The URL can be used to link to this page

2014.03.18 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Te]: ('763) 53l -1000 • Fax: ('763) 53l -1188 • www.crystalmn.gov �� r�� ►�� r�� Posted: March l4, 2014 City Council Meeting Packet for Tuesday, March 18, 2014 MEETING SCI3EDULE �� , t t Z � z ,z ,z ,z ,z ,z ,z ,z z ,z ,z ,z z ,z ,z ,z ,z ,z ,z ,z ,z ,z ,z ,z ,z ,z ,z � �:� � � � � �: � �:� � �:� � �:� � r t � � � ,� ,� � � s ,�,,�,,� ,� � � � ,� � � � ,� � � � r:, < <,t t , } i . t. t. t. t iE �: t�. t. t. t. 3 .i .: t $� J�: � s s t t.. t. t. . t. t . t. t,�. t 3�� t.. . � .. t . ..t , . � . � . � . � t t � ..i . t, i.�.t.i<.. � � i .� .. .u, IK� � .r� � . � t . t t...3t .�.. a.. t it It.i-r.it its�. .:,pt �t:. .� is1, t t.ixt,sit it It.i-r.it it It.i-�. St: t-. . r � .�. �,. � a. )t.. 1 j.i i t .s c§ s.: ri t t t .. a.r t.Ss .ls .Ss Ss 1 s a{ t t f J Ss .Ss Ss .Ss .ls .Ss Ss .Ss .ls .( s at .t£e7,-s. t t ,4 t 4 s} z.f.�.; S1 1( � ;ii. ti ;i�J. .1� ��f�. „�•:; :}� .1. i. r'� -t.ct� ,t. ,i,� }a. �. t S }� � � r<} t,�.�,, �.�. � � � �..,,.� �, � t. ,� zt I} r 4tkf t,.7;4s. it ,S, , 2�} 4�;.1 . tu ti?tt �t�it S 7kj::. s{ 1 tiik.� i : s 3 ,it, (. „ ;, �, 2 .t. ,.s�j �7kj:� 7�j ij.4-.i�: . li..}. t ,'li a,trc �ty �{ ��i.uEFtk��}, r.{.n��,t�,�t�,7�„a, ri�.t�tt ri��,.rri�is�,'i±t,�l...,eit � �jk �ui.,.�i��.. {+i:'�v�w,x,`�ift:Jx�t,i# l3tr��„tl,�t tstl.f<'1,4.,?J�s�. k�, .�,�,r.s�s�. d?��,t.tt�iir.� 6- 6:30 p.m. Citizen Input Time Conference :Room A lst Council Work Session to discuss: • Preview of Local Board of Appeal and 6:30 p.m. Equalization meeting with County Assessors Conference Room A • Commission liaisons reports/updates 7:00 p.m. Regular City Council Meeting Council Chambers Immediately after the :Regular City EDA Special Meeting Council Chambers Council Meeting Auxilia�y aids are availahle upon request to individuals with disahilities by calling the City CleNk at (763) 531-I145 at least 96 hours in advance. TTYusers 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 CRYSTA� CITY COUNCI� WORK SESSION AGENDA Tuesday, March 18, 2014 Crystal City Hall Conference Room A 6:30 p.m. Posted: March 14, 2014 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at p.m. on Tuesday, March 18, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Budziszewski Deshler Hoffmann Libby Peak Selton Adams Staff Therres Revering Van Krevelen Other (Hennepin County� R. Winge T. Schumacher M. Bickman II. Aqenda The purpose of the work session is to discuss the following agenda items: • Preview of �ocal Board of Appeal and Equalization meeting with County Assessors* • Commission liaisons reports/updates** *Work session packet materials are available at City Hall. ** Denotes no supporting information included in the packet. 111. Adiournment The work session adjourned at p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at /east 96 hours in advance. TTY users may ca!! Minnesota Relay at 711 or 1-800-627-3529. LOCAL BOARD OF A:PPEAL AND EQUALIZATION SUMMARY OF DUTIES AND RESPONSIBILITIES Most of the responsibilities listed under the Local Board of Appeal and Equalization are statutory, primarily found in Minnesota Statutes 274.01. • The first responsibility is attendance. The Local Board of Appeal and Equalization is an official public meeting similar to a City Council meeting and cannot convene without a quorum. In addition to the local assessor, the county assessor, or one of his/her assistants is required to attend. • At least one member must be present at each meeting of the Local Board of Appeal and Equalization (beginning in 2006) that has attended an appeals and equalization course as developed and approved by the Commissioner of Revenue. The compliance date is December l of the year prior to the current year's meeting. • The valuation notices shall be in writing and be sent by ordinary mail at least ten calendar days before the meeting of the board. The va]uation notice wi]] include the dates, places and times set for the meetings of the Local Board of Appeal and Equalization as well as the Hennepin County Board of Appeal and Equalization. • The meetings must be held between April 1 and May 31 each year, including reconvene meetings. The County Assessor shall fix a day and time when the Local Board of Appeal and Equalization shall meet. The board must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, i.e. calendar days — original night is day one. • The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. • Loca1 Boards of Appeal and Equalization must see that all taxable property is properly valued and classified for the current assessment year only. The board may consider both real and personal property, and both estimated and taxable value. Personal property is limited to mobile homes and their storage sheds, decks and other improvements located in a manufactured home park, structures on leased public lands and RR operating ROW, and ]eased buildings ]ocated on land owned by the occupant and used as their homestead. • If any property has been omitted, the board must correct the assessment by adding it to the list of assessments along with its market value. • The board may not increase or decrease by percentage all assessments in a district of a given class of property. Changes in the aggregate to assessments are by class and are made by the County Board of Equalization. • The board may not make an individual market value adjustment or classification change that would benefit the property in cases where the owner or other person having control over the property will not permit the assessor to inspect the property and the interior of any buildings or structures. • Although the Local Board of Appeal and Equalization has the authority to increase or decrease individual assessments, the total of such adjustment must not reduce the aggregate assessment by more than one percent. If the tota] reductions would lower the aggregate assessment by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation. • The local board does not have the authority to reopen former assessments on which taxes are due and payable. • If an assessment was made after the local board meeting or if a taxpayer can establish not having received the notice of market value at least five days before the meeting, they can appeal to the County Board of Appea] and Equalization. • The board may find instances oiundervalued properties. The board must notify the owner of the property that the value is going to be raised. The property owner must have the opportunity to appear before the board if they so wish. • The local boards do not have the authority to address exemption issues. Only the county assessor (and the tax court) has the authority to exempt property. They also have no jurisdiction over special programs for which an application process is required (Veterans Market Value Homestead Exclusion, Green Acres, etc.). • A taxpayer may appear in person, by counci], or written communication to present his or her objection to the board. The focus of the appeal must center on the factors influencing the estimated market value or classification placed on the property. • All changes will be entered into the assessment record by the county assessor's ofiice. • Before adjourning, the ]oca] board should prepare an officia] list of the changes. The law requires that the changes be listed on a separate form. All assessments that have been increased or decreased should be shown as prescribed on the form along with their market values. The record must be signed and dated by the members of the Local Board of Appeal and Equalization. • The Hennepin County Board of Appeal and Equalization begins meeting on: June 16, 2014 • All appointments must be scheduled no later than Wednesday, May 2l, 2014, by calling the Hennepin County Taxpayer Services Office at: (612) 348-7050 4141 Douglas Drive North 8 Crystal, Minnesota 55422-1696 Te1: (763) 531-1000 � Fax: (763) 531-1188 • www.ci.crystal.mn.us Notice is hereby given that the Local Board of Appeal and Equalization of the City of Crystal will meet on April 1, 2014 at 7:00 P.M. in the Council Chambers at Gify Hall, 4141 Douglas Drive in Crystal, Minnesota. The purpose of the meefing is to determine v�rhether taxable property in the city has been properiy valued and classified by the assessor, and to determine whether corrections need to be made. If you believe fihe value or classification as shown an yaur 2014 Notice of Valuation and Classification is incarrect, please cantact the assessor's office rp ior ta April 1, 2014 at 763-531-1116 (Crystal residents only). If you are not satisfied with the valuation or classification after discussion with your assessor, you may appear befare the local board of appeal and equalization. The board shall revievv fhe valuation, classifica�ian, or bafih if necessary, and shall correct i� as needed. Generally, an appearance befare this board is required b�r lavv before an �ppeal can be taken to the county board of appeal �nd equalization. Dated: March 11, 2014 Chrissy Serres, Cify Clerk City of Crystal THE ASSISTANT CITY MANAGER'S COMMENTS ARE BO�DED. s .: " �• � . � , ii • • •- l�i�_1��iZ�7:77�:�:Z�7��i�_1��_1�1�7»��Zel�i7y_1��xe]I_1►CN� II. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from March 4, 2014; b. Two Council Work Sessions from March 4, 2014; and c. The Council Work Session from March 13, 2014. III. CONSENT AGENDA The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a lawful gambling application for an exempt permit to conduct a raffle on April 25, 2014 at St. Raphael's Church, 7301 — 56t" Avenue North; 4. Approval of a solicitation license for Marc Faulhammer of Window Concepts of Minnesota, Inc. to go door-to-door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement projects; 5. Approval of solicitation licenses for Cougar Christopherson, Daniel Flaherty, Janet Shelton, Jake Spiess, and Aaron Welter of Custom Remodelers, Inc. to go door-to- door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement projects; 6. Approval of a resolution amending Appendix IV of the Crystal City Code relating to the 2014 Fee Schedule — Main Section; and 7. Approval of a resolution providing host approval to the issuance of a revenue obligation by the City of New Hope for the benefit of Homeward Bound, Inc. Crystal City Council Meeting Agenda March 18, 2014 IV. REGULAR AGENDA 1. The Council will consider a resolution accepting the Feasibility Report and ordering a Public Improvement Hearing for 2014 Alley Construction Project No. 2014-07. The Feasibility Report for the 2014 Alley Project No. 2014-07 is complete. A neighborhood meeting was held on February 27. Recommend Council adopt the resolution accepting the report and ordering the project public improvement hearing for the May 6 meeting. 2. The Council will consider a resolution approving plans and specifications and ordering advertisement for bids for South �ift Station Force Main Lining Project No. 2013-08. The plans and specifications are ready for the project to re-line the South (Bassett Creek Park) Sanitary �ift Station. Recommend adopting the resolution approving plans and specifications and ordering the advertisement for bids, Project No. 2013-08. 3. The Council will consider second reading of ordinance revising Section 940 of the City Code regarding civil disorder. At its March 4 meeting, the City Council approved the first reading of an ordinance revising Section 940 regarding firearms on city property. Recommend approval of the second reading of this ordinance. 