duck, goose, turkey, or pheasant that is used as food or hunted as game. 3. Gander: A male goose 4. Hen: Female fowl or poultry. 5. Jenny: A female turkey. 6. Poultry: Domestic fowls, such as chickens, turkeys, ducks, or geese, raised for meat or eggs. 7. Rooster: Male fowl or poultry. 8. Tom: Male turkey Subd. 9. Great bodily harm. "Great bodily harm" has the meaning given it under Minnesota Statutes, section 609.02, subdivision 8. Subd. 10. Multiple animal license. "Multiple animal license" means a license required of any person possessing or maintaining more animals on a property than is allowed under this section without a license. Subd. 11. Potentially dangerous dog. "Potentially dangerous dog" means any dog that* 6.1 (a) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (b) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or (c) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd. 12. Proper enclosure. "Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Subd. 13. Provocation. "Provocation" means an act that an adult could reasonably expect may cause a dog to attack or bite. Subd. 14. Special event. "Special event" means an event designated by city council resolution and occurring in a city park, other than a designated dog park. Subd. 15. Substantial bodily harm. "Substantial bodily harm" has the meaning given it under Minnesota Statutes, section 609.02, subdivision 7a. 910.03. General provisions. Subd. 1. Custodians of animals. A custodian is required to comply with the requirements imposed on an owner under this section while the person is in possession of an animal. Subd. 2. Animal control officer. The city manager shall designate the animal control officer. Subd. 3. Enforcement. The police department and animal control officer are authorized to enforce the provisions of this section, including issuing citations for violations, transporting animals to the city animal pound, and destroying animals in accordance with the provisions of this section. Subd. 4. Interference with officers. An unauthorized person shall not take or attempt to take from any officer any animal taken up by a police officer or the animal control officer in compliance with this section, or in any manner interfere with or hinder the officer or agent of the city in the discharge of the person's duties. Subd. 5. Muzzles. When the animal control officer determines that a dog is infected with rabies, the police chief may require that the dog be muzzled while in public. 6.1 Subd. 6. Diseased animals prohibited. It is unlawful to knowingly bring into the city, or have in one's possession, an animal that is afflicted with infectious or contagious diseases. Such diseased animals must be destroyed in a humane manner unless the disease is curable and the animal is under the care of, and receiving treatment from, a licensed veterinarian. Subd. 7. Zoning regulations. It is unlawful to keep or harbor an animal or fowl, except domestic animals, within any district of the city zoned residential, unless otherwise permitted by the Crystal city code. 910.05. Vaccination of animals. Subd. 1. Required. Each dog, cat, or ferret over three months of age must be vaccinated for rabies. The vaccination must be administered by or under the supervision of a licensed doctor of veterinary medicine. The certificate of vaccination must show that the animal has been vaccinated in accordance with the current recommendation of the National Association of State Public Health Veterinarians and the Centers for Disease Control of the United States Department of Health, Education and Welfare. The certificate is prima facie proof of the required vaccination. Subd. 2. Vaccination tag. An owner must have a current rabies vaccination tag securely affixed to the collar of its dog or cat when the animal is off of the owner's property. It is unlawful to falsify a vaccination tag. 910.07. Regulations on number of animals. Subd. 1. Noncommercial. The number of animals that may be kept on a property without a license, or with a multiple animal license, are is as follows: 6.1 Dogs Cats Pot-bellied Pig Chickens Combined Total Number of Animals Allowed* No license required Up to 3 Up to 3 1 4 Up to 4 Multiple animal license required 4 to 5 4 to 5 No more than 1 allowed No more than 4 allowed Up to 5 Class A Animals Dogs Cats Pot-bellied pig Combined Total Number of Class A Animals Allowed* No license required Up to 3 Up to 3 1 Up to 4 Multiple animal license required 4 to 5 4 to 5 No more than 1 Up to 5 * No more than three dogs over the age of three months shall be kept on a property without a multiple animal license. No more than three cats over the age of three months shall be kept on a property without a multiple animal license. Without a multiple animal license, the combination of dogs, cats, or pot-bellied pig shall not exceed four. A multiple animal license shall entitle a property owner to keep no more than five total animals on the property. In no event shall more than one pot- bellied pig be kept on a property. A pot-bellied pig is counted toward the total number of animals, but chickens are not. Class B Animals Maximum number of animals allowed Combined Total Number of Class B Animals Allowed** Chickens Up to 6 10 Turkeys Not allowed N/A Ducks Up to 6 10 Geese Not allowed N/A Peafowl Not allowed N/A Guinea fowl Not allowed N/A Game birds (pheasants, quail, etc.) Not allowed N/A Ostriches, emus, or other large Not allowed N/A 6.1 flightless birds Rabbits Up to 6 N/A ** Multiple animal licenses are not available for Class B animals. No more than a combined total of ten chickens, poultry, ducks, or fowl is permitted per property. Other Class B animals, including, but not limited to rabbits, ferrets, small, caged mammals, birds, other than poultry or fowl, are not subject to a total combined maximum number of animals. Every type of Class B animal is subject to individual maximums or restrictions. Subd. 2. Commercial. Anyone engaging in the business of raising, selling, boarding, showing, treating, or grooming Class A animals is required to obtain a commercial kennel license regardless of the number of animals involved in the business. Subd. 3. Sales and gifts prohibited. It is unlawful to sell or offer for sale, barter, or give away baby chicks, ducklings, or other fowl, or rabbits as pets or novelties, whether or not dyed, colored, or otherwise artificially treated. Chicks, ducklings, other fowl, or rabbits under two months of age are considered baby chicks, ducklings, or baby rabbits. This subsection is not to be construed to prohibit the advertising, display, or sale of chicks, ducklings, other fowl, or rabbits for commercial purposes by hatcheries or stores engaged in the business of selling them for commercial purposes and which are equipped with proper brooder facilities to care for such animals. 910.09. Multiple animal licenses and commercial kennel licenses. Every person proposing to keep more animals on a property than are allowed without a license, or to operate a commercial kennel, is required to obtain either a multiple animal license or a commercial kennel license from the city and is required to comply with the provisions of this subsection. No license shall be required for veterinarians as provided in Minnesota Statutes, section 347.40. Subd. 1. Application. Application for an appropriate license must be made using the forms provided by the city and shall be submitted to the city clerk together with the payment of the appropriate fees required by Crystal city code, appendix IV. The applicant must provide, at the time of application, an up-to-date, detailed plan and description of the premises and structures wherein the kennel is to be operated, the number and types of animals proposed to be handled therein, and such other information as the city may deem necessary. If the application is for a renewal of a previous license and no changes in the premises, structures, or operation have been made or are contemplated to be made, a new plan or description need not be provided, but the completeness