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2014.05.06 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (�63) 531-1188 • www.crystalmn.gov CITY OF CRYSTAL Posted: May 2, 2014 City Council Meeting Packet for Tuesday, May 6, 2014 MEETING SCHEDULE < << � << << << t � < << << << << < << << << < � << << << << << << << � � < << << << << << s,.:, .t.. . , t !� t .t, � s , t. . s t.. t. , . .� c t ,.t.iF,� . t . t.... t.. t...,t....,t . t.. ,.G t..,x:c. t,< t.. t....,t.. t...,t....,t . t. . t.. ..,t.c.=,t tS . s..rt. 4. .�t.,. , s..r s...rttc .Jz- . r s..r s..r s r s.rt.. . r,�,. r„ t..r,�„ ,. .s. . s..r s..r s..r s..r s r s �.... #��i. ..s.. J r, ,; c. t,s...r. ,.,r s rt r� i::i {�,., �i .3. .3 4. 3 .3. 3. i t. 3 0 {'t .3 .3. .3. .3. 3 3 t .i$ .,3. 3 ( i. t r�,r.�� ;,. t rf t � ft7 {� t t ¢ r. t. t t t t !?�.. t .t� r {. r. t.t. . t tV.. .,t a. r �.i . t..1. a< <� t t S. t iA . s' :r�> .:a ,� . �. t. { .. £, t � t , �,)v, 4 3 S f =. 1. .' { i. 1 r �� t. ( . t.�..s� .t1;,Ei. .?. ,at s �� ,1��U.1 ,t�s. i1rf�. :t t. `s t. �.f t,tE t t ti. .tttst.. t rt �., �,`#<< t t t t.t Er t E c I-;t. €� 4 {t..}.�.>l.i tsc£;,, �5 Itf,.:j44t��,.s..� tt �t:tltf t i,tt. .{ rt$3 a�,< #...4>Itfcltftltf i$t{f.. tti �.ftt )� ,3f � j �{ir.�.s �.�i?c{i.,si:{.}x,hrs.,�i�b�.,,.. t�,.r.t,{..,,,t���> �,f,3s�;f,�a{,:tj��v;i ,ts�.i,s,:<ftt si.t,}i;:,3,�',1 ,rt��Et��t�* ;,��"}�„ ,.�,7, r,�h�,.�,:e}a, d�.,s.,,ziL t>is�,k}.#nf'�...,:i�{i:��r,ytt:tx>i�r, .�.. <�,�,j.��r�.l.i�.ir.>t<�t,.�t,r��,. 6:30 p.m. �St Council Work Session to discuss: Conference Room A Mill and Overlay Assessment Policy 7:00 p.m. Regular City Council Meeting Council Chambers 2" Council Work Session to discuss: Bassett Creek Watershed Immediately after o Proposed amendment to Joint the Regular City Powers Agreement Conference Room A Council Meeting o Medicine Lake controlled lake level Update on Public Works facility project Auxiliary aids are available upon �equest to individuals with disabilities by calling the City Cle�k at (763) 531-1145 at least 96 hours in advance. TTYusers may callllNfinnesota 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 COUNCIL FIRST WORK SESSION AGENDA Tuesday, May 6, 2014 6:30 p.m. Conference Room A Posted: May 2, 2014 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 p.m. on Tuesday, May 6, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Libby Peak Selton Adams Norris Therres Revering Mathisen Budziszewski Norton Deshler Serres I1. Aqenda The purpose of the work session is to discuss the following agenda items: Mill and Overlay Assessment Policy I11. Adiournment The work session adjourned at p.m. Auxiliary aids are available upon request fo individuals with disabilities by calling the City Clerk at (763) 531-1145 at /east 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. COUNCIL STAFF REPORT C►TYof proposed Winnetka Hilis Mill and Overlav CftYSTAL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 6 City Council Work Session) DATE: April 30, 2014 RE: Project #2014-21 Phase 1 Mill and Overlay (M & O) Work Session The purpose of this work session is to discuss the proposed and budgeted mill and overlay project for the Phase 1 Street Reconstruction Project area. Being the first of its kind, it's very appropriate to review the assessment policy set by the Council in 2010 If the project is to be built in 2014, it would be important for the Council to order the Feasibility Study at the May 6 Council meeting. Because it is proposed that the project be assessed, there are meetings and hearings that must happen before the project can be ordered and levied. Ordering the study at this time will assure enough time to advertise, award, and construct prior to the end of the 2014 paving season. Ordering the feasibility study at this time does not commit the Council to building the project in 2014 and/or funding it with the proposed 100% assessed method. The attached preliminary schedule details the subsequent actions that have to be taken prior to awarding a contract. In 2013, the Council included the asphalt road mill and overlay (M & O) project in the Winnetka Hills neighborhood in the 2014 Street Maintenance Fund Budget. This Fund is for cash flow purposes and there are no