4. The Council will consider a resolution commending Parks Superintendent Rick Rauen. Parks Superintendent Rick Rauen will retire on March 28 with 13+ years of service to Crystal. Recommend approval of the resolution. •• •� (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. lndividuals are asked to step up to the podium and speak clearly into the microphone. You are allowed 3 minutes to make your comments and no items may be addressed more than ten minutes. The Council will not take action on items discussed during open forum or discuss matters under pending or threatened litigation; however, the Council may add the item to a future meeting agenda and ask city staff for follow-up. No comments will be taken during tonight's Open Forum regarding the Ramirez matter or Officers Watt and Erkenbrack or other current employees. The Council is well aware of the issues and concerns of inembers of the community group, Communities United Against Police Brutality and Crystal residents. The group's members have attended many city council meetings and have been in contact by telephone, email and written letter. The city has responded many times to requests for information. The city will provide any public information available in the future. Citizens are invited to communicate with city staff or the Mayor and Council by email or letter about this or any other topic.) Page 2 of 3 Crystal City Council Meeting Agenda March 18, 2014 VI. INFORMATION AND DISCUSSION a) The Crystal Business Association meets on Wednesday, March 19, at 8:30 a.m. at Herzing University. b) The next City Council Meeting begins at 7:00 p.m. on Tuesday, April 1, in the Council Chambers at City Hall. . � � • VIII. MEETING SCHEDULE ON MARCH 18 2014 t i}�} i{�: t � u�ut �; � � � �1�1�1�1�1�1� utk .§ � r t t 'i�a # �r. .51 ,;: r.�..i,s:, }r i tlt k r. ��,� � kis t tlL�. t y .'.5 r' t' 2 r ,j..}� }� t}t2 .,t,. x c. s^ � rr� .t��, s. r{)r k�-.k k k k k k k�-.t ..� .t r t�#,, :i; s r�:: i ; <,,i � f�r. i s S2 . C � 7 r; }k.. � .�.... t � .t �t� �t� �ti�'.�t� �t� a4. t. t .r r, � { ..t., t.� � t. tfsst�, r.�.�.. t rt rt....� t r r.-i..S., . t. t. t. t. t 1:- .,�4 t �:'?�f�s': t 1.' u.r.� I. .7 .7 i t. t � �� ...s ai .i .....� s . f ..�aSs 7.�, tt�s.f{ .c't. s „}+,lt .}i :.Ittc.tt..-. t t tlil4 �..}� # )e, �`i },,..,j .z... c...i t�.(tl$.. ,:-;t .$. }�ui4fst%..;�Itti�#itrh>itt,l„2.., ,. ,s�'r,:4,.:i§t�� usli.�-..�r1I;}#rx,tt}}'.ti,�r�t,tr,�.;/s,f{��S�.,t��i�k,.,�..�,t ).l<r��s ,:��,�.��s��,4(tat,�,s}�t„i��';.Y�r,it��F��re�N.�„�,�it�,�,S,..s�lrYrl�,.,t} s�,��.�.,.,,4 ,t�iwt>st{;F�,!N�%d^{°c 6- 6:30 p.m. Citizen Input Time Conference Room A 1St Council Work Session to discuss: • Preview of �ocal Board of Appeal 6:30 p.m. and Equalization meeting with Conference Room A County Assessors • Commission liaisons reports/updates 7:00 p.m. Regular City Council Meeting Council Chambers Immediately after the Regular City EDA Special Meeting Council Chambers Council Meeting Page 3 of 3 Crystal City Council First Work Session minutes March 4, 2014 2691 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:35 p.m. on Tuesday, March 4, 2014 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCI�: Adams, Budziszewski, Deshler, Hoffmann, �ibby, Peak, and Selton. STAFF: City Manager A. Norris, Assistant City Manager/Human Resources r K. Therres, Finance Director C. Hansen, Police Chief S. Revering, C Attorney G. Gilchrist, and City Clerk C. Serres. II. AGENDA The Council and staff discussed the following agenda item: • Amending the 2013 budget III. ADJOURNMENT The work session adjourned at 6:44 p.m. ATTEST: Ci Jim Adams, Mayor ager Crystal City Council Meeting Minutes March 4, 2014 .•. I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, March 4, 2014 at 7:01 p.m. in the Council Chambers at 4141 Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order. :• �� Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: COUNCI� Present: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. STAFF City Manager A. Norris, City Attorney T. Gilchrist, Assistant City Manag� Manager K. Therres, Public Works Director T. Mathisen, Police Chief S. C. Serres. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in the Pledge of Affegiance. ;ources d City Clerk The Council considered amending the agenda to add Consent', Agenda item #6 in regards to approval of a resolution in support of a grant application f+ar a Veteran's Memorial at Twin Oaks Park. Moved by Council Member Peak and seconded by Cauncil Member Hoffmann to approve amending the consent agenda. PROCLAMATION The Mayor read a prodamation supporting the Beyond the III. ACKNOWI. The Mayor F�ecreation IV. COUNCI'L Motion carried. Yellow Ribbon project. a donation of $2,500 from 2MK Sports Marketing to the Crystal ��I�[el►�Il�l�j�� The Council considered the minutes from the following meetings in a single motion: a. The Council Work Session from February 13, 2014; b. The Regular City Council Meeting from February 18, 2014; c. Two Council Work Sessions from February 18, 2014; and d. The Council Work Session from February 25, 2014. Crystal City Council Meeting Minutes March 4, 2014 2693 IV. COUNCIL MEETING MINUTES CONTINUED Moved by Council Member Budziszewski and seconded by Council Member Peak to approve the above minutes in a single motion. V. CONSENT AGENDA The Council considered the following items, which are routine and non-co nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk Council, a list that is on file in the office of the City Clerk; Motion carried. �� 2. Approval of disbursements over $25,000 submitted by the Finance a'irector to the City Council, a list that is on file in the office of the Finance Director; 3. Appointment of City Forester James Burks as the assistant weed inspector for the City of Crystal; 4. Approval of Resolution No. 2014-16 related to arnending the 2013 Permanent Improvement Revolving (PIR) Fund Budget; 5. Approval of Resolution No. 2014-1 � related to amending the 2013 Budget; and 6. Approval of Resolution No. 2014-18 in suppnrt of a grant application for a Veteran's Memorial at Twin Oaks Park. Moved by Council Member Budzisz approve the consent agenda. By roll call and voting aye: H�fFinan Abstention: Selton. VI. REGULAR AGENDA � � nded by Council Member Peak to , Peak, Adams, Budziszewski, and Deshler. Motion carried. 1. The Council considered the appointment of Kyle Turner to the Environmental Quality Commission for an unexpired term to expire on December 31, 2015. Applicant Kyle Turner addressed the Council. Moved by Council Member Selton and seconded by Council Member Peak to approve the appointment of Kyle Turner to the Environmental Quality Commission for an unexpired term to expire on December 31, 2015. Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried. Crystal City Council Meeting Minutes March 4, 2014 2694 VI. REGULAR AGENDA CONTINUED 2. The Council considered contributions from the City Initiatives Fund to NEAR and PRISM Food Shelves. The following representatives addressed the Council: • Jan Monroe from NEAR Food Shelf • Michelle Ness from PRISM Moved by Council Member Selton and seconded by Council Member Budziszewski to approve contributions from the City Initiatives Fund of $1,500 each to NEAR and PRISM food shelves. Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried. 3. The Council considered $2,000 contribution from the City Initiatives Fund to Community Mediation & Restorative Services. � The following representative addressed the • Rick Hendricks from Community Me� Moved by Council Member Deshler and s approve the contribution from the City Init Mediation & Restorative Services. ` T• � . ' •. : .� Services I by Council Member Hoffmann to und of $2,000 to Community ann, Libby, Peak, and Selton. Motion carried. Council considered a resolution approving plans and specifications and ordering �rtisement fc�r bids''for Council Chambers AV and Lighting Project No. 2013-19. ic Works Director T. Mathisen addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Peak to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2014 — 19 .••-� • . . � ' � • � � •i� i �� ._G _1/._l •i : � COUNCIL CHAMBERS AV LIGHTING UPGRADE PROJECT NO. 2013-19 Crystal City Council Meeting Minutes March 4, 2014 2695 VI. REGULAR AGENDA CONTINUED Voting aye: Adams, Budziszewski, Deshler, Hoffmann, �ibby, Peak, and Selton. Motion carried, resolution declared adopted. 5. The Council considered authorizing staff to maintain campaign finance reports on the city website. City Manager A. Norris addressed the Council. Moved by Council Member Selton and seconded by Council Member Deshler to approve authorizing staff to maintain campaign finance reports on the city website beginning March 5, 2014. By roll call and voting aye: �ibby, Peak, Selton, Adams, Deshler, and Haffmann. Voting nay: Budziszewski. Motion carried. 6. The Council considered second reading of ordinance amending Section 1137 of the City Code regarding civil penarties for tobacco. City Manager A. Norris addressed the Council. Moved by Council Member B to adopt the following ordinar C VI and seconded by Council Member Deshler DINANCE NO. 2014 — 01 ESS AND TRADE REGULATIONS: :5 FOR TOBACCO, SECTION 1137 , that this is the second and final reading. udziszewski, Deshler, Hoffmann, �ibby, Peak, and Selton. Motion carried. 7. The Council considered first reading of ordinance revising Section 940 of the City Code regarding civil disorder. City Manager A. Norris addressed the Council. Moved by Council Member Selton and seconded by Council Member Budziszewski to adopt the following ordinance: Crystal City Council Meeting Minutes March 4, 2014 2696 VI. REGULAR AGENDA CONTINUED ORDINANCE NO. 2014 — 02 AN ORDINANCE RELATING TO CHAPTER IX PUBLIC SAFETY: REVISWG SECTION 940 CIVIL DISORDER and further, that the second and final reading will be held on March 18, 2014. Voting aye: Adams, Budziszewski, Deshler, Hoffmann, �ibby, Peak, and Selton. VII. OPEN FORUM The Mayor invited interested persons to address the Council. The following persons addressed the CounciL 1 f�: carried. Eric Schiltz, U of M student, expressed his appreciation to Chief Revering and city officials for honoring heroic citizens at the February 1$, 2014 Council meeting. Darryl Robinson, Minneapolis, commented that we would like to see more diversity on the City Council and in the City's workplace. 3. Andrew Henderson, 205 County regarding the First Amendment. 4. Michelle Gross, 4200 Ced advised her attorney to dr� e Canada, shared his view Minneapolis, informed the Council she VIII. INFORMATION AND C�ISCUSSION Mayor Adams read the following announcements: a) Citizen Input Time will be held from 6— 6:30 p.m. Conference Rat�m A at City Hall. b) The next City, Council Meeting begins at �:00 p.m Council Chambers at City Hall. on Tuesday, March 18 in on Tuesday, March 18, in the c) The Crystal Business Association meets on Wednesday, March 19, at 8:30 a.m. at Herzing University. d) Empty Bowls will be held on March 11 from 4— � p.m. at Sandburg and volunteers are needed. IX. ADJOURNMENT Moved by Council Member Budziszewski and seconded by Council Member Peak to adjourn the meeting. Crystal City Council Meeting Minutes March 4, 2014 2697 The meeting adjourned at 7:57 p.m. ATTEST: Chrissy Serres, City Clerk Motion carried. Jim Adams, Mayor Crystal City Council Second Work Session minutes March 4, 2014 2698 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at 8:07 p.m. on Tuesday, March 4, 2014 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCI�: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. STAFF: City Manager A. Norris, Assistant City Manager/Human Resourees Manager K. Therres, Police Chief S. Revering, and City Clerk C. Serres. II. AGENDA The Council and staff discussed the following agenda items: • Change of polling location • Council salaries The work session adjourned at 8:21 p.m � Cf Jim Adams, Mayor Crystal City Council Work Session minutes March 13, 2014 2699 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:00 p.m. on Thursday, March 13, 2014 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. ATTENDANCE The assistant city manager/human resources manager recorded the attendance with the following members: COUNCIL: Adams, Deshler, Hoffmann, Libby, Peak, and Selton. ABSENT: Budziszewski. ��— • � Assistant City Manager/Human Resources Manager K. T Director G. Hackett, Public Works Director T. Mathisen, F Superintendent R. Rauen, and Police Chief S. Revering.; Parks and Recreation Commissioners: L. Haney; T. Jung L. Merriam, J. Sodd. II. AGENDA The Council and staff discussed the following agenda iterns: • Parks & Recreation Update: 0 2013 Year in Review 0 2014 Work Plan O�erview 0 2014 Major Work Plan Items � �'1 o Budget o Miscella ADJOURNMENT The work session adjourned at 9:27 � us Jim Adams, Mayar Kim Therres, Assistant City Manager/Human Resources Manager i� ; N. LaRoche, APPLICATIONS FOR CITY LICENSE March 18, 