and accuracy of the existing plan must be so certified. Subd. 2. Procedure. (a) The city clerk shall forward complete applications to the animal control officer for review. (b) The animal control officer shall review the application, conduct an inspection of the property if deemed needed, and make a recommendation regarding the 6.1 requested license. (c) The city council shall determine whether to issue the requested license. Subd. 3. License term. Licenses expire on April 30 of each year. Subd. 4. Posting. A commercial kennel license must be posted in a conspicuous place on the property. A multiple animal license need not be posted, but must be produced upon request by the city. Subd. 5. Vaccination of animals. A certificate of vaccination for rabies shall be kept for every dog, cat, and ferret kept at a licensed premises and must be produced upon request by the city. 910.11. Pot-bellied pigs. In additional addition to the other regulations contained in this section, the following additional regulations shall apply to pot-bellied pigs. Subd. 1. Only one allowed. No person may keep more than one pot-bellied pig, which must be kept solely for the private use and enjoyment of the person. Subd. 2. Single-family dwelling. A pot-bellied pig may be kept only by residents of single familysingle-family detached dwellings. Subd. 3. Neutered or spayed. All male pot-bellied pigs must be neutered by the age of three months, and all female pot-bellied pigs must be spayed by the age of one year. The owner shall maintain a record showing the animal has been neutered or spayed by a licensed doctor of veterinary medicine upon the animal reaching the age indicated herein. 910.13. Other domestic animals. Subd. 1. General Rule. It is unlawful for residents to keep any domestic animals outside except when specifically listed as an exception below. Beekeeping is regulated under Section 911. Residents may keep outdoors no more than a total of ten (10) of the following animals without a permit: chickens or ducks. Individual animal limits are shown in section 910.07. It is unlawful to keep any domestic animal not specifically listed in this section, including, but not limited to, a rooster, crowing hens, or large domestic animal such as a horse, cow, pony, mule, donkey, pig, other than a pot-bellied pig, goat, or sheep. Subd. 2. ChickensFowl and poultry. In additional addition to the other regulations contained in this section, the following additional regulations shall apply to fowl and poultry, such as chickens and ducks. Subd. 31. Prohibitions. 6.1 (a) No person shall keep on any single familysingle-family or two familytwo-family residential property more than four six (6) total chickens or six (6) ducks. Chickens Allowed fowl and poultry are not counted toward the number of animals that may be kept on a property without a multiple animal license. The maximum total combined number of foul and poultry is ten (10) animals. (b) No person shall keep roosters, crowing hens, or adult male chickens, drakes, or ganders on any property within the city. (c) Chickens Fowl or poultry are not allowed on properties with three or more dwelling units. (d) Cockfighting is specifically prohibited within the city. (e) The slaughter of chickens fowl or poultry is prohibited in the city. (f) The raising of chickens fowl or poultry for breeding purposes is prohibited in the city. (g) Chickens Fowl or poultry over the age of four weeks shall not be kept inside of a dwelling or garage. Subd. 42. Owner present. The owner of the chickensfowl or poultry shall live in the dwelling on the property. If the property is not owner-occupied, then the property owner must provide a written statement to the city confirming that the tenant may have chickens at the property prior to obtaining the animals. Subd. 53. Shelter requirements. Chickens Fowl and poultry shall be properly protected from the weather and predators in a shelter or coop, and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements. Failure to adhere to requirements shall constitute cause for an enforcement action and shall be a violation of this section. (a) Applicable building, property maintenance and zoning requirements of Crystal city code, chapters IV and V; (b) All electrical work shall be done according to applicable codes and with appropriate permits; (c) The shelter shall be situated closer to the chicken owner’s dwelling than to any of the neighboring dwellings, and in no case closer than five three feet to the lot line; (d) Shelter and enclosure must not be located closer to an adjacent street than the owner’s dwelling; 6.1 (e) Screening from abutting residentially used properties and streets in the form of a solid privacy fence of at least four feet in height constructed according to the fence standards of Crystal city code, subsection 515.13, subdivision 7 shall be provided for the shelter and enclosure; (f) A shelter or coop must contain at least 4 square feet per fowl but shall not exceed 20 40 square feet in size and shall not exceed six feet in height; (g) Coops must contain one (1) foot of roosting space per fowl; (h) Coops must contain one (1) nesting box per every three (3) hens; (i) The shelter must provide adequate ventilation, including a window or opening for air flow; (f)(j) Shelters must provide adequate predator proofing with hardware cloth, not chicken wire, which should extend at least 12 inches underground and 12 inches out from the shelter; (g)(k) An enclosure or fenced area for chickens fowl or poultry shall contain at least 10 square feet per bird and not exceed 20 square feet per bird and shall not exceed six feet in height, and shall have protected overhead netting to prevent attracting predators and other animals running at large; (h)(l) An enclosure or fenced area may be constructed with wood and/or woven wire materials that allow chickens fowl or poultry to contact the ground; and (i)(m) The structure must be properly constructed and of quality materials to deter rodents and predators. Subd 64. Prevention of nuisance conditions. Owners shall care for chickens fowl and poultry in a humane manner and shall prevent nuisance conditions by ensuring the following conditions are met: (a) The shelter and enclosure are maintained in good repair and in a clean and sanitary manner free of vermin and objectionable odors; (b) Feces and discarded feed is regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed properly; (c) Chicken Fowl and poultry feed shall be stored in leak-proof containers with a tight- fitting cover to prevent attracting vermin; 6.1 (d) Chickens Fowl and poultry shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators; (e) Chickens Fowl and poultry shall remain in either the shelter or enclosure at all times and shall not run at large; and (f) The shelter shall be winterized to protect the chickens fowl and poultry in cold weather Subd 75. Sale of farm poultry or eggs. Owners must comply with all requirements and performance standards for home enterprises in Crystal city code subsection 515.33, subdivision 3b and all Minnesota Department of Agriculture requirements for the sale of eggs. Subd. 8. Other Provisions. The City may prohibit the keeping of domestic animals if it finds that: (i) any violation of this section of city ordinance or any terms and/or conditions have been violated: or (ii) the animal or animals have become either a public nuisance or a hazard to the public health or safety. Nothing herein is to be construed to prohibit or constrain any action allowed by law designed to prevent the spread of disease or the imminent damage to persons or property caused by such animal or animals. Subd. 9. Sales. Nothing contained in this subsection is to be construed as permitting anyone to keep or maintain animals for sale or as a part of a business, unless otherwise licensed or permitted. Subd. 10. Exception. This subsection does not apply to pet stores or veterinary clinics. 