funds programed in the budget to directly subsidize the project costs. The project area is the Phase 1 Street Reconstruction Project area (attached map) which was rebuilt in 1995. The street projects are designed for an initial 20 year life with a replacement of the top 2.5 inches of asphalt in the 20th year to extend the life of the street an additional 10 years. Subsequent M& O's would be done based on overall condition of the pavement. Based on 20 years, 2014 would be the time to replace the pavement surface in the Phase 1 area. In 2010, as part of the 36t" Avenue M& O Project, the Council developed a policy for using the special assessment authority of the City to fund future similar projects. The adopting resolution and resulting policy are attached. This 2014 project will be the first assessed local street M& O project in the City. While the 2010 36t" Avenue M& O project was also special assessed, it was somewhat different from a local street project in that 36th Avenue is a State Aid Street and as a consequence is wider and has a much thicker asphalt pavement section. In addition, while 36th Avenue had been rebuilt in the past, it was not part of the Street Reconstruction Program assessed projects. The policy adopted in 2010 is for local streets previously rebuilt and assessed as part of the Street Reconstruction Program. The policy specifies that the full cost of the M& O projects would be special assessed to the benefiting property owners. For this year's Phase 1 project, there are 489 properties that would receive a full assessment, and 11 corner properties with one side fronting on a street that is not part of the project, that would receive a one half assessment. While a feasibility study has not been conducted, an approximate cost estimate indicates that a full assessment would be approximately $1,975 to be assessed over a yet to be determined 10 or 15 year period. Sample amortization schedules for these two timeframes are attached. They show the impact on a single family home property tax statement. There are no commercial/industrial/non-profit properties in the project area. Respectfully � u mi ed, � Thomas A. Mathisen City Engineer i:/pubworks/projects/2014/2014-21 Winnetka Hills Phase 1 Mill Overlay/milloverlayworksessmem 2014 WINNETKA HILLS PHASE 1 MILL & OVERLAY PROJECT 2014-Z1 SCHEDULE 4/15/14 MAY May 6 Work session with Council prior to meeting on assessments May 6 Order feasibility study May 15 Send hearing notice to Sun Post for May 22 publication May 20 Receive feasibility study, order public improvement hearing May 21 Mail public notice, neighborhood meeting and hearing May 29 Neighborhood meeting JUNE June 3 Conduct hearing, order project and prep of Plans & Specs June 17 Approve Plans & Specs, order ad for bids June 19 Ad for bids to Sun Post, Journal, QuestCDN JULY July 8 July 15 SEPTEMBER September 16 September 18 OCTOBER October 1 October 21 October 22 Open bids Consider bids, award contract Order assessment hearing for October 21 Send hearing notice to Sun Post for October 2 publication Mail public hearing notices Conduct public hearing, certify assessment roll Mail payment due public notices I:pubworks/Projccts/2014/2014-21 Winnetka I-lills Mill & Overlay/Project Schedule 4 l5 14 W INNETKR AVE N _..'..'"_`�.�.—T-- I � ( -� X X ` � � � _ � � x x _ , � 1 � ; � i � i�t�.�;�s�$"d�� �i� �_ N and Ndln --z� ! �� � � � � � � � � Z "s� � a -- � x � ' � � ���`"�' � � VINI�J211h ~ -" _ _ � s � s ';� x s s"e w � � d � � N �nd <h41�NNIM — � --;'—T—' r � o � � n r � $ � � � ( � � � ��� � � � �, I � � �` �s L " I ^I 'Mi^���g`�.