2Q14 GASINSTALLER Blue Ox Heating & Air 1428 3rd St Minneapolis, MN 55301 Sharp Heating & A/C 7221 University Ave NE Fridley, MN 55432 PLUMBER Adam's On-time Plumbing 13791 Jonquil Lane N Dayton, MN� 55327 Dusty's Drain Cleaning P O Box 262 St Francis, MN 55070 J& J Mechanica] 452 8th Ave SW Lonsdale, MN 55046 J& J Plumbing 547 Minnesota Street Shakopee, MN 55379 M& S Plumbing LLC 2505 223ra Lane NW Cedar, MN 55011 River City Plumbing 8290 Main St #39 Fridley, MN 55432 Robinson Productions 8200 Co :Rd 39 NE Monticello IVIN 55362 RENTAL — NEW 5817 Hampshire Ave N— Deanna Forkey (Conditional) 6701 Lombardy La — 4800 C Heights LLC (Conditional) 3341 Nevada Ave N, 4104 — Nadejda Potapenko (Conditional) 5816 Orchard Ave N— Invitation Homes (Conditional) 3347 Utah Ave N— Invitation Homes RENTAL — RENEWAL 4601 Brunswick Ave N— Jim/Yvonne Hegedus 4321 Colorado Ave N— James/Alice Baker 3941 Douglas Dr N— REM Hennepin Inc 2917 Edgewood Ave N— Bernie/Lori Borschke (Conditional) 4318 Georgia Ave N— Nham Phan Ta (Conditional) 3813 Hampshire Ave N— J L Gates Subj to Life Estate 5324-5340 Hanson Ct N� — TMC Equities LLC (Conditional) 2942 Idaho Ave N— David/Tanya Yerich 4025 Jersey Ave N— Homeward Bound Inc 5236 Jersey Ave N— Gary Stendahl (Conditional) 3535 June Ave N— Homeward Bound Inc 2702 Kentucky Ave N— Larry Emond 2960 Kentucky Ave N— Gabrielle Duccini for Janor Bougerie 4801 Kentucky Ave N— GL Enterprises LLC 3529 Lee Ave N— Homeward Bound Inc 6804 Lombardy La — Raymond/Cindy Scherbing 3447 Louisiana Ave N� — Olivet Baptist Church 4525 Louisiana Ave N— Janice Shackelford (Conditional) 3425 1Vlajor Ave N— William Feist 5704 Orchard Ave N— Andrew/Lillian Moris 3424 Perry Ave N— Susan/George Robinson 5320 Quail Ave N— Elwyn Mattson 3432 Regent Ave N� — Bin Wang 5540 Regent Ave N— Open Hands Inc (Conditional) 5228 Unity Ct N— Steve Hinrichs CONSENT AGENDA #1 Page 1 of 2 RENTAL — RENEWAL CONTINUED 5230 Unity Ct N— Steve Hinrichs 3101 Virginia Ave N� — Redeemer Reformed Church 3216 Welcome Ave N— Chris Nelson (Conditional) 5025 Wilshire Blvd — J�acob/Carrie Kowalski 3000 Winnetka Ave — 3000 Winnteka Company/Crystal Village (Conditional) 4422 Yates Ave N— Susan/James Thillman 4849 Yates Ave N— Ramiz Muratovic (Conditional) 7255 32"d Ave N— J Nunez/M Sicilia 5621 34th Ave N— Kay Marie/Carol's Investments 630'7 34th Ave N— Wa1ly Anderson 6327 36th Ave N— Gina Kilgore 6809 36�h Ave N— Homeward Bound Inc 5917 38th Ave N— Jason Herzog 6505 40�h Ave N— RHT Edgewood LLC 5720 43ra Ave N— Homeward Bound Inc 6716 43rd Ave N— Bobbie Morlock 6517 47th Ave N— Brian Hedberg 6817 4'7�h Ave N� — K Skurat/C Edelstein. 7105 52"d Ave N— Steve/Karen Grotting 6921 59�h Ave N— James Pierce 7717 59th Pl N— Mark/Jodi Heiden (Conditional) TREE TRIMMER Minnesota Tree Experts 7527 0liver Ave N Brooklyn Park, MN 55444 CONSENT AGENDA #1 Page 2 of 2 CONSENT AGENDA #2 DATE: March 13, 2014 TO: Anne Norris, City Manager City af Crystal Gity Council FROM: Gharles Hansen, Finance Director RE: Expenditures over $25;000 Pavee Description MacQueen Equipment Inc New 2014 MN sidewalk tractorwith plaw and biower #303/1740 & trade-in 1994 sidewalk tractor PERA Employee & city required contributions: pay date 2/28/2014 Golden Valley JWG January Water Gosfs Logis January Support Pure Technologies US Inc Inspection of 36" JWC main from York Ave to Crystal pump station IRS - EFTPS Social Security; Medicare; & Federal Tax W/H; pay date 2/28/2014 .G \'Can}n�Aucis Pey\Girzcke o r.� 525A00 Mzma �mount $119,406.50 $44, 991.05 122, 527:57 $62; 558.72 $53; 300.00 $61; 503:45 $464,287.29 �'. . ` ` � �! � • ! . � � � �" CONSENT AGENDA #3 1j13 Page S of 2 An exempt permit may be issued to a nonprofit organization that: J�p�,)�IC�t1019 ft'.@ (non refundable) - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. If application is postmarked or received 30 days or If total prize value for the year will be $1,500 or less, contact the licensing more before the event $50; otherwise $10�. specialist assigned ta your county. ORGANiZATION ItVFORMATIi}N Organization name Previous gambling permit number Church of St. Raphael Minnesota tax ID number, if any Federal employer ID number (FEIN), if any Type of nanprofit organization. Check one. Fraternal X Religious Veterans Other nonprofit arganization Mailing address City State Zip code County 7301 Bass Lake Road C St�l MN 5542$ Hennepin Name of chief executive officer [CEO] Daytime phone number E-mail address Fr. Michael Izen 763-537-8401 NCINPR(}FIT STATUS Attach a copy of ONE of the foliowing for proof of nonprofit status. X Nonprofit Articles of Incarporatian OR a current Certificate af Good Standing. Don't have a capy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St, Paul, MN 55103 Phone: 651-296-2803 IRS income tax exemptian [501(c)] letter in your organization's name: Dan`t have a copy? To obtain a capy of your federal income tax exempt letter, have an organization afficer contacf the IRS at 877-829-5500. IR5 - Affiliate af national, statewide, or international parent nanprofit organization [charter] If your organization fails under a parent organization, attach copies of both of the following: a. IRS letter shawing your parent organization is a nonprofit 501{c) organization with a group ruling, and b, the charter or letter from your parent organization recognizing your organization as a subordinate: GAMBLING; P'I�EMIS�S �IVFt3RMAT=QN Name of premises where the gambling event will be conducted: For raffles, list the site where the drawing will take place. Church af St. Raphael Address [do not use PO box] City or township Zip code County 7301 Bass Lake Road Crystal 55428 Hennepin Date[s] of activity. For raffies, indicate the date of the drawing. April 25, 2014 Check each type of gambiing activity that your organization will conduct. Bingo* X Raffle Paddlewheels* Pull-tabs* Tipboards* *Gam6ling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained fram a distributor licensed by the Minnesota Gambling Control Board, EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb,state.mn.us and click on Distributors under the WHO'S WHO? �IST OF l2CENSEES, or call 651-539-1900. CONSENT AGENDA #3 L��2� Ata�li�at��►� f�►� E�c�r�pt ��r�r�it �J�� Pag� z of � czrv AP�RovAL couwrY aPPRovaL far a gambling premises for a gambling premises located within city limits located in a township _The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The applicatian is acknowiedged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30 [60 days for a 1st dass city]. days. _The application is denied. The application is denied. Print city name Print county name Signature of city persannel Signature of county personnel Date ' Title Date TOWNSHIP. If required by the county. On behalf of the township, I acknowiedge that the organization is applying far exempted gambling activity within the township limits. [A township has no statutary authority to apprave or deny an application, per Minnesota Statutes 349.166.] Print township name Signature of township officer Title Date I�rwu�� The information provided in tnis application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be campleted and returned to the Board within 30 days of the event date. Chief executive officer's signature �"�`� Date � �` i'� Print name ��'� � � C'�7� � ��-�� Complete a separate application for: Financial report and recordkeeping required • all gambiing conducted on two or more consecutive days, or A financial report form and instructions will be sent with your o all gambling conducted on one day. permit, or use the online fili-in form available at Only one appiication is required if ane ormore raffle drawings `�'�ww.gcbstate.mn.us. are conducted on the same day Within 30 days of the event date, complete end return Send applicatian with: the financial report form to the Gambling Control Board. _ a copy of your proof of nonprofit status, and Questions? _ applicatian fee (non refundable). Make check payable to Cali the Licensing 5ection of the Gambling Control Board "State of Minnesota." at 651-539-19d0. TO: Gdmbling COt1tr01 Bo81'd This form will be made available in alternative format (i.e. Iarge print, Braille) 1711 West County Road B, Suite 300 South upon request. Roseville, MN 55113 Data privacy notice: The information requested on this All other information provided will be pri- General; Commissioners of Administration, form {and any attachments) wili be used by the Gambling vate data about your organization untii the Minnesota Management & Budget, and Controi Board (Board} to determine your organization's Board issues the permit. When the Boerd Revenue; �egislative Auditor, national and qualifications to be involved in lawful gambling activities in issues the permit, all information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to wili become public. If the Board does not anyone pursuant to court order; other indi- supply the information; however, if your organization issue a permit, all information provided viduals and agencies specifically authorized refuses to supply this information, the Board may not be remains private, with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which wili the information; individuals and agencies as a consequence, may refuse to issue a permit If your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested, the Board organization are available to: Board mem- new use or sharing of information after this wili be able to process the application. Your organization's bers, Board staff whose work requires notice was given; and anyone with your name and address will be public information when received access to the information; Minnesota's written consent. by the 8oard. -0epertment of PublicSafety;-Attorney 1 � \ : _ � 1_� :' � COUNCI� STAFF REPORT ��fi�� Consent Aqenda: Solicitor License ��►�: March 18, 2014 Council Meeting MEMORANDUM DATE: March 6, 2014 TO: Crystal City Council City Manager Anne Norris FROM: Administrative Services Caordinator Trudy Tassoni SUBJECT: Solicitation license for Window Concepts of Minnesota, Inc. Window Concepts of Minnesota, Inc. is requesting a solicitation license for Marc Faulhammer to go door-to-door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement proj ects. Mr. Faulhammer passed a criminal history check conducted by the Police Department. Council Action Requested As part of the Consent Agenda, approve the solicitation license for Marc Faulhammer of Window Concepts of Minnesota, Inc. to go door-to-door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement projects. His application is available fo� �eview in the city cle�k's of�ce. � � � : _ � � _: : '� � COUNCI� STAFF REPORT ��fi�� Consent Aqenda: Solicitor Licenses ��►�: March 18, 2014 Council Meeting MEMORANDUM DATE: March 6, 2014 TO: Crystal City Council City Manager Anne Norris FROM: Administrative Services Caordinator Trudy Tassoni SUBJECT: Solicitation licenses for Custom Remodelers, Inc. Custom Remodelers, Tnc. is requesting solicitation licenses for Cougar Christopherson, Daniel Flaherty, Janet Shelton, Jake Spiess, and Aaron Welter to go door-to-door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement projects. All applicants passed a criminal history check conducted by the Police Department. Council Action Requested As part of the Consent Agenda, approve solicitation licenses for Cougar Christopherson, Daniel Flaherty, Janet Shelton, Jake Spiess, and Aaron Welter of Custom Remodelers, Tnc. to go door-to-door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement projects. Thei� applications a�e available fo� �eview in the city cle�k's office. 