910.15 Manner of keeping animals Subd. 1. Sanitary conditions. It shall be unlawful to engage in any of the following: (a) Keeping an animal in an unclean or unsanitary place or in an unclean or unsanitary condition so as to endanger the animal’s health or safety; (b) Owning, harboring, keeping, or having in possession or on one’s premises an animal in a manner that produces an odor that can be detected by any person from a location outside of the building or premises where the animal is kept; or (c) Owning, harboring, keeping, or having in possession or on one's premises an animal that by howling, yelping, barking, fighting or otherwise, produces noise that disturbs the peace, quiet, or repose of a person of ordinary sensibility. Subd. 2. Basic care. All animals shall receive kind and humane treatment from their owners, which shall include proper, adequate, clean, ventilated, and sanitary housing or shelter from the elements and sufficient food and water for their comfort. Failure to provide basic care is a violation of this subsection. 6.1 Subd. 3. Removal of animal feces required. An owner or custodian shall immediately pick up and remove any feces deposited on public property or on the property of another. Any such person must have in their possession a means to collect and dispose of all fecal matter in a proper manner. Subd. 4. Accumulation of feces prohibited. An owner or custodian shall keep the premises on which an animal is kept free from an unreasonable accumulation of fecal matter. 910.17. Confinement and control. A person who owns or keeps an animal, or the parent or guardian of a person under 18 years of age who keeps an animal, may not permit the animal to be on private land in the city unless the animal is effectively restrained from leaving the land by leashing or fencing, except on the owner's own private land. The owner of the land may keep an animal on that land but the animal must be kept under the immediate supervision and verbal command of a responsible person. A person having custody or control of an animal may not permit the animal to be on public property in the city unless the animal is effectively restrained by leash not exceeding six feet in length. An animal in heat must be confined in an enclosure that prevents its escape and the entry of other animals. While on the owner's property, a dog designated as dangerous must be kept in a proper enclosure and as otherwise provided in Minnesota Statutes, sections 347.51 and 347.52, and this section. 910.19. Public nuisance. Subd. 1. Violation. An animal is a public nuisance if its owner or custodian violates Crystal city code, subsection 910.15: (a) Three times within a period of 60 consecutive days; (b) Four times within a period of 180 consecutive days; or (c) Five times within a period of 360 consecutive days. For purposes of this subsection, the date of a violation is the date the violation occurs, not the date of conviction for the violation. Subd. 2. Other nuisance conditions. An animal is a public nuisance if the animal: (a) Attacks a person without provocation, causing injury to that person; (b) Attacks a domestic animal outside the premises of the animal's owner, causing injury to that domestic animal; (c) Has a demonstrated propensity to attack without being provoked or to otherwise endanger the safety of persons or domestic animals; 6.1 (d) Habitually interferes with the public use of a public right-of-way; (e) Habitually destroys or damages real or personal property of a person other than its owner; or (f) Is required to be quarantined pursuant to Crystal city code, section 910.25, but is at large. Subd. 3. Proceedings for disposition of nuisance animals. An animal that is a public nuisance under this subsection is to be disposed of in the manner provided by Minnesota Statutes, sections 347.04 to 347.07. Subd. 4. Complaint. The complaint required by Minnesota Statutes, sections 347.04 to 347.07 may be prepared and presented to the district court by the animal control officer or any peace officer designated by the police chief. 910.21. Commercial kennels. Subd. 1. Design. Kennel floors and walls must be constructed of impervious and easily cleanable materials and all structures, areas, and accessories shall be designed to facilitate frequent and easy cleaning. All areas must be adequately and properly ventilated. Every kennel must be suitably enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. Doors, windows and other openings must be screened from May 1 to October 1. The premises must be provided with the adequate and safe sewer and water connections, plumbing and plumbing fixtures. Subd. 2. Construction. New kennels or repairs or alterations of existing kennels must have plans filed with and approved by the animal control officer, and or the building official if such construction is subject to the state building code, before a building permit may be issued. All new construction or reconstruction must comply with this section and other applicable provisions of this Crystal city code. Subd. 3. Operation. Kennels must be maintained in a clean, healthful, sanitary, and safe condition and so as not to create a health hazard or public nuisance. Kennels must be operated in a humane manner, and the licensee and persons having charge thereof and their employees or agents may not deprive the animals of necessary food, water or shelter, or perform any act of cruelty to the animals or in any way further any acts of cruelty toward them or any act tending to produce such cruelty. 910.23 Fighting animals. Subd. 1. The provisions of M.S. § 343.31, as it may be amended from time to time, are adopted herein by reference. Subd. 2. No person shall: 6.1 (a) Promote, engage in, or be employed in the activity of cockfighting, dogfighting, or violent pitting of one pet or companion animal as defined in M.S. § 346.36, Subd. 6, as it may be amended from time to time, against another of the same or a different kind; (b) Receive money for the admission of a person to a place used, or about to be used, for that activity; (c) Willfully permit a person to enter or use for that activity premises of which the permitter is the owner, agent, or occupant; or (d) Use, train, or possess a dog or other animal for the purpose of participating in, engaging in, or promoting that activity. (e) Purchase a ticket of admission or otherwise gain admission to the activity of cockfighting, dogfighting, or violent pitting of one pet or companion animal against another of the same or a different kind. 910.25. Wild/exotic animals. Subd. 1. General rule. It is unlawful to keep or maintain a wild/exotic animal within the city, which could pose a threat of injury to persons or damage to property. No person shall keep any exotic animal or species when kept in such numbers or in such a way as to constitute a likelihood of harm to the animals themselves, to human beings, or to the property of human beings, or which constitutes a public or private nuisance. Subd. 2. Definitions. (a) The term “wild/exotic animal” means any one of a nonhuman species of the animal kingdom, including those born or raised in captivity, except the following: (1) Domestic dogs (excluding hybrids with wolves, coyotes, or jackals) properly vaccinated against rabies. (2) Domestic cats (excluding hybrids with ocelots or margays) properly vaccinated against rabies; (3) Rodents such as hamsters, mice, gerbils, white rats, guinea pigs, nutrias, chinchillas, minks, or hedgehogs, capable of being maintained continuously in a cage, subject to limitations set forth in section 910.07; (4) Rabbits, subject to limitations set forth in section 910.07; (5) Captive-bred species of common cage birds; 6.1 (6) Small nonpoisonous, nonconstrictive snakes; (7) Nonpoisonous lizards, iguanas, chameleons, salamanders and turtles or other similar small reptiles, unless prohibited by state or federal law; (8) Fish, unless prohibited by state or federal law; (9) Domestically raised ferrets, properly vaccinated against rabies (must be vaccinated yearly), subject to limitations set forth in section 910.07; (10) Domestically raised fowl such as chickens, ducks, geese, turkeys, and