�j�����i�'; _�... i I � i i UTAH AVE N -�-- � � m�;���I�T�"I���� � � I � � � � � _� J � m � � _ ��__�_ i �f--� t --�-- - -- $ $ , � � o � � i � � $ - — tr m,m�$�� ���'�I����� $ -- 1 Q � � niantiH�r���t�11n � z w ¢ x t— rn N i Yk � w r . ,i • ' i.! '�1t1 RESOLUTION NO. ZO10 — 48 ADOPTING ASSESSMENT POLICIES FOR 2010 36� AVENUE AND FUTURE STATE AID AND LOCAL STREET MILL AND OVERLAY PROJECTS W�-IEREAS, due to normal wear and weather related deterioration, it has become necessary to perform a mill and ovezlay project on the State Aid Street 36�' Avenue in the year 2010, and it is therefore necessary to develop a funding mechanism for said project, and it has been determined that a special assessment for a portion of that funding is appropriate; and WHEREAS, the City has no previously established assessment policy for mill and overlay projects, however there are established policies for similax street related projects as shown in Exhibit A; and V�THEREAS, the affected properties in the 36�' Avenue project have not previously been assessed for street reconsiruction other than a mi_nimal amount for curb and gutter and sidewalks in the early 1990's, yet all properties on the adjoining side streets have since been assessed for full street reconstruction, and therefore it is desirable to treat the 36th Avenue properties in a similar fashion; and � � VdHEREAS, in previous full street reconstruction projects, single family/duplex properties receivad an approxunate 30% reduction in the assessment by using State Aid, Storm Drain Utility, and other funding sources, and corner lots abutting 36�' Avenue have previously been assessed in the manner described in Exhibit A; and WI�REAS, it is desirable to develop a 36t1i Avenue assessment policy that can be modified to apply to future State Aid and local street mill and overlay projects, NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council: 1) The properties abutting 36�' Avenue shall be assessed in a manner similar to a full street reconstruction project, however such assessment shall be based on the lower actual cost for said mill and overlay project. 2) 36�' Avenue cozner single family/duplex properties with driveways on 36`t' Avenue shall be assessed at one-half the unit assessment rate because these properties have previously been assessed one-half a unit street reconstruction rate. 3) Similarly, 36`�' Avenue corner single family/duplex properties with driveways on the side stxeet sha11 not be assessed for the 36`h A.venue project because these properties have previously been assessed one fizll unit street ' � reconstruction rate. -.� 4) Commercial and non-profit properties shall be assessed for the full cost of the project based on a per front foot unit cost for the entire front footage abutting the project area. 5) The assessment policy for the 36`t' Avenue project shall be as described in E�chibit B. 6) The assessment policy for future mill and overlay projects on State Aid and local streets shall be as described in Exhibit C. 7) In the future, when it is necessary io either mill and overlay, or reconstruct portions of 36�' Avenue, assessment rates for both commercial and non-profit, and single family/duplex properties shall be determined based on the most recent large mill and overlay or reconstruct projects respectively, adjusted for inflation, as if 36th Avenue were a standard 32 foot wide State Aid Street in the City. Adopted by the Crystal City Council this ls` day of June, 2010. ReNae J. Bo an, ayor ATTEST: L �.� J et Lewis, City Clerk I:Pubworks/projects2009136 overlay/adoptassmntpolicyres EXHIBIT C CITY OF CRYSTAL SPECIAL ASSESSMENT POLICY FOR THE MTLL AND OVERLAY OF STATE AID AND LOCAL STREETS (EXCLUDING THE 2010 36TH AVE1vi1E PRO.�ECT) June 2010 Total mill and overlay construction cost includes contractor and material costs for asphalt and curb and gutter and sidewalk repair, plus feasib'rlity, engineering design, legal, project management, bonding, levy, and other related costs. Front footage is measared at the properly line. Front footage is a measurement based on both sides of the street, not street centerline footage. 1. Non-corner single family/duplex properties are assessed on a per unit cost based on total project construction cost per front foot for the entire project. The total single family/duplex properties front footage times the cost per front foot divided by the number of net whole single family/duplex properties determines the cost per unit. In determining the cost per unit, corner lots with only one side being overlayed are counted as one-half unit, and corner lots with both sides being overlayed are counted as a full unit. 2. Single family/duplex corner Properties are assessed at the same unit cost as for non-corner properties. These properties receive a full unit assessment if both sides are being overlayed, and one-half unit if only one side is being overlayed. 