1� \ : _ � 1_� : •. �r�� Memorandum ��. DATE: March 11, 2014 TO: Mayor and Council Members Anne Norris, City Manager FROM: Charles Hansen, Finance Director SUBJECT: Consideration of a Resolution Amending Appendix IV of the Crystal City Code relating to the 2014 Fee Schedule — Main Section Discussion: The City Council reviewed and adopted the 2014 fee schedule on September 17, 2013. Several fees have come to our attention that need to be amended or added to the 2014 fee schedule. The amendments and additions are as follows: • The fee for notary services has been listed in the schedule as $2.00. It came to our attention that the state statute requires the notary fee to be $1.00. • It was decided as part of the 2014 budget to set pawn shop transaction fees at $3.00 per electronic transaction and $3.50 per manual transaction. It was necessary to give the pawn shops 30 days notification that the fees are changing. That notification went out in February and so the fee change can take effect on April 1 St • A new building permit fee is needed for garage door replacements. This will be a flat fee for each door replaced of $55.00, including the state surcharge. Recommended City Council Actions: It is recommended that the City Council adopt the resolution amending Appendix IV of the Crystal City Code relating to the 2014 Fee Schedule. 1� \ : _ � 1_� : •. CTTY OF CRYSTAL RESOLUTION NO. 2014 - RESOLUTION AMENDING APPENDIX IV OF THE CRYSTAL CITY CODE RELATING TO THE 2014 FEE SCHEDULE — MAIN SECTION WHEREAS, the City Council adopted the 2014 Fee Schedule on September 17, 2013; and WHEREAS, additional changes to the 2014 Fee Schedule are needed. NOW, THEREFORE, �BE IT RESOLVED by the Crystal City Council that the Appendix IV of the Crystal City Code Relating to the 2014 Fee Schedules is amended as follows: • Notary fee is set at $1.00 per transaction, • Pawn shop transaction fees are set at $3.00 per electronic transaction and $3.50 per manual transaction. • A building permit fee for garage door replacements is set at $55.00 per door, including the state surcharge. Adopted by the Crystal City Council this 18th day of March, 2014. Jim Adams, Mayor I� Gail Van Krevelen, Assessing/Customer Service Specialist ►,� Cil:�:�.�ll��l:i�l7 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http:llwww.kennedy-graven.com •'� � .. , � ... ., ..l. _ � , ..l. ■ / TO: Anne Norris, City Manager, City of Crystal (the "City") FROM: Julie Eddington DATE: March 7, 2014 RE: Resolution providing host approval to the issuance of a revenue obligation by the City of New Hope for the benefit of Homeward Bound, Inc. Background Homeward Bound, Inc., a Minnesota nonprofit corporation (the `Borrower"), has requested that the City of New Hope (the "City of New Hope"} issue its revenue obligation (the "Note"} in a principal alnount not to exceed $3,400,000. The Borrower proposes to use the proceeds of the Note to (i) re�inance one or more loans made to finance the following housing and care facilities for the disabled located at 4300 Lake Drive, Robbinsdale, Minnesota; 3300 Fountain Lane, Plymouth, Minnesota; 315 Saratoga Lane North, Plymouth, Minnesota; 13522 Sunset Trail, Plymouth, Minnesota; 305 Althea Lane, Hopkins, Minnesota; 4213 Zealand Avenue North, New Hope, Minnesota; 3009 Atwood Avenue, Minnetonka, Minnesota•, 4025 Jersey Avenue North, Crystal, Minnesota; 3535 June Avenue North, Crystal, Minnesota; 5720 43r`� Avenue North, Crystal, Minnesota; 3529 Lee Avenue North, Crystal, Minnesota; 6809 36tb Avenue North, Crystai, Minnesota; 4155 Webster Avenue South, St. Louis Park, Minnesota; 6452 Bluebird Circle, Maple Grove, Minnesota; 6769 East Fish Lake Road, Maple Grove, Minnesota; 7324 Noble Court, Brooklyn Park, Minnesota; '7839 Brooklyn Boulevard, Brooklyn Park, Minnesota; 1629 Independence Avenue North, Golden Valley, Minnesota (the "Existing Facilities"); (ii) finance the acquisition, construction, and equipping of a new housing and care facility to be located at 6615 Medicine Lake Road in Golden Valley, Minnesota (the "New Facility," and collectively with the Existing Facilities, the "Project"); and (iii) pay the costs of issuance of the Note. The Project will be ou�ned and operated by the Borrower. The Note is proposed to be issued pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), and Minnesota Statutes, Sections 471.59 and 471.656, as amended. The public notice requirements of the Act and Section 147(fj of the Internal Revenue Code of 1986, as amended (the "Code"), mandate that the City Council of the City hold a public hearing on the approval of the issuance of the Note and a cooperative agreement to be entered into with the other cities in which a portion of the Project is located (the "Cooperative Agreement"). On February 3, 2014, the Cit}� Council of the City .. , � ... ., ..l. _ � , ..l. ■ / adopted a resolution appointing Hennepin County, Minnesota (the "County") as the agent responsible for conducting the public hearing. On March 18, 2014, the Public Works, Energy & Environment Committee of the County Board conducted a duly noticed public hearing at which residents of the Participant Cities were provided the opportunity to be heard. The attached resolution (i) approves the issuance of the Note by the City of New Hope to re�nance a facility located within the City; and (ii) authorizes the execution and delivery of the Cooperative Agreement by the officials of the City. Please contact me at your convenience with any questions regarding the foregoing. � : �. .• • � Julie Eddington follows: .. , � ... ., ..l. _ � , ..l. ■ / CITY OF CRYSTAL, MINNESOTA RESOLUTION NO. RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE CITY OF NEW HOPE, MiNNESOTA OF REVENUE OBLIGATIONS TO FINANCE A PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 TFIROUGH 469.1655, AS AMENDED; APPROVING AND AUTFIORIZING TFIE EXECUTION OF A COOPERATIVE AGREEMENT; AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO BE IT RESOLVED by the City Council of the City of Ct-ystal, Minnesota (the "City"), as Section 1. Back r�ound. 1.01. Statutory Authorization. The City is authorized by Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), to issue revenue obligations to �nance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a "project," de�ned in the Act, in part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, or any combination of two or more such enterprises engaged in any business. 1.02. The Project. Homeward Bound, Inc., a Minnesota nonprofit corporation (the `Borrower"), owns and operates the following housing and care facilities for the disabled located at 4300 Lake Drive, Robbinsdale, Minnesota•, 3300 Fountain Lane, Plymouth, Minnesota; 315 Saratoga Lane North, Plymouth, Minnesota•, 13522 Sunset Trai1, Plymouth, Minnesota; 305 Althea Lane, Hopkins, Minnesota; 4213 Zealand Avenue North, New Hope, Minnesota; 3009 Atwood Avenue, Minnetonka, Minnesota; 4025 Jersey Avenue North, Crystal, Minnesota•, 3535 June Avenue North, Crystal, Minnesota; 5'720 43rd Avenue North, Crystal, Minnesota; 3529 Lee Avenue North, Crystal, Minnesota; 6809 36`n Avenue North, Crystal, Minnesota•, 4155 Webster Avenue South, St. Louis Park, Minnesota; 6452 Bluebird Circle, Maple Grove, Minnesota; 6769 East Fish Lake Road, Maple Grove, Minnesota; 7324 Noble Court, Brooklyn Park, Minnesota; '7839 Brooklyn Boulevard, Brooklyn Park, Minnesota; 1629 Independence Avenue North, Golden Valley, Minnesota (the "Existing Facilities"). The Borrower has determined to (i) refinance one or more loans made to fmance the Borrower's Existing Facilities; and (ii) finance the acquisition, construction, and equipping of a new housing and care facility to be located at 6615 Medicine Lake Road in Golden Valley, Minnesota (the "New Facility," and collectively with the Existing Facilities, the "Project"). 1.03. The Note. The Borrower has requested that the City of New Hope, 1Vlinnesota (the "City of New Hope") issue its Revenue Note (Homeward Bound Project), Series 2014 (the "Note"), in one or more series, in the aggregate principal amount not to exceed $3,400,000, and loan the proceeds derived from the sale of the Note to the Borrower (i) to finance the Project; and (ii) to pay the costs of issuance of the Note. The Note is proposed to be purchased by Bremer Bank, National Association, a national banking association (the "Lender"). 1.04. Joint Powers Authoritv. (a) Pursuant to Minnesota Statutes, Section 471,656, as amended, a city may issue obligations to finance the acquisition or improvement of property located outside of the corporate .. , � ... ., ..l. _ � , ..l. ■ / boundaries of such city if'the obligations are issued under a joint powers agreement in which one or more of the parties to the joint powers agreement issue sucl� obligations and the property is located entirely within the boundaxies of one or more of the parties to the joint powers agreement. (b) Pursuant to Minnesota Stat�utes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more cities may jointly or cooperatively exercise any power coinmon to the contracting parties or any si�nilar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. (c) The Cities of Golden Va11ey, Crystal, Robbinsdale, Plymouth, Hopkins, Minnetonka, St. Louis Park, Maple Grove, and Brooklyn Park, Minnesota (the "Participant Cities") and the City of New Hope are all authorized by the Act to issue revenue obligations to �nance the Project. The City of New Hope and the Participant Cities are proposing to enter into a Cooperative Agreement, to be dated on or after April 1, 2014 (the "Cooperative Agreement"), pursuant to which the Participant Cities, as host cities, will consent to the issuance of revenue obligations and the �nancing of the Project by the City of New Hope, and the City of New Hope will agree to issue such revenue obligations to finance the Project located in the Participant Cities. 1.05. P�ublic Hearin�. The City appointed Hennepin County, Minnesota (the "County") as the agent responsible for conducting a public hearing, in accordance with Section 5£ 103-2(d) of the Internal Revenue Code of 1986, as amended (the "Code"). On March 18, 2014, the Public Works, Energy & Environment Committee of the Board of Commissioners of the County conducted a public hearing (the "Public Hearing") on the Project and the issuance of the Note by the City of New Hope, notice of which (the "Public Notice") was published as required by Section 469.154, subdivision 4 of the Act, and Section 147(� of the Code, The Public Notice provided a general, functional description of the Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the owner of the Project, and the locations of the Project. The Public Notice was published in Finance & Commerce, the official newspaper of the County, in the Sun-Post, the official newspaper of the City and a newspaper of general circulation in the City, and in the Sta� Trihune, a newspaper of general circulation in the City, on a date at least fourteen (14) days before the meeting of the Public Works, Energy & Environment Committee on March 18, 2014. During the Public Hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Projeet and the proposed issuanee of the Note by the City of New Hope. Section 2. Approval of the Issuance of the Note by the City of New Ho�e. (a) The City hereby approves and authorizes the issuance by the City of New Hope of its Note to finance the Project. The Note will be issued under the terms of a resolution adopted by the City Council of City of New Hope on Mareh 10, 2014. The aggregate principal amount of the Note is presently estimated not to exeeed $3,400,000. Proeeeds of the Note will be used to finanee the Projeet and pay the costs of issuance of the Note. (b) The proceeds derived from the sale of the Note will be loanecl by the City of New Hope to the Borrower pursuant to the terms of a Loan Agreement, to be dated on or after April 1, 2014 (the "Loan Agreement"), between the City of New Hope and the Borrower, and will be disbursed pursuant to the Loan Agreement. (c) The Note is to be issued pursuant to authority conferred by the Act. The Note wi11 constitute an obligation secured solely by revenues derived from the operation of the Project and other .. , � ... ., ..l. _ � , ..l. ■ / security provided by the Borrower. The Note will neither constitute a general or moral obligation of the City of New Hope, the Participant Cities, or the County nor be secured by any taxing power of the Ci1y of New Hope, the Participant Cities, or the County. (d) The City has determined that it is desirable, feasible, and consistent with the objectives and purposes of the Act, and it is in the best interest of the City, to approve the issuance of the Note by the City of New Hope to provide financing for the Project and payment of costs of issuance of the Note. Section 3. Cooperative A�reement. The Mayor