pigeons, subject to limitations set forth in section 910.07. (b) Prohibited wild/exotic animals. Without limitation, the term “prohibited wild/exotic animal” includes the following: (1) Any member of the family Canidae, such as wolves, dingoes, coyotes, and jackals, except domesticated dogs; (2) Any crossbreed, such as the crossbreed between dogs and coyotes and dogs and wolves; (3) Any skunk, whether captured in the wild, domestically raised, de-scented or not de- scented, vaccinated against rabies or not vaccinated against rabies; (4) Any raccoon; (5) Venomous snakes of the family Viperidae, such as adders, gabon vipers and pit vipers; venomous snakes of the family Elapidae, such as cobras, coral snakes, and sea snakes; the following three snakes of the family Colubridae: the African twig Snake (Thelotomis Kirtland), the rear-fanged boomslang (Dispholidus typus), and the Asian tiger snake (Rhabdophis forinus). Such snakes are wild/exotic animals, whether or not such snakes are captured in the wild or domestically raised, de-fanged or not de-fanged, de-venomed or not de- venomed; (6) Alligators, crocodiles, and caimans; (7) Any red-eared turtle (Pseudemys scriptae-legans) with a shell length of less than four inches; (8) Any animal or species prohibited by Federal or Minnesota law; (9) All animals not specifically listed in subdivision 2a or 2c. 6.1 (c) Regulated animals. Animals regulated by Minnesota Statutes, section 346.155 including: (1) All members of the Felidae family, including, but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association; (2) Bears; (3) All nonhuman primates, including, but not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins; (4) Any hybrid or cross between an animal listed in subsection 1, 2, or 3 above and a domestic animal, and offspring from all subsequent generations of those crosses or hybrids. Subd. 3. Wild/exotic animal restrictions. (a) No person shall keep or allow to be kept any regulated animal within the city without a permit, whether or not the keeping of such animal is licensed by the state or federal government. Furthermore, the keeping of such animals is subject to a determination by the city that such keeping is consistent with the public health, safety, and welfare. (b) No person shall keep or allow to be kept any prohibited wild/exotic animal. Any person keeping any prohibited animal identified above may have it seized immediately by animal control. (1) Exceptions: (n) This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. (ii) In the case of regulated animals, those exemptions listed in Minnesota Statutes, section 346.155, subdivision 7 shall apply. (c) Permit required for regulated animals. (1) Within 60 days after adoption of this section, a person who possesses a regulated animal must notify in writing the city manager using a registration form prepared by the Minnesota Animal Control Association approved by the 6.1 Board of Animal Health. The notification shall include the person’s name, address, telephone number, and a complete inventory of each regulated animal that the person possesses. The inventory shall include the following information: number and species of each regulated animal; the microchip number and manufacturer for each regulated animal if available; the exact location where each regulated animal is kept; and age, sex, color, weight, scars, and any distinguishing marks of each regulated animal. A certificate of registration shall be issued to the possessor upon payment of the registration fee, and if necessary, the site inspection fee. Fees for registration and site inspections shall be in the amounts as set forth in Appendix B. (2) A person who possesses a regulated animal must notify city manager in writing within ten days of a change in address or location where the regulated animal is kept. (3) A person with a United States Department of Agriculture license for regulated animals shall forward a copy of the USDA inspection report to the city manager within 30 days of receipt of the inspection report. (4) If a person who possesses a regulated animal has a microchip implanted in the animal for identification, the name of the microchip manufacturer and the identification number of the microchip must be provided to the city manager. If a regulated animal is sedated for any reason and the animal does not have a microchip implanted, a microchip must be implanted in the regulated animal. Within 30 days after the microchip is implanted, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. A person selling or transferring ownership of offspring under six months of age as provided in Minnesota Statutes, section 346.155, subdivision 2, paragraph (e), is encouraged to have a microchip implanted in the animal prior to the sale or transfer. Within 30 days of acquisition, a person acquiring ownership of an offspring with a microchip implanted shall comply with microchip information reporting requirements under this section. Subd. 4. Appeals. Any person aggrieved by a determination of the city manager under subsection 910.25 may appeal such determination by filing a written notice of appeal with the city clerk not later than ten days from the date of the manager’s decision. The appeal shall be made to the City Council, which will hear the matter at a regularly scheduled meeting within 35 days of the date of the notice of appeal. ARTICLE II. Chapter IX, section 911 of the Crystal city code is hereby established to read as follows:: Section 911. Beekeeping 6.1 911.01. Definitions. For purposes of this section, the terms defined in this subsection have the meanings given them. Subd. 1. Apiary. “Apiary” means the assembly of one or more colonies of bees at a single location. Subd. 2. Apiary site. “Apiary site” means the lot upon which an apiary is located. Subd. 3. Beekeeper. “Beekeeper” means a person who owns or has charge of one (1) or more colonies of honey bees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honey bees. Subd. 4. Beekeeping equipment. “Beekeeping equipment” means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Subd. 5. Colony. “Colony” means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. Subd. 6. Flyway barrier. “Flyway barrier” means a barrier that raises the flight path of bees above head level as they come and go from a hive. Subd. 7. Hive. “Hive” means the receptacle inhabited by a colony that is manufactured for that purpose. Subd. 8. Honey bee. “Honey bee” means all life stages and castes of the common domestic honey bee, Apis mellifera species. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. Subd. 9. Lot. “Lot” means a parcel of land intended for transfer of ownership or for building development. Subd. 10. Nucleus colony. “Nucleus colony” means a small quantity of bees with a queen housed in a smaller-than-usual hive box designed for a particular purpose, and containing no supers. Subd. 12. Rooftop. “Rooftop” means the uppermost section of a primary or accessory structure of at least one (1) full story and at least twelve (12) feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. Subd. 13. Super. “Super” means a box that holds the frames where bees will store the honey. Subd. 14. Swarm. “Swarm” means a group of bees, usually calm, with a queen that have left a hive to find a new home. 6.1 Subd. 15. Swarming. “Swarming” means the process where a queen bee leaves a colony with a large group of worker bees in order to form a new honey bee colony. Subd. 16. Undeveloped property. “Undeveloped property” means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. Subd. 17. Unusual aggressive behavior. “Unusual aggressive behavior” means any instance in which unusual aggressive characteristics, such as stinging or attacking without provocation, occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack. 911.03. Purpose. Subd. 1. The purpose and intent of this section is to permit and establish requirements for the keeping of honey bee colonies, hives, and equipment within the city and to ensure compliance with the requirements of this section. The City of Crystal recognizes that honey bees are an asset to our community, important in the pollination of plants and in the production of honey and other products. Subd. 2. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any proven nuisance. Subd. 3. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. 911.05. Beekeeping Limited. No person shall keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honey bees on or in any property within the City of Crystal except as provided in this section, unless exempted by subsection 911.09. 911.07 Colony Location. Subd. 1. Hives cannot be located in the front yard and must be located a minimum of ten (10) feet from the rear or side property lines and twenty (20) feet from public rights-of-way, unless further restricted elsewhere in this Code. A corner lot shall be considered to have two front yards. Subd. 2. Hives must be located a minimum of ten feet from any adjacent dwelling unit. 6.1 Subd. 3. Except as otherwise provided in this ordinance, in each instance where a colony is kept less than twenty-five (25) feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height, in conformance with the standards prescribed in section 520, and must comply with the following: (a) The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the colony. (b) If a flyway barrier of dense vegetation is used, the initial planting may be four (4) feet in height, so long as the vegetation normally reaches 6 feet in height or higher within two (2) years of installation. Vegetation must be maintained so that it thrives and continues to meet these standards. If the vegetation dies or is not maintained so that it complies with this code, then the vegetation must be replaced. (c) If a wall or fence flyway barrier is used, the materials must be decay-resistant and maintained in good condition. (d) The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. (e) A flyway barrier is not required if the property adjoining the apiary lot line is (1) undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City limits, or is (4) a wildlife management area or naturalistic park land with no foot trails located within 25 feet of the apiary. If the adjoining property becomes developed, a flyway barrier must be erected according to the specifications of this section. No pre-existing rights or status for a legal nonconformity shall accrue under this subsection. Subd. 4. No colony shall be placed upon a rooftop until the building inspector or its designee has determined that the location poses no health or safety risks and that the rooftop is structurally sound to hold a hive and associated equipment and activities. If the building inspector at any time determines that the hive or building conditions, or both, pose a risk to public health or safety or is being kept in an unsafe condition, the deficiency must be repaired or removed by the owner within ten (10) days of written notice from the city. If the deficiency is not repaired or removed as required by the written notice, the hive must be removed at the owner’s sole expense within fifteen (15) days of written notice from the building inspector. 911.09. Colony Density. Subd. 1. No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot: 6.1 (a) One-half acre or smaller lot: four colonies. (b) Larger than one-half (1/2) acre but smaller than three-quarters (3/4) acre lot: four colonies. (c) Larger than three-quarters (3/4) acre lot but smaller than one acre lot: six colonies. (d) One acre but smaller than five acres: eight colonies. (e) Larger than five acres: no restriction. Subd. 2. If any beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation of the colony density restrictions in this section if temporarily housing the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than six months from the date acquired if the apiary site remains in compliance with the other provisions of this section. 911.10. Required Conditions. Subd. 1. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. Subd. 2. Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive. Subd. 3. Each beekeeper shall ensure that no wax comb, syrup for feeding honey bees, or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other vermin-proof container. Subd. 4. For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth ten-frame hive body with no supers. Subd. 5. Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. Subd. 6. Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. Subd. 7. In any instance in which a colony exhibits unusual aggressive behavior, it shall be 6.1 the duty of the beekeeper to promptly re-queen the colony. Subd. 8. Honey may be sold pursuant to city code and state and federal laws. Subd. 9. The beekeeper shall be able to show they have had a complete course on beekeeping, including, but not limited to, disease and mite management and swarm control. 911.13. Other provisions. Subd. 1. All beekeeping activity is subject to the conditions prescribed by the City. The keeping of honey bees in a manner so as to constitute a breach of peace, or to constitute a menace to the health, safety, or general welfare of the public, or failure to adhere to conditions is cause for enforcement, up to apiary prohibition or removal, and/or may result in an administrative fine. Compliance with these conditions constitutes a limited privilege granted to the beekeeper by the city and in no way creates a vested zoning right. Subd. 2. The City retains the right to modify or revoke the privileges granted by this ordinance and further impose restrictions, limitations, conditions, and prohibitions, which the City deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, annoyance, or to protect the public health and safety. Subd. 3. All instances of beekeeping activity are subject to termination should this section be repealed in its entirety or modified in such a way. Subd. 4. Any person aggrieved by a decision of the City staff regarding the keeping of honey bees may appeal that decision to the City Council by filing a request for appeal with the City Manager within ten calendar days after an adverse decision. The City Manager shall cause the appeal to be placed on the agenda of the next regular City Council meeting that is held not less than ten calendar days following receipt of the appeal request. The City Council may affirm or reject the decision of the City staff. The Council may add reasonable conditions to any decision approving or prohibiting the keeping of honey bees, or may delete any conditions previously imposed by the City staff. 911.15. Inspection. Upon prior notice to the owner of the property where the apiary site is located, city staff shall have the right to inspect any apiary site for the purpose of ensuring compliance with this ordinance. 911.17. Presumed Colony/Hive Value. For the purpose of enforcing City ordinances against destruction of property, each colony/hive shall be presumed to have a value of $300. 911.19. Violations. Subd. 1. Failure to comply with a provision of this section is a violation and the City is authorized to take one or more of the following actions: 6.1 (a) Initiate a criminal action by citation or formal complaint. A violation of this chapter is a misdemeanor. (b) Process the violation as a public nuisance abatement matter under section 2005.01, subdivision 2. (c) Process the violation or violations as an administrative citation procedure action under section 306.07. (d) Process the matter in any other way as allowed by statute or federal law. (e) If a person keeping honey bees refuses or fails to comply with this section, any regulations promulgated by the City pursuant to this section, or any state or local law governing cruelty to animals or the keeping of animals, the City may force the beekeeping activity to cease. Any person who is notified to cease the keeping of honey bees must, within ten days thereafter, humanely dispose of all honey bees being owned, kept, or harbored by such person. ARTICLE II. Severability and Savings. If any section or portion of this ordinance is found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as invalidation or affect the validity and enforceability of any other section or provision of this ordinance. ARTICLE IV. Incorporate. City staff is authorized and directed to update the table of contents and to make such other changes as are necessary to incorporate the amendments adopted by this Ordinance into the Crystal city code. ARTICLE III. Effective Date. This ordinance is effective upon adoption and 30 days after publication. BY THE CITY COUNCIL Julie Deshler, Mayor ATTEST: ____________________________ Chrissy Serres, City Clerk First Reading: November 4, 2025 Second Reading: __________, 20____ 6.1 Council Adoption:_________, 20____ Publication: Effective Date: 6.1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025 – __ RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2025-13 WHEREAS, the Crystal City Council adopted Ordinance No. 2025-13 “AN ORDINANCE TO AMEND CHAPTER IX PUBLIC SAFETY, SECTION 910 ANIMAL CONTROL AND ADD SECTION 911 BEEKEEPING” at its meeting held on November 18, 2025; and WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal City Code indicate that ordinances approved by the City Council will be published in summary form and that the City Council is to approve the form of the summary; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the following summary language is hereby approved for publication of the Ordinance: CITY OF CRYSTAL ORDINANCE NO. 2025-13 AN ORDINANCE TO AMEND CHAPTER IX PUBLIC SAFETY, SECTION 910 ANIMAL CONTROL AND ADD SECTION 911 BEEKEEPING SUMMARY OF ORDINANCE No. 2025-13 Ordinance No. 2025-13 has been approved by the city council on November 18, 2025. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The City Council adopted the above referenced ordinance amending Chapter IX of the Crystal City Code to revise the regulations regarding animal control. In addition, the ordinance created regulations for the keeping of bees. A copy of the full text of the ordinance is available on the City’s website and by contacting the City Clerk. BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do each of the following: 1. Publish the approved summary language once in the City’s official newspaper; 2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of the summary language in the City’s ordinance book; 3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk during the City’s regular business hours; 6.1 4. Incorporate the text of the Ordinance into the Crystal City Code; and 5. Post the updated Crystal City Code on the City’s website. Adopted this 18th day of November 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 6.1 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, NOVEMBER 18, 2025 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Consider approval of minutes from the September 16, 2025 regular meeting 4. Consider exercising the reverter clause of the purchase and redevelopment agreement for the property at 4741 Welcome Avenue North 5. Local Affordable Housing Aid update * 6. Closed session to determine a purchase offer for the former Big O Tires at 5500 West Broadway The EDA may close this portion of the meeting in accordance with M.S. 13D.05 Subd. 3(c)(3). The open meeting would resume after this item is concluded. 7. Preview of upcoming EDA items * 8. Property status update * 9. Other business * 10. 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 4141 Douglas Dr. N. September 16, 2025 1. Call to Order President Eidbo called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 6:45 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: John Budziszewski, David Cummings, Julie Deshler, Forest Eidbo, Traci Kamish, Therese Kiser and Taji Onesirosan. The following staff were present: Executive Director Adam Bell, Deputy Executive Director John Sutter and City Attorney Rachel Tierney. 3. Approval of Minutes Moved by Commissioner Budziszewski (Deshler) to approve the minutes from the August 19, 2025 regular meeting. Motion carried. 4. Consider approval of a resolution adopting a preliminary 2026 HRA tax levy and EDA budget Staff presented the preliminary 2026 HRA levy and EDA budget, answered questions from the board, and requested approval by the board. EDA action Moved by Commissioner Budziszewski (Kamish) to approve a resolution adopting a preliminary 2026 HRA tax levy and EDA budget. Motion carried. 5. Preview of upcoming EDA items Staff informed the EDA that there are no anticipated EDA items at this time. Page 2 of 3 6. Property Status Update Staff informed the board of the following: • Yellow Tree continues to work on a proposal to develop an apartment building on the former Wells Fargo site at 7000 56th Ave. N. They will present an updated development concept at the Oct. 9 Council work session. They intend to submit the land use and development assistance applications for consideration during this winter so they could start construction in spring or summer 2026. • The first sale has occurred of the eight townhomes on the former EDA site at the northwest corner of 34th Ave. N. and Douglas Dr. N. The sold unit is the south end unit and the sale price was $375,000. • All of the eight rental townhomes recently completed at 6205-6219 36th Ave. N. have been rented. • The cabinet wraps have been completed and staff is waiting to hear back from the artists regarding their preferences for recognition by the city in appreciation for their donated artwork. 7. Other Business There was no other business. 8. Adjournment Moved by Commissioner Budziszewski (Kiser) to adjourn the meeting. Motion carried. The meeting adjourned at 6:55 p.m. Page 3 of 3 These minutes of the August 19, 2025 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ___, 2025. ______________________________ Forest Eidbo, President ATTEST: ______________________________ Traci Kamish, Secretary EDA STAFF REPORT Exercise Reverter Clause 4741 Welcome Avenue North FROM: Dan Olson, City Planner TO: Adam R. Bell, Executive Director (for November 18 EDA Meeting) DATE: November 12, 2025 RE: Motion to exercise reverter clause for purchase and redevelopment agreement for the property at 4741 Welcome Avenue North A. Background Gernco Construction closed on the purchase of the vacant EDA lot at 4741 Welcome Ave. N on October 27, 2021 and was approved by the EDA to construct a four -unit residential building. The purchase and development agreement required that the construction be complete within two years of closing. At Gernco’s request in September 2023 the EDA approved an amendment to the agreement that extended th e completion date to June 30, 2024. Although the building exterior is largely complete, Gernco has lagged behind in finishing the interior. The attached photos provide a sample of the state of the interior s for the four units, with much work to complete. In addition, Gernco did not call for the required fire sprinkler inspections and the system was installed incorrectly. Staff has met repeatedly with Gernco to accelerate the construction, most recently on October 17 th and November 6th, but delays are ongoing. The EDA is asked to authorize that a 30-day notice letter (attachment B) be sent to Gernco which requires them to complete the construction of the building within that time frame. If completion is not achieved, the EDA will require that Gernco sign a deed conveying the property back to the EDA. Staff will then retain a contractor to complete the remaining construction and list the property for sale. The purchase agreement allows the EDA to recover all its costs, including legal fees, to bring the property to sale. Attachments A. Interior photos taken Nov. 6, 2025 B. Proposed 30-day notice letter 2025 Aerial Photo: REQUESTED EDA ACTION: Motion to exercise the reverter clause of the purchase and redevelopment agreement for 4741 Welcome Ave. N. which will authorize the mailing of the 30-day notice letter. East Side Exterior Garage Attachment A Kitchen Upstairs Hallway Upstairs Bedroom Stairs to Upper Level Upstairs Bath 