and the City Manager, or their designees (together, the "City Of�cials"), are hereby authorized and directed to execute the Cooperative Agreement, and when executed and delivered as authorized herein, the Cooperative Agreement shall be deemed to be a part of this resolution as fuily and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Cooperative Agreement shall be substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not inaterially inconsistent with such forms and as the City Officials, in their discretion, shall determine; provided that the execution thereof by the Ci1y Officials shall be conclusive evidence of such determination. Section 4. Documents Furnished to Bond Counsel. The City Officials and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the Lender certified copies of all proceedings and records of the City relating to the approval of the issuance of the Note, including a certification of this resolution. Such officers, employees, and agents are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Lender, or other persons or entities in conjunction with the issuance of the Note. Without imposing any limitation on the scope of the preceding sentence, such officers, employees, and agents are specifically authorized to execute and deliver a general certificate of the City. Section 5. Costs. The Borrower will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution and the Cooperative Agreement. Section 6. Effective Date. This resol�ution shall be in full force and effect from and after its approval. Approved by the City Council of the City of Crystal, Minnesota thi s 18th day of March, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist Second Draft March 11, 2014 COOPERATIVE AGREEMENT .. , � ... ., ..l. _ � , ..l. ■ / THIS COOPERATIVE AGREEMENT, dated as of April 1, 2014 (the "Cooperative Agreement"), is made and entered into between the CITY OF GOLDEN VALLEY, MINNESOTA, a political subdivision of the State of Minnesota (the "City of Golden Valley"), the CITY OF CRYSTAL, MI7�TNESOTA, a political subdivision of the State of Minnesota (the "City of Crystal"), the CITY OF ROBBINSDALE, MI7�TNESOTA, a political subdivision of the State of Minnesota (the "City of Robbinsdale"), the CITY OF PLYMOUTH, MINNESOTA, a political subdivision of the State of Minnesota (the "City of Plymouth"), the CITY OF HOPKINS, MINNESOTA, a political subdivision of the State of Minnesota (the "City of Hopkins"), the CITY OF MINNETONKA, MINNESOTA, a political subdivision of the State of Minnesota (the "City of Minnetonka"), the CITY OF ST. LOUIS PARK, MINNESOTA, a political subdivision of the State of Minnesota (the "City of St. Louis Park"), the CITY OF MAPLE GROVE, MINNESOTA, a political subdivision of the State of Minnesota (the "City of Maple Grove"), the CITY OF BROOKLYN PARK, MINNESOTA, a political subdivision of the State of Minnesota (the "City of Brooklyn Park," and collectively with the City of Golden Valley, the City of Crystal, the City of Robbinsdale, the City of Plymouth, the City of Hopkins, the City of Minnetonka, the City of St. Louis Park, and the City of Maple Grove, the "Participant Cities"), and the CITY OF NEW HOPE, MI7�TNESOTA, a political subdivision of the State of Minnesota (the "Issuer City"). RECITALS WHEREAS, Homeward Bound, Inc., a Minnesota nonprofit corporation (the `Borrower"), has proposed that the Issuer City issue one or more series of revenue obligations to (i) refinance one or more loans made to finance the Borrower's existing housing and care facilities for the disabled located at 4300 Lake Drive, Robbinsdale, Minnesota; 3300 Fountain Lane, Plymouth, Minnesota; 315 Saratoga Lane North, Plymouth, Minnesota; 13522 Sunset Trail, Plymouth, Minnesota; 305 Althea Lane, Hopkins, Minnesota; 4213 Zealand Avenue North, New Hope, Minnesota; 3009 Atwood Avenue, Minnetonka, Minnesota; 4025 Jersey Avenue North, Crystal, Minnesota; 3535 June Avenue North, Crystal, Minnesota; 5720 43rd Avenue North, Crystal, Minnesota; 3529 Lee Avenue Narth, Crystal, Min.nesota; 6809 36t1i Avenue North, Crystal, Minnesota; 4155 Webster Avenue South, St. Louis Park, Minnesota; 6452 Bluebird Circle, Maple Grove, Minnesota; 6769 East Fish Lake Road, Maple Grove, Minnesota; 7324 Noble Court, Brooklyn Park, Minnesota; 7839 Brooklyn Boulevard, Brooklyn Park, Minnesota; and 1629 Independence Avenue North, Golden Valley, Minnesota (the "Existing Facilities"); and (ii) finance the acquisition, construction, and equipping of a new housing and care facility to be located at 6615 Medicine Lake Road in Golden Valley, Minnesota (the "New Facility," and collectively with the Existing Facilities, the "Project"); and WHEREAS, pursuant to Minnesota Statutes, Section 471.656, as amended, a municipality may issue obiigations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement in which one or more of the parties to the joint powers agreement issue such obligations and the property is located entirely within the boundaries of one or more of the parties to the joint powers agreement; and .. , � ... ., ..l. _ � , ..l. ■ / WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised, and the joint powers agreement may provide for the exercise of such powers by one or mare of the participating governmental units on behalf of the other participating units; and WHEREAS, the Participant Cities and the Issuer City are authorized by Minnesota Statutes, Sections 469.152 through 4691655, as amended (the "Act"), to issue revenue obligations to finance the acquisition, construction, reconstruction, improvement, betterment, or extension of a"project," defined in the Act, in part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, or any combination of two or more such enterprises engaged in any business; and WHEREAS, the Participant Cities and the Issuer City are proposing to enter into this Cooperative Agreement pursuant to which the Participant Cities will consent to the issuance of such revenue obligations and the financing of the Project by the Issuer City, and the Issuer City will agree to issue such revenue obligations to finance the Project; and WHEREAS, the revenue obligations proposed to be issued by the Issuer City for the benefit of the Barrower shall not constitute general ar moral obligations of, or pledge the full faith and credit or taxing powers of, the Participant Cities, the Issuer City, Hennepin County, Minnesota (the "County"), the State of Minnesota (the "State"), or any other agency or political subdivision thereof, but shall be payable solely from the revenues pledged and assigned thereto pursuant to one or more agreements between the Issuer City and the Borrower; and WHEREAS, the governing bodies of the Participant Cities and the governing body of the Issuer City have authorized the execution and delivery of this Cooperative Agreement; and NOW, THEREFORE, the Participant Cities and the Issuer City hereby agree as follows: l. The Issuer City shall issue its Revenue Note (Homeward Bound Project), Series 2014 (the `�ote"), in one or mare series, in the original aggregate principal amount of $3,400,000. The Note will be issuecl under the terms of a resolution adopted by the City Council of the Issuer City on March 10, 2014 (the "Resolution"). Proceeds of the Note will be used to (i) finance the Project; and (ii) pay costs of issuance of the Note. 2. On March 10, 2014, the City Council of the Issuer City conducted a public hearing with respect to the Project. Pursuant to Section 5£103-2(d) of the Internal Revenue Code of 1986, as amendecl (the "Code"), on March 18, 2014, the Public Works, Energy & Environment Committee of the Boarcl of Commissioners of Hennepin County, Minnesota (the "County"), as the appointecl agent of the Participant Cities, conducted a public hearing on behalf of the Participant Cities with respect to the Project. 3. The Participant Cities and the Issuer City have all adopted a resolution approving this Cooperative Agreement and authorizing its execution and delivery. 4. The Participant Cities hereby consent to and approve: (a) the issuance of the Note by the Issuer City; and (b) the financing of the Project by the Issuer City with the proceeds of the Note to be issued by the Issuer City. .. , � ... ., ..l. _ � , ..l. ■ / 5. Except to the extent speci�cally provided herein, the Participant Cities and the Issuer City shall not incur any obligations or liabilities to each other as a result of the issuance of the Note. The Note shaii be a special, limited obligation of the Issuer City payable solely from proceeds, revenues, and other amounts specifically pledged to the payment of the Note. The Note and the interest thereon shall not constitute or give rise to a pecuniary liability, general or moral obligation, or a pledge of the fu11 faith and credit or taxing powers of the Participant Cities, the Issuer City, the County, the State, or any political subdivision of the above, within the meaning of any constitutional or statutory provisions. 6. All costs incurred by the Participant Cities and the Issuer City in the authorization, execution, delivery, and performance of this Cooperative Agreement and all related transactions shall be paid by the Borrower. This Cooperative Agreement may not be terminated by any party so long as the Note is outstanding. 8 This Cooperative Agreement may be amended by the Participant Cities and the Issuer City at any time. No amendment may impair the rights of the Borrower or the holder of the Note. 9. This Cooperative Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. (The remainder of this page is intentionally left blank.) .. , � ... ., ..l. _ � , ..l. ■ / IN WITNESS WHEREOF, duly authorized officers of the Participant Cities and the Issuer City have executed this Cooperative Agreement as of the date and year first written above. CITY OF GOLDEN VALLEY, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Crystal, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF CRYSTAL, MINNESOTA, as a Participant City By Its Mayor By Its Assistant City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Robbinsdale, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF ROBBINSDALE, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Plymouth, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF PLYMOUTA, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Hopkins, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF HOPKINS, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Minnetonka, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF MINNETONKA, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of St. Louis Park, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF ST. LOUIS PARK, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Maple Grove, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF MAPLE GROVE, MINNESOTA, as a Participant City By Its Mayor By Its City Administrator .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of Brooklyn Park, as a Participant City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF BROOKLYN PARK, MINNESOTA, as a Participant City By Its Mayor By Its City Manager .. , � ... ., ..l. _ � , ..l. ■ / Execution page of the City of New Hope, as Issuer City, to the Cooperative Agreement, dated as of the date and year first written above. CITY OF NEW HOPE, MINNESOTA, as Issuer City By Its Mayor By Its City Manager RE(iULAR A(iE�DA � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... COUNCIL STAFF REPORT CITYof proposed Hearinq on Allev Proiect CRYSTAL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for March 18 City Council Meeting) DATE: March 13, 2014 RE: Accept Feasibility Report and Order Public Hearing for 2014 Alley Construction, Project #2014-07 INTRODUCTION AND BACKGROUND The feasibility report for the 2014 Alley Reconstruction Project has been completed. The location map is attached. This year's project includes the alleys located between and parallel to Xenia and Welcome Avenues, and bounded by 43`d and 44th Avenues, between and parallel to Welcome and Vera Cruz Avenues, and bounded by 44th and 46t" Avenues and between and parallel to Zane and Xenia Avenues, and bounded 46tn and 47t" Avenues, all in the Welcome Park Neighborhood It is proposed to construct twelve foot wide concrete alleys in the same fashion as was done in the previous seven 2007 - 2013 projects. DISCUSSION A neighborhood meeting was held Thursday, February 27 at City Hall. Sixty-eight notices were mailed to the affected properties. Nine parcels were represented at the meeting. The questions and comments of the residents were all positive and constructive. No one voiced opposition to the project. If the Council adopts the attached resolution accepting the feasibility study and ordering the public improvement hearing, the hearing to order the project would be held at the May, 6 Council meeting. The total estimated cost of the project is $204,000. The intent is to use Chapter 429 of the State Statutes to special assess a portion of the project cost to the benefiting property owners. As done with the previous projects, the cost would be paid by a 60% assessment to the benefitting property owners and a 40% contribution from the Storm Drain Utility Fund. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Unlike the street projects, the public hearing on the assessments wili be conducted this fall once the project is complete. The main reason for this is the construction cost is very small so it will not be necessary to bond to cover the project costs. With the proposed schedule, there will still be time to have the special assessment public hearing in order to get the assessments on the 2015 tax rolls. DRIVEWAY and SANITARY SEWER SERVICE REPAIR As with the previous alley and street projects, the property owner will be able to participate in a driveway reconstruction and or sanitary sewer service repair program, provided that the sewer connection to the main is located under the alley being constructed. The additional costs can be special assessed along with the alley cost. FINANCIAL IMPACT The project cost will be paid by a 60% special assessment to the benefiting property owners and a 40% contribution from the Storm Drain Utility Fund. The estimated unit assessment is $1,800 per single/duplex residence to be assessed over a ten year period. There is no impact on the General Fund. RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the feasibility study and ordering the public improvement hearing for the 2014 Alley Construction Project #2014-07. Re ectfully su mitted, Thomas A. Ma hisen City Engineer I: pubworks/projects/2014/alleyrecons/orderprjcthrngmem 14 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... RESOLUTION NO. 2014 — RECEIVE 2014 ALLEY CONSTRUCTION FEASIBILITY REPORT AND ORDER HEARING ON IMPROVEMENT PROJECT #2014-07 WHEREAS, a feasibility report dated March 3, 2014 has been prepared by the Engineering Department with reference to the improvements of the rights of way for the the a]leys located between and parallel to Xenia and Welcome Avenues, and bounded by 43rd and 44th Avenues, between and parallel to Welcome and Vera Cruz Avenues, and bounded by 44�h and 46th Avenues and between and parallel to Zane and Xenia Avenues, and bounded 46th and 47t1i Avenues, and this report was received by the Council on today's date, March l 8, 2014. NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council: 1) The Counci] will consider the improvements for such alleys in accordance with the report and the assessment of abutting property for all or a portion of the cost of improvements pursuant to 1VLinnesota Statutes Chapter 429 at an estimated total cost of the improvement of $204,000. 2) A public hearing shall be held on such proposed improvements on the 6th day of May, 2014 in the Council Chambers of City Hall at 7:00 p.m., or as soon thereafter as the matter may be heard, and the clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Crystal City Council this 18th day of March, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist I:Pubwarks/projects/2014/alleycons/orderhearinglres2014 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... FEASIBILITY REPORT FOR 2014 ALLEY CONSTRUCTION PROJECT PROJECT 2014-07 MARCH 3, 2014 The alleys located between and parallel to Xenia and Welcome Avenues, and bounded by 43`a and 44t" Avenues, between and parallel to Welcome and Vera Cruz Avenues, and bounded by 44`h and 46th Avenues and between and parallel to Zane and Xenia Avenues, and bounded 46`n and 47t" Avenues, all in the Welcome Park Neighborhood, currently have sand and gravel or are of deteriorating bituminous surfacing. This project will be the eighth since the City's alley reconstruction program was adopted in 2006. Previous alley projects reconstructed and upgraded four sand and gravel alleys and four deteriorated bituminous alleys in the Welcome Park Neighborhood (Phase 10), three deteriorated bituminous alleys in the Forest North Neighborhood (Phase 12), and seven deteriorated bituminous alleys in the Lee Park Neighborhood (Phase 5) to concrete surfacing. The existing bituminous surfaces that were placed in the ear1y1970's have deteriorated to a point beyond their useful life. This is due to age, soil conditions, poor drainage, and heavy loading caused by garbage trucks and other large vehicles. The uneven surfaces cause birdbaths to form that freeze, creating icy conditions in the winter. The alley parallel to and between Zane and Xenia Avenues, and bounded 46t" and 47t" has never been hard surfaced. The alleys are a continual maintenance problem requiring regular attention from the Street Maintenance Department. The local drainage is fair to poor, and abutting property owners have little incentive to update and pave their driveways. In order to provide a durable year round surface, in 2006 the City established an Alley Reconstruction Program. The program anticipates rebuilding all the alleys in the City over a ten year period. The proposed "V" concrete pavement section will provide a long and maintenance free life and acts as a storm water drainage conduit to the adjoining street intersections or to new or existing storm sewer. The adopted policy is to special assess 60% of the project cost, with the remaining 40% to be paid by the Storm Drain Utility Fund. The proposed project is consistent with the adopted policy and program. The project area is shown on the attached map. The estimated cost is $ 204,000.00 Since 1995, the City of Crystal has determined benefit to single family lots for local street reconstruction on a unit basis instead of by the front foot of each abutting property. The established policy for alley construction uses the same per lot (unit) basis for the 68 benefiting residential properties. There are no commercial properties affected by this work. In addition, using the same street reconstruction model, all abutting parcels will be assessed without consideration as to where the driveway access is from, be it the street or the alley. All properties are considered to have benefit from the improved alley, even if their driveway access is from the local street. By assessing only 60% of the total cost on a per lot basis, the study cost and benefit analysis shows an estimated assessment cost of $1800 for each of the 68 residential parcels. Based on this cost, it is determined that the project is both feasible and provides appropriate benefit to the assessed properties. Assessments for alley construction are levied over a ten year term. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... No change in the policy is recommended for 2014. The assessment for each unit is calculated by dividing the total project cost (less commercial property assessments) by the number of units. Using the above-noted assessment approach and the proposed concrete construction detail, the project cost breakdown is on the following page. 1: /pubworks/projects/2014/alleycons/alleyfeasrprt2014 REGULAR AGENDA #1 12/9/13 2014 ALLEY CONSTRUCTION PROJECT 2014-07 Alleys B, C, D& E Estimated Cost and Proposed Assessment Calculations (60/40) Estimated Project Cost Less Other City Contributions Less City of Crystal Contributions (40% Storm Drain Utility Fund) Total Project Cost to be Assessed Total Assessable Alley Front Footage Assessable Cost per Front Foot Total Assessable Alley Footage (Non Single Family) Assessable Cost per Alley Foot Non Single Family Footage to be Assessed Non Single Family Assessment (0) Residential Amount to be Assessed Total Residential Lot Units Assessment Residential Alley Unit Assessment Rate $122,418.00 /68 * Note - In 2013 the Residential Alley Unit Assessment was $1489.11/unit Prepared by Crystal Engineering Department Date: Mick Cyert Project Manager Thomas Mathisen City Engineer i:/pubworks/proejcts/2013/Alleyrecon?Assessmentcalc20146aIleyBCDE $204,030.00 $ - $ 81,612.00 $122,418.00 4,299 ft. $28.48 /ft. 0.00 ft. $0.00 /ft. 0.00 ft. $0.00 $122,418.00 68 $1,800.26 /unit Date: � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... COUNCIL STAFF REPORT c`TY�` 2014 Waste Water System Sanitary Forcemain CRYSTAL CIPP Lininq Proiect FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for March 18 Council Meeting) DATE: March 13, 2014 RE: Approve Plans and Specifications, Order Ad for Bids — Waste Water System Sanitary Forcemain CIPP Lining Project #2013-08 As part of the ongoing rehabilitation of the City's sanitary sewer infrastructure, there is $650,000 budgeted in the 2014 CIP for this work. The project is located in the Becker Park Neighborhood, Phase 4 Street Reconstruction Project area. The 16" cast iron pipe (CIP) sanitary forcemain to be lined runs from the south lift station located at Becker Park on 32"d Avenue up Zane Avenue to 36th Avenue where it discharges into the gravity system at Adair Avenue. This area of sanitary sewer is circa 1955 (see attached location map). This 16" pipe ruptured in 2002. Fortunately the spill was readily contained and bypass pumping was set up and repairs made before any major sewage backups occurred. The Cured In Place Pipe (CIPP) process to be used for this project will be similar to that used in the 2013 - Winnetka Hills Neighborhood watermain lining project. The difference being the need to bypass pump the sewage flow around the section of pipe being worked on. It is a very cost effective and an efficient way to rehabilitate old sewer lines without the expense and disruptions to the neighborhood of open trenching. The plans and specifications have been prepared by the Engineering Department, and it is recommended that the Council adopt the attached resolution, approving them and ordering the advertisement for bids. The estimated cost of the work is $645,000. Work is scheduled to be completed by December, 2014. Re ectfully m'tt d, 1`homas A. Mathisen City Engineer I:/pubworks/projects/2013/2013-08 CIPP southliftstationLining/orderadmem2014 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... RESOLUTION NO. 2014 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING AD FOR BIDS - PROJECT NO. 2013-08 WASTE WATER SYSTEM SANITARY FORCEMAIN CIPP �INING WHEREAS, the City Manager's office has reviewed and recommends approval of said project and appropriation; and WHEREAS, there are adequate funds budgeted in the 2014 Sewer Enterprise Fund CIP (#6510 -$650,000) to cover the cost; and WHEREAS, the City Council hereby acknowledges the maintenance of city infrastructure represents a benefit to the City and is consistent with the City's long range goals, programs and policies; and WHEREAS, plans and specifications for the project located on Zane Avenue in the Becker Park Phase 4 Street Reconstruction Project area, have been prepared by the Engineering Department and the estimated cost is $645,000. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the plans and specifications for the 16-inch Forcemain Cured In Place Pipe (CIPP) lining project and orders the advertisement for bids. Adopted by the Crystal City Council this 18th day of March, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist I;pubworks/projects/2013/2013-08/southliftstation CIPP Lining/orderadres � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. �"-x �t M@11101"ai�dUl'il ��sx�� DATE: March 13, 2014 TO: Mayor and City Council FROM: Kim Therres, Assistant City Manager/Human Resources Manager SUBJECT: Amending Section 940 of City Code - Firearms on City Property Last year staff reviewed Chapter IX of the City Code regarding Public Safety to update the Code to reflect current State law, One section, Section 940, regarding firearms on city property, was inadvertently overlooked . Attached is an ordinance amending Section 940 to be consistent with State law. RECOMMENDATItJN: Recommend approval of the second reading of the ordinance amending Section 940 of the City Code. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. ORDINANCE NO. 2014 - 02 AN ORDINANCE RELATING TO CHAPTER IX PUBLIC SAFETY: REVISING SECTION 940 CIVIL DISORDER The City of Crystal Does Ordain: Section 1. Section 940.09. Management of city property of the Crystal city code, is amending by deleting this section in its entirety, Section. 2. This ordinance is effective in accordance with Crystal City code, subsection 110.11. Jim Adams, Mayor � al Van Kreve en, ssessmg ustomer ervlce pecia lst First Reading: March 4, 2014 Second Reading: March 18, 2014 Publication: March 27, 2014 Effective Date: Apri126, 2014 4401 1'7v1 M'I'N CR205-30 � 1 � 1 1 . I .\... ....! \ .•.. _ � . .!. ■ ... CITY OF CRYSTA� RESO�UTION NO. 2014 - .. � � �� . �� .,.. �. .. � ...�� .� . WHEREAS, Rick Rauen has been employed by the City of Crystal as Parks Superintendent since May 8, 2000; and WHEREAS, throughout his career with the City, Rick has worked tirelessly with the City Parks Commission, Recreation Department, and Crystal Frolics, and been instrumental in the continual maintenance of the City's extensive parks and trail systems, including park buildings, playgrounds, ball fields, and all the other aspects of parks operations; and WHEREAS, during his tenure, many improvements were made to the City's parks and recreation facilities including a new city pool, the construction of a skate park, dog park, community vegetable gardens, new MAC Park boardwalks and bridge, the Twin �ake Trail, six public property rain gardens, a boardwalk, stairways, and trail around Bassett Creek Park Nature Preserve, multiple permanent lighted hockey rinks; two sliding hills, an irrigated soccer field, a memorial garden, and many other new and improved facilities; and WHEREAS, Parks Superintendent Rick Rauen is retiring from the City of Crystal March 28, 2014, and has provided outstanding service to the City and its residents for almost 14 years. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that on behalf of the City Council, City Staff, and Citizens of Crystal, Park Superintendent Rick Rauen is hereby thanked for his dedication, commitment and hard work with and for the Crystal Parks Department. Dated this March 18, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • SPECIAL MEETING • TUESDAY, MARCH 18, 2014 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 March 4, 2014 regular meeting and work session * 4. PUBLIC HEARING: Consider a resolution authorizing the sale of a lot at 5335 Corvallis Avenue North to Novak-Fleck for construction of a new house * 5. Consider a resolution approving Third Amendment to the Contract for Private Redevelopment with Crystal Leased Housing Associates I, Limited Partnership [Dominium entity for The Cavanagh Senior Apartments] * 6. Other business 7. Adjournment * Materials attached 03/11/14 G:\EDA�Agendas\2014\03.18.docx Minutes of the Crystal Economic Development Authority Regular Meeting March 4, 2014 President Deshler called the regular meeting of the Crystal Economic Development Authority to order at 6:49 p.m. Upon call of the roll, the following members wer•e present: Jim Adams, John Budziszewski, Julie Deshler, Mark Hoffmann, Laura Libby, Casey Peak and Joe Selton. The following staff inembers were present: Anne Norris, Executive Director; Patrick Peters, Deputy Executive Director; John Sutter, City Planner/Assistant Community Development Director; and Troy Gilchrist, City Attorney. Motion by Commissioner Budziszewski (Adams) to approve the minutes from the February 18, 2014 special meeting. Motion carried. The EDA considered tentative acceptance of a proposal from Novak-Fleck to purchase a lot at 5335 Corvallis Avenue North for construction of a new house. Motion by Commissioner Budziszewski (Adams) to tentatively accept a proposal fi•om Novak- Fleck to purchase a lot at 5335 Corvallis Avenue North for construction of a new house. Motion carried. Motion by President Deshler (Budziszewski) to adjourn the r•egular meeting. Motion carried. The meeting adjourned at 6:56 p.m. Julie Deshler, President ATTEST: Mark Hoffmann, Vice President Minutes of the Crystal Economic Development Authority Work Session March 4, 2014 President Deshler called the work session of the Crystal Economic Development Authority to order at 6:15 p.m. Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Julie Deshler, Mark Hoffmaml, Laura Libby, Casey Peak and Joe Selton. The following staff inembers were present: Anne Norris, Executive Director; Patrick Peters, Deputy Executive Director; John Sutter, Assistant Community Development Director/City Planner; Martha Ingram, EDA Attorney. The EDA discussed the request from Dominium for• extensions to the timeline for closing, commencement of construction and completion of minimum improvements. The EDA also considered requiring an increased earnest money deposit as a performance guarantee. The work session adjourned at 6:32 p.m. Julie Deshler, Pz•esident ATTEST: Mark Hoffmann, Vice President _ . _. CITY'of ;CRYSTAL EDA STAFF REPORT PUBLIC HEARING 5335 Corvallis — Sale of Lot to Novak-Fleck FROM: John Sutter, City Planner/Assistant Community Development Director ��.r.-� DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: TO: March 12, 2014 Anne Norris, Executive Director (for March 18, 2014 EDA meeting) SUBJECT: PUBLIC HEARING: Consider a resolution authorizing the sale of lot at 5335 Corvallis Avenue North to Novak-Fleck for construction of a new house On March 4 the EDA tentatively accepted a proposal from Novak-Fleck to purchase the lot at 5335 Corvallis Avenue North for $50,000. Novak-Fleck has a Minnesota Residential Building Contractor license with no enforcement actions. The house would be a split entry with an attached three car garage. It would have 1,401 sq. ft. on the upper level, with an open living-dining-kitchen area, three bedrooms and two bathrooms. It would also have 1,288 unfinished sq. ft. on the lower level, which could be finished in the future with two bedrooms, a bathroom, laundry room and very large family room. The size and floor plan would be very similar to the house built at 3548 Welcome, but garage-left instead of 3548's garage-right plan, and with a three-car garage instead of 3548's two-car. The proposal meets city code including zoning, and also is in conformance with the EDA's lot sale guidelines. Lot sale closing and construction start are anticipated by the end of March, with house completion in summer 2014. The builder has a buyer for the house. The proposed resolution, 2012 aerial photo, site sketch and house plan are attached. REQUESTED EDA ACTION: After holding the public hearing and receiving any testimony, consider adopting the attached resolution authorizing the property sale. Page 1 of 1 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING THE SALE OF 5335 CORVALLIS AVENUE NORTH FOR NEW HOUSE CONSTRUCTION WHEREAS, the Economic Development Authority of the City of Crystai ("the EDA") is the owner of 5335 Corvallis Avenue North, legally described as Lot 1, Block 1, Crystal Economic Development Authority Fifth Addition, Hennepin County, Minnesota ("the Property"); and WHEREAS, the EDA has solicited proposals from builders who desire to purchase the Property from the EDA and construct thereon a new single family house; and WHEREAS, the EDA has reviewed and accepted the proposal from Novak-Fleck. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the sale of the Property to Novak-Fleck. BE IT FURTHER RESOLVED that the sale shall be completed in accordance with the terms of the Purchase and Redevelopment Agreement in substantially the form on file in City Hall, and that the President and Deputy Executive Director are hereby authorized to sign said Agreement and other documents required to complete the sale of the Property to Novak-Fleck. Adopted this day of Julie Deshler, President Patrick Peters, Deputy Executive Director �y� concre� �� metil acc cover x�72�'9 COR I/ALLIS A V�NU� 11�. s�� N 89°59'03" E 124.34 � 872.38 18�cc+Y� c�l' „� L � . a�a.as . _ rf1p�[� 872.5 � ,.� (,�o ....'" �j/ rwalr.ut /O' O � .. N ��✓ 873.I 4 • N• — -------- ---- — --- — - .. ----- ��[ � • 4� 1--------- - 873. if' I ��•� ` � . � •, � . 1 �e 36 � i � o � 873.9 I �' � oak �� 8 4.2 ; � ,� . 573.2 � ti 5 � .$ , �` y � 9' � �� _ \�\` � - 872.9 ��,' '`a.' � r s� �- y � �` � � .. �-•. � �� :..� �. ,o .� , , , , G � � Y, \ �_ ,� i o „ _ o� � 1 N p .` ': ` . ' � � tN+� . �,,. \ y \ �' , � 1 o � � b�e 2 • � ,�872J 1 � 872.8 :;m� �� O � ( � map/e 33' � � � '` 872.8 � ' � � � o � f � �.. . � j� \�, � � / � � x . • � I � � 872.34 � � � 9- . .. � ( / \ .... - �I -� - G --- • ---�----------- —PowerP... _ tree 2' o' \\ 872.3 w/anchq • 2.4 872.4 I � � � syruce /B' � � � *q � 873.2 � �"� � i . ! ! ' •'. cy� � r ,S � o r � �c`., . N \ � �S� � i i �? / � ''� S `�, : "'� � _ � l� � � / � I � r ► �t�d �,' ``�'f �\\ � 1 �'' . � \ .,�, ' •. �► � r_ N � : � 3 Z ' ' � 871.96 � � : Qs � 872.6 � �R `------------ --- - a-- ----- \ trca l� � • s�2.z � � � '� �. 33.n . N r • � � � : �, 113.n .... ..�� ------ r` ..� .� `------------------- � � �� `� . - p ` -� � �n� . / rnn=87l.B4 ♦ 0� �� 872.3 L.� �rtv�864.34 � � � � ��o � �` . � �, . ` � • �- `� ` , ,r ,�C7�. \ 11 �'�'��;G': �. � FLOOR PLAN a -- �. """• � � �� Fa 0 U � m K a 0 c� � 1� 1 �! r �. � J;►� � t 4 ��► � %�. � � � K^ a 0 U m� aurri ►oi r tic 1.V�5CC�lIml�OQ RLT� �,�r�� n ��.�� YIK aCl!!Id►M IO�Zp s�� ro�rvn irt rrr. ew. ia,a ner. �ne rnx ie.ee ��.� �� „� �Y � � �� 706 S'Ili'?S IM OG. �706 7ltiS�. ll.ATL' iV ANC.dl� 6' OA. MAX t Gb b%4 11.K s aa �x• er.x �oor va+ro �e �nv •��:,a: AS ) � � r �� • !6 PQ.Y V/1l1JIC dqO�l - RIDGltCQMGT101lIfSM BUiLDING SEC7.`ION scxr� �u»�.rvo� � w tNze� ss� oc. • Q.n �+ 7S.S ( � DlfNii '3 Gt� CY SK R16fD M�I�. ItdO ��• �,�_ / RO01�+ � IC��RL� EDA STAFF REPORT ��Y'°f Resolution approving Third Amendment to Contract for CRYSTAL Private Redevelopment for The Cavana�h Senior Apartments FROM: Patrick A. Peters, EDA Deputy Executive Director TO: Anne Norris, Executive Director (for March 18, 2014, EDA Meeting) DATE: March 10, 2014 RE: Consider a resolution approving Third Amendment to Contract for Private Redevelopment with Crystal Leased Housing Associates I, Limited Partnership [a Dominium Entity] BACKGROUND ■ 12/18/12 — EDA approved a resolution authorizing execution of a Contract for Private Redevelopment (CPR) and sale of Lot 1, Block 1, Cavanagh Park Addition to Crystal Leased Housing Associates I, Limited Partnership [a Dominium Entity]. That agreement provided for closing by 9/30/13, commencement of construction by 11/30/13, and completion by 2/28/15. ■ 10/1/13 — EDA approved a resolution approving the First Amendment to the CPR to redefine the project as a 4-story building, modify the zoning to R-3 Planned Development, and revise the closing date on the property sale to 12/31/13. ■ 11/19/13 — EDA approved a Second Amendment to the CPR acknowledging changes to the schedules for closing and construction due to Dominium's bond financing difficulties. The Amendment contemplated closing on the sale of the property to Dominium by 3/31/14, commencement of construction by 5/31/14, and completion of construction by 8/31/15. DISCUSSION In a letter dated 2/27/14, Dominium requested extensions to the project timeline so they could rebid the construction. The extensions requested are: closing on the sale by 6/30/14, commencement of construction by 7/31/14, and completion of construction by 10/31/15. The EDA discussed this request at its 3/14 work session. It was the consensus of the Commissioners that a Third Amendment be drafted to accommodate the requested extension to the performance deadlines but that a 10%, nonrefundable, earnest money deposit ($109,431) be required as a performance guarantee. Subsequent to that meeting, the EDA's attorney prepared a draft of a Third Amendment for review by Dominium representatives. Dominium took issue with the EDA's proposed 10%, nonrefundable, earnest money provision and instead stated their preference for a 3% deposit ($27,829.42). They also asked that 50% of the deposit be refundable if the contract is terminated prior to May l, 2014. EDA staff, attorney and financial advisor: a) echo the EDA's endorsement of the extended timeline requested by Dominium; and b) support the EDA's requirement for an earnest money deposit in the amount of $109,431 (10% of the agreed to purchase price). However, we also think it is reasonable to allow for a refund of 50% of the earnest money deposit if the contract is terminated prior to May 1. The net result is that half of the earnest money deposit ($54,715) is non- refundable, and that portion of the deposit will be applied to the purchase price at closing. These are the provisions that have been incorporated into the Third Amendment for your consideration on March 18. The balance of the provisions of the original CPR remain as originally approved except as modified by the First and Second Amendments. RECOMMENDATION Staff requests EDA consideration of a Resolution approving the Third Amendment to the Contract for Private Redevelopment with Crystal Leased Housing Associates I, Limited Partnership. EXHIBITS A. Dominium extension request letter dated February 27, 2014 B. Resolution C. Agreement �,%r �`:': ,i=.