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED November 19, 2025 Gernco Construction LLC Attn: Emeka Okeakpu 2934 Colfax Avenue North Minneapolis, MN 55411 RE: Notice of Default under the Purchase and Redevelopment Agreement between the Economic Development Authority of the City of Crystal and Gernco Construction LLC. Dear Mr. Okeakpu: Please be advised that this letter constitutes notice by the Economic Development Authority of the City of Crystal (the “EDA”) that Gernco Construction LLC (“Gernco”) is in default of the terms of the Purchase and Redevelopment Agreement entered into by and between the EDA and Gernco on June 15, 2021 for the purchase and redevelopment of the property located at 4741 Welcome Avenue North in the City of Crystal (the “Agreement”). Pursuant to Section 15 (C) of the Agreement, Gernco was required to complete the building within two years from the date of closing on October 27, 2021. This completion date was later extended to June 30, 2024 according to a Second Amendment to the Purchase and Development Agreement adopted by the EDA on September 5, 2023 and recorded at Hennepin County as document #6036151. Since the deadline of June 30, 2024 has passed, Gernco is in default of the terms of the Agreement. Please be advised that Gernco has 30 days from the date of this notice to cure its default under the Agreement. If the default is not cured within 30 days of the date of this notice, the EDA may exercise its rights to pursue the remedies listed in Section 17 of the Agreement. Also, please be advised that this notice constitutes the notice required under Section 16 of the Agreement. In the event that Gernco does not cure its default of the terms of this Agreement within 30 days of the date of this notice, the EDA intends to exercise its reverter rights under Section 16 of the Agreement and take whatever action is needed in order to for the property’s title to revert back to the EDA. Please contact me if you have any questions or if you need any other information. Otherwise, if you believe that Gernco is not in default of the terms of this Agreement, please provide me with information that supports this assertion within 15 days of the date of this notice. Thank you. Sincerely, Adam R Bell Executive Director Economic Development Authority of the City of Crystal Attachment B Page 1 of 4 EDA STAFF REPORT DATE: November 12, 2025 FROM: John Sutter, Community Development Director TO: Mayor and City Council City Manager Adam R. Bell RE: Consider developing an offer to purchase real property at 5500 West Broadway. The EDA may close this portion of the meeting in accordance with M.S. 13D.05 Subd. 3(c)(3). The open meeting would resume after this item is concluded. Background The property at 5500 West Broadway is a 29,834 sq. ft. (0.68 acre) lot with a 6,650 sq. ft. building and associated parking lot. Property history: 1954 - construction of 1,600 sq. ft. auto service building, gas pumps, and underground fuel tanks 1964 - construction of 750 sq. ft. building addition 1975 - replacement of underground fuel tanks 1980 - replacement of underground fuel tanks 1980 - CUP approved for construction of 4,300 sq. ft. building addition 1984 - removal of underground fuel tanks 2000 - removal of underground waste oil tank, leak discovered, file closed by MPCA in 2003 2005 - leak discovered, file closed by MPCA in 2006 2005 - property sold to current owners, B&D Property Holdings LLC, for $1,100,000 Oct. 2019 - property rezoned to Town Center, auto service business becomes a nonconforming use July 2021 - auto service business closed, 1 year nonconforming use clock starts running July 2022 - building still vacant after 1 year, nonconforming use rights terminated June 2023 - property listed for sale The property is currently listed for sale at $1,075,000. Attachments: • Redevelopment site info sheet prepared by the city • Real estate listing brochure Page 2 of 4 Considerations This property is on a prominent corner in the heart of the city’s town center redevelopment area. It is located directly between Becker Park and Target which is the anchor store for town center retail. While the owners of 5500 West Broadway have been relatively diligent at keeping it up to minimum property maintenance code standards, the presence of the vacant building does stand out as a negative element in this otherwise active area of the city. The property is listed for sale and it presents a rare opportunity in the town center area for the EDA to demolish the building and prepare the site for redevelopment. Reasons to acquire: • Eliminate a vacant building in the town center area • Create a potential redevelopment site on a prominent corner • Long term tax base improvement (could lead to approximately a tenfold increase in property value if redeveloped for multifamily residential) • If environmental cleanup is necessary, there are county, metro and state grants available Reasons to not acquire: • Would use a large portion of the EDA fund balance • Small site, difficult to redevelop if not in conjunction with Crystal Gallery Mall • EDA could end up holding it as a vacant lot for many years until the right project comes along • Due to property history, there may be unresolved contamination issues Requested EDA Discussion- Open Session In open session, the EDA should ask questions about the property and discuss the pros and cons of moving forward with making an offer on this property, but without discussing the amount to offer or other deal terms which should be discussed in closed session if the EDA desires to make an offer. Potential EDA Action - Closed Session If the EDA desires to make an offer, then it would need to authorize a bid amount. State law (M.S. 13D.05 Subd. 3-c) permits a public body to close a meeting for this purpose. The process would occur as follows: 1. Motion, second and majority vote to close the meeting. The motion needs to state that the purpose of the closed session is to develop an offer to purchase real property at 5500 West Broadway. 2. In closed session: Discussion of amount to offer and other deal terms. Motion, second and majority vote to authorize staff to make an offer for the property. Motion, second and majority vote to reopen the meeting. 3. Open meeting resumes. If the EDA’s offer is accepted, then at a subsequent meeting, there would need to be an EDA vote to approve the specific terms of the purchase. Page 3 of 4 2025 Aerial Photo Page 4 of 4 Property Valuation and Tax Information Potential Development Site Address: 5500 West Broadway Ave. DEVELOPMENT SITE Current Use • Vacant Commercial Building Property owner/agent contact info: Sawyer Hulsey 651-256-7404 sawyer@resultscommercial.com Property Size • .68 net acres (29,834 sq. ft.) • Approx. 0.95 gross acres (41, 484 sq. Ō .) In Opportunity Zone? • Yes. More informaƟ on about Opportunity Zones is at go.crystalmn.gov/zone. - Gross acreage is measured out to the centerline of adjacent streets and is used to determine the maximum number of residenƟ al units. Mark Hulsey 651-276-7404 mark@resultscommercial.com CITY UTILITIESZONING Current Zoning: Town Center Base (TC) zoning disctrict. PROPOSED DEVELOPMENT REQUIREMENTS The following is a description of some of the signifi cant requirements for this property in the TC district. A full description of requirements is found in City Code Sections 515 and 520 on the Planning and Zoning page of the city’s website. • Number of residential units: No less than 24, no more than 76. • Minimum number of parking spaces o No spaces are required for non-residential development. o Residential development shall provide a minimum of 1 space per unit, plus 1 space per 10 units for visitor parking. • Minimum/maximum building setbacks: o Along West Broadway: No less than 1 ft., no less than 10 ft. o Along 55th Ave N: No less than 2 ft., no more than 12 ft. o East side: No minimum setback. o North: 5 ft. Note:If there are drainage, uƟ lity or similar easements, these must be respected in addiƟ on to the minimum setbacks listed above. There are no known easements on this property. o 10 Ō .-wide drainage and uƟ lity easement along West Broadway Ave. • Maximum impervious surface: 90%. • Maximum building height: fi ve stories or 60 ft., whichever is less. City Code section 515.05, Subd. 5 describes the city’s requirements to exceed this height maximum. FOR SALE 5500 WEST BROADWAY AVE CRYSTAL, MN 55428 Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com PROPERTY INFORMATION 3 PROPERTY PHOTOS 6 ZONING 11 LOCATION INFORMATION 14 ABOUT THE CITY OF CRYSTAL 18 DEMOGRAPHICS 20 ContentsConfidentiality & Disclaimer All materials and information received or derived from RE/MAX Results Commercial its directors, officers, agents, advisors, affiliates and/or any third party sources are provided without representation or warranty as to completeness , veracity, or accuracy, condition of the property, compliance or lack of compliance with applicable governmental requirements, developability or suitability, financial performance of the property, projected financial performance of the property for any party’s intended use or any and all other matters. Neither RE/MAX Results Commercial its directors, officers, agents, advisors, or affiliates makes any representation or warranty, express or implied, as to accuracy or completeness of the any materials or information provided, derived, or received. Materials and information from any source, whether written or verbal, that may be furnished for review are not a substitute for a party’s active conduct of its own due diligence to determine these and other matters of significance to such party. RE/MAX Results Commercial will not investigate or verify any such matters or conduct due diligence for a party unless otherwise agreed in writing. EACH PARTY SHALL CONDUCT ITS OWN INDEPENDENT INVESTIGATION AND DUE DILIGENCE. Any party contemplating or under contract or in escrow for a transaction is urged to verify all information and to conduct their own inspections and investigations including through appropriate third party independent professionals selected by such party.  All financial data should be verified by the party including by obtaining and reading applicable documents and reports and consulting appropriate independent professionals. RE/MAX Results Commercial makes no warranties and/or representations regarding the veracity, completeness, or relevance of any financial data or assumptions. RE/MAX Results Commercial does not serve as a financial advisor to any party regarding any proposed transaction. All data and assumptions regarding financial performance, including that used for financial modeling purposes, may differ from actual data or performance. Any estimates of market rents and/or projected rents that may be provided to a party do not necessarily mean that rents can be established at or increased to that level. Parties must evaluate any applicable contractual and governmental limitations as well as market conditions,vacancy factors and other issues in order to determine rents from or for the property. Legal questions should be discussed by the party with an attorney. Tax questions should be discussed by the party with a certified public accountant or tax attorney. Title questions should be discussed by the party with a title officer or attorney. Questions regarding the condition of the property and whether the property complies with applicable governmental requirements should be discussed by the party with appropriate engineers, architects, contractors, other consultants and governmental agencies. All properties and services are marketed by RE/MAX Results Commercial in compliance with all applicable fair housing and equal opportunity laws. 5500 W BROADWAY AVECRYSTAL, MN 55428 TABLE OF CONTENTS PROPERTY INFORMATION Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com PROPERTY OVERVIEW Results Commercial is pleased to present For Sale this 6,650 SF former Goodyear Tire building in Crystal, MN. Located on an excellent, high traffic, high visibility corner of West Broadway Avenue and 55th Avenue North, this building has easy access to highways and is surrounded by many strong retailers. No automotive repair or servicing permitted. Ready for a new owner user or redevelopment with 86 Apartment Units already approved by the city. Currently zoned TC - Town Center Core District. This former Goodyear Tire shop presents many opportunities for a new user. The building has a large retail storefront, 2 offices, workshop with 6 bays and overhead doors, plus 1 bay and overhead door in the back of the building along with ample room for storage. There are 3 bathrooms with 2 in the retail/office space and 1 in the workshop. Plenty of parking with 16 spots in the front with additional room for parking in the rear of the building. 5500 W Broadway Avenue is in a designated Opportunity Zone established to incentivize investment into the community and neighborhood. This building is currently vacant and ready for its new phase! Contact listing brokers today for more information or schedule a tour! Sale Price:$1,075,000 Building Size:6,650 SF Lot Size:0.75 Acres Price / SF:$161.65 Year Built:1981 Zoning:TC - Town Center Core District 2023 Taxes $34,420.24 Traffic Count:11,236 OFFERING SUMMARY S ECTI ON 1 / PAG E 4 5500 W BROADWAY AVECRYSTAL, MN 55428 EXECUTIVE SUMMARY Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com SALE PRICE $1,075,000 LOCATION INFORMATION Street Address 5500 W Broadway Ave City, State, Zip Crystal, MN 55428 County/Township Hennepin/118 Range 21 Section 05 Signal Intersection Yes BUILDING INFORMATION Building Size 6,650 SF Occupancy %0% Tenancy Single Number Of Floors 1 Year Built 1981 Gross Leasable Area 6,650 SF Construction Status Existing Free Standing Yes PROPERTY DETAILS Property Type Retail Zoning TC - Town Center Core District Lot Size 0.75 Acres APN#0511821440047 Lot Frontage 240 Lot Depth 250 Corner Property Yes Traffic Count 11,236 Traffic Count Street W Broadway Ave 2023 Taxes $34,420.24 PARKING & TRANSPORTATION Parking Type Surface Number Of Spaces 16 Parking Description Parking lot with 16 spaces & 1 handicap space S ECTI ON 1 / PAG E 5 5500 W BROADWAY AVECRYSTAL, MN 55428 PROPERTY DETAILS PROPERTY PHOTOS Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com S ECTI ON 2 / PAGE 7 5500 W BROADWAY AVECRYSTAL, MN 55428 ADDITIONAL PHOTOS Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com S ECTI ON 2 / PAGE 8 5500 W BROADWAY AVECRYSTAL, MN 55428 ADDITIONAL PHOTOS Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com S ECTI ON 2 / PAGE 9 5500 W BROADWAY AVECRYSTAL, MN 55428 ADDITIONAL PHOTOS Presented By: Mark Hulsey |Managing Broker |651.256.7404 |mark@resultscommercial.com Sawyer Hulsey |Associate Broker |651.233.3708 |Sawyer@resultscommercial.com S ECTI ON 2 / PAGE 10 5500 W BROADWAY AVECRYSTAL, MN 55428 ADDITIONAL PHOTOS Please hand this Corm to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is: Address Zip Code: Date: -' Day Phone (optional): (`):'I - Email (optional)?-: Thank you for your attendance and participation. rlease hand this Corm to the City Clerk before tie 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: eP �r 0 Gera) Name: l i e"j Address: `f� 5� (, Zip Code: S 51f-7— Date: I V o ✓ 10 "zCV r Day Phone (optional):, Email (optional): ___ Thank you for your attendance and participation. elease hand this torm 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: Name: Address: Zip Code:_5 Date: A !i7 Day Phone (optional): Email (optional): -- Thank you for your attendance and participation. Nlease hand this Corm to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (Nfens rirr! elgarly) 1 The topic I wish to address is: 40h & I'l L Name Address: 5 l 0 &gA /d S Zip Code:. -,SS `t a / Date: 7 Day Phone (optional):. Ce lJ 61 a'��"T ✓� Email (optional): Thank you for your attendance and participation. Please hand this Corm to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is:, .��?41f WeLf-0 �yf - /� Name:` Address:11;1- 3 L) Zip Coder - Date: Day Phone (optional): ,A3 — 3 1 Email (optional): Thank you for your attendance and participation.