�1�:% Ll�:�.i �V1WL�A�IYd�;: Mr. Patrick Peters Community llevetopment Directo�� City of Crystal 4141 I)ouglas Drive North Ciystal, MN 55422-1696 RE: The Cavanagll Redevelo��nei2t Land Request Fo�� Cxtensions Dear Mr. Peiecs I�ebruary 27, 2014 1 a.m writing today to formally request some extensions with respect to dates outlined in the cui�rent Contract for Private itedeveiopment bet��een the Ecoilomic Development Authority of the City of Crystal (EDA} and Ccystal Leased Housii�g Associates I, Limited Partnersk�ip. We recently had an unailticipated update fi�om tlle selected general contractor that t{ae coiistruction costs wotild be in excess of $1,500,000 higher than the original bid number pl•ovided for our underwriting purposes. This news came with rlo adva�7ced �varnil�g and it comes as a sur}�risu to us as this contractac is currently under construction on the sister propeirty to the Cavanagh Apartments tocated in the City of �t. Anthony, at a signiCicantly (ower cost. At this time we have the project plans out to bid witl3 another contractor that we feel will be able to get these construction costs more in line with what is required to close. Dominium has more than $500,000 investecl into the pianned ctevelopment and bond costs associated with The Cavanagh at this point in time. i�a addition, ��e have term sheets irom the equity and ctebt providecs for this project. With this unexpected turn of events, we respec;tf'ully request the following revisior�s to the Contiact for Private Redevelopment: Event Current Date Rec uested Date Closing Date March 3l, 2014 June 30, 2014 Construction Cominencement May 31, 2014 July 31, 2014 I�9inim�nn Improvetnents August 3l, 20:15 October 31, 2015 We do �lot expect to need all the requested time however; given tlie circumstances we are respectfully requesting enough time to accommodate the required negotiations with a nev�� general cantractoc. Dorninium wou(d be available to discuss this request in person witl� tl-�e Board oP Commissioners oPthe CDA anci City Siaff if you would lil<e. Sincerely, � � j�: / ��`�C � � Ron Mehl Se»ior Develop�r '�i0; VoctLica>t Bh d. Suire i�0 � Ph'�uuutli. `,It� �ia-ll-'G-I 1• C orpural�� .'G:: ;i.}_j;pp � 1=� �, 7li; ;;_t_;;19 . R eb ilomininmapartme»u.com Exhibit A ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL RESOLUTION NO. RESOLUTION APPROVING THIRD AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT WITH CRYSTAL LEASED HOUSING ASSOCIATES I, LIMITED PARTNERHSIP BE IT RESOLVED BY the Board of Commissioners (the "Board") of the Economic Development Authority of the City of Crystal (the "Authority") as follows: Section 1. Back�round. 1.01. The City of Crystal (the "City") and the Authority have heretofore approved the establishment of Tax Increment Financing District No. 4(the "TIF District") within Redevelopment Project No. 1(the "Project"), and have adopted a tax increment financing plan for the TIF District to finance certain improvements within the Proj ect. 1.02. The Authority previously entered into a Contract for Private Redevelopment dated as December 18, 2012 (the "Original Contract") between the Authority and Crystal Leased Housing Associates I, Limited Partnership (the "Redeveloper") under which the Authority agreed to convey to the Redeveloper certain property within the Project described as Lot 1, Block, 1, Cavanagh Park Addition (the "Redevelopment Property"). 1.03. The Original Contract also provides that the Redeveloper will construct a senior housing facility on the Redevelopment Property, and that the Authority will assist such effort by issuing a tax increment revenue obligation secured by certain tax increments from the TIF District. 1.04. The Authority approved the Original Contract by Resolution No. 2012-28 (the "2012 Resolution"), which also authorized issuance of a tax increment revenue obligation in the form of the Taxable Tax Increment Revenue Note, Series 2013 (the "Series 2013 TIF Note"). The Authority subsequently approved a First Amendment to Contract for Private Redevelopment and a Second Amendment to Contract for Private Redevelopment (together with the Original Contract, the "Amended Contract"), by Resolution No. 2013-17 and Resolution No. 2013-18. 1.05. The parties have determined a need to further modify the Amended Contract in certain respects, and to that end have prepared a Third Amendment to Contract for Private Redevelopment (the "Third Amendment"). 1.06. The Board has reviewed the Third Amendment and has determined that it is in the best interest of the Authority to enter into the Third Amendment. Exhibit B Section 2. Approvals. 2.01. The Board hereby approves the Third Amendment and authorizes the President and Deputy Executive Director to execute such document in substantially the form on file with Authority, subject to modifications that do not alter the substance of the transaction and are approved by such officials, provided that execution of the Third Amendment by such officials is conclusive evidence of their approval. Approved by the board of commissioners of the Economic Development Authority of the City of Crystal this 18`h day of March, 2014. ATTEST: Secretary 2 President THIRD AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT THIS THIRD AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT ("Third Amendment"), made on or as of the day of March, 2014, by and between the Economic Development Authority of the City of Crystal, a public body corporate and politic established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the "Authority"), and Crystal Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership (the "Redeveloper"). WITNESSETH: WHEREAS, the Authority was established by the City of Crystal (the "City") under Minnesota Statutes, Sections 460.090 to 469.1081 (the `BDA Act"), and has all the powers of a housing and redevelopment authority under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, the Authority has undertaken a program to promote the redevelopment of land which is blighted and underutilized within the City, and in this connection created a redevelopment project known as the Redevelopment Project No. 1 (the "Redevelopment Project") pursuant to the HRA Act; and WHEREAS, pursuant to the HRA Act, the Authority is authorized to acquire real property, or interests therein, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, the Authority and Redeveloper entered into that certain Contract for Private Redevelopment dated as of December 18, 2012, as amended by a First Amendment thereto (the "First Amendment") dated October 1, 2013 and a Second Amendment thereto (the "Second Amendment") dated as of November 19, 2013 (as so amended, the "Contract") under which the Authority acquired the property described as Lot 1, Block 1, Cavanagh Park Addition, according to the recorded plat thereof, Hennepin County, Minnesota (the "Redevelopment Property"); and WHEREAS, under the Contract, the Authority agreed to convey the Redevelopment Property to Redeveloper upon satisfaction of certain terms and conditions, and to provide certain financial assistance to Redeveloper in order to facilitate development of a senior housing facility on the Redevelopment Property; and WHEREAS, the parties have determined a need to further modify the Contract in certain respects as described herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Exhibit C Section 3.2 of the Contract is modified to read as follows: Section 3.2. Purchase Price• Provisions for Payment. The purchase price to be paid to the Authority by the Redeveloper in exchange for the conveyance of the Redevelopment Property is $1,094,314 (the "Purchase Price"). The Purchase Price shall be payable as follows: (a) $5,000.00 as nonrefundable earnest money, previously deposited with the title company upon the execution of the First Amendment; (b) $109,431.00 as additional earnest money, to be deposited with the title company upon execution of this Third Amendment and applied to the Purchase Price at Closing (the "Additional Earnest Money"); provided that (i) fifty percent (50%) of the Additional Earnest Money shall be nonrefundable to the Redeveloper if the Contract is terminated at any time, except upon the occurrence of an Authority default under the Contract, and (ii) the remaining fifty percent (50%) of Additional Earnest Money shall be refundable to the Redeveloper if the Contract is terminated prior to May 1, 2014, but shall be nonrefundable to the Redeveloper after May l, 2014 except upon the occurrence of an Authority default under the Contract; and (c) the balance payable by the Redeveloper in cash or certified check at Closing. 2. Section 3.3(c) of the Contract is modified to read as follows: (c) The closing on conveyance of the Redevelopment Property from the Authority to the Redeveloper (the "Closing") shall occur within 15 business days after satisfaction of the conditions specified in this Section, but no later than June 30, 2014. 3. Section 4.3 of the Contract is modified to read as follows: Section 4.3. Commencement and Com�letion of Construction. Subject to Unavoidable Delays, the Redeveloper must commence construction of the Minimum Improvements by July 31, 2014, and must substantially complete construction of the Minimum Improvements by October 31, 2015. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this 440694v1 CR150-199 '� Agreement. Subsequent to conveyance of the Redevelopment Property, or any part thereof, to the Redeveloper, and until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Redeveloper with respect to such construction. 4. The Contract remains in full force and effect and is not modified except as expressly provided herein. (The remainder of this page is intentionally left blank.) 440694v1 CR150-199 3 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL : : STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Julie Deshler Its President Patrick A. Peters Its Deputy Executive Director The foregoing instrument was acknowledged before me this day of March, 2014, by Julie Deshler and Patrick A. Peters, the President and Deputy Executive Director of the Economic Development Authority of the City of Crystal, a public body politic and corporate, on behalf of the Authority. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN CRYSTAL LEASED ASSOCIATES I, PARTNERSHIP HOUSING LIMITED By Crystal Leased Housing Associates I, LLC, its general partner. By: Mark S. Moorhouse Its Senior Vice President The foregoing instrument was acknowledged before me this day of March, 2014 by Mark S. Moorhouse, the Senior Vice President of Crystal Leased Housing Associates I, LLC, the general partner of Crystal Lease Housing Associates I, Limited Partnership, a Minnesota limited liability company, on behalf of the limited partnership. Notary Public 440694v 1 CR I 50-199 5