3. 36�h Avenue Frontage Excepetions: Corner lots with driveways fronting on 36th Avenue are assessed at one-half of the side street rate when the side street is overlayed. Corner lots with driveways fronting on the side street are assessed one full anit when the side street is overlayed. 4. Commerciallnon-profit properties (including churches) are assessed based on total project construction cost per front foot for the entire project times the number of front feet for a given parcel. 5. Commerciallnon-proiit corner properties are assessed based on the entire front footage of both sides of the property. T :/pubworks/proj ects/2009/36 thOverlay/Assessm entpolicies2 Report Name: Assessment Payment Calculator City of Crystal Assessment Payment Calculator Original Assessment: $2,000.00 ayment Term: 10 Interest Rate: 5.0000% lst Yr. Payable: 2015 Amortization Type: Standard Total Assessment: $2,000.00 Pavment # 1 2 3 4 5 6 7 8 9 10 Year 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Principal Amt $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 Partial Payments: $0.00 lst Yr. Int. Months: 14 Levied Date: 10/7/2014 Total Principal: $2,000.00 Total Interest: $566.66 Grand Total: $2,566.66 Tnterest Amt $116.66 $90.00 $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 Pavment Amt $316.66 $290.00 $280.00 $270.00 $260.00 $250.00 $240.00 $230.00 $220.00 $210.00 Printed: 4/24/2014 Remaining Balance $1, 800.00 $1,600.00 $1,400.00 $1,200.00 $1,000.00 $800.00 $600.00 $400.00 $200.00 $0.00 Report Name: Assessment Payment Calculator City of Crystal Printed: 4/28/2014 Assessment Payment Calculator Original Assessment: $2,000.00 Payment Term: 15 Interest Rate: 5.0000°/a ist Yr. Payable: 2015 Amortizarion Type: Standard Tota! Assessment: $2,000.00 PaYment # I 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 Year 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Principal Amt $13333 $13333 $13333 $13333 $13333 $133.33 $13333 $13333 $13333 $13333 $133.33 $13333 $13333 $13333 $13338 Partial Payments: $0.00 lst Yr. Int. Months: 14 Levied Date: 10/21/14 Total Principal: $2,000.00 Total Interest: $816.68 Grand Total: $2,816.68 Interest Amt $116.66 $93.33 $86.67 $80.00 $73.33 $66.67 $60.00 $53.33 $46.67 $40.00 $33.34 $26.67 $20.00 $13.34 �6.67 Pavment Amt $249.99 $226.66 $220.00 $213.33 $206.66 $200.00 $19333 $186.66 $180.00 $17333 $166.67 $160.00 $15333 $146.67 $140.05 Remainin� Balance $1,866.67 $1,73334 $1,600.01 $1,466.68 $1,33335 $1,200.02 $1,066.69 $93336 $800.03 $666.70 $533.37 $400.04 $266.71 $133.38 $0.00 THE CITY MANAGER'S COMMENTS ARE BO�DED. � .. ' +• s • i _� 11 ' I. CA�� TO ORDER ROLL CALL AND P�EDGE OF ALLEGIANCE II. PRESENTATION* 1. Police Chief Revering will present The Chief's Award to a Crystal resident for her efforts in alerting the police about a burglary.* III. PROCLAMATIONS 1. Mayor Adams will read a proclamation commending Audrey Burke for volunteer service. Ms. Burke has been an active and committed volunteer at the Crystal Senior Center and will be attending the May 6 Council meeting. 2. Mayor Adams will read a proclamation declaring May 15, 2014 as Peace Otficer Memorial Day, and May 11-17, 2014 as National Police Week in the City of Crystal. 3. Mayor Adams will read a proclamation declaring May 18-24, 2014 as National Public Works Week in the City of Crystal. IV. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from April 17, 2014; and b. The Council Work Session from April 17, 2014. V. 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; Crystal City Council Meeting Agenda May 6, 2014 CONSENT AGENDA CONTINUED 3. Approval of a lawful gambling application for an exempt permit to conduct bingo at Becker Park, 6225 — 56tn Ave N, on July 25 & 26, 2014 for the Crystal Frolics, application submitted by New Hope Lions Club; 4. Approval of a resolution providing for the prepayment and redemption of the City's Outstanding General Obligation Refunding and Improvement Bonds, Series 2004A, for the 2004 street reconstruction project; and Prepayment of these bonds was discussed at the April 10 work session. 5. Acceptance of the resignation of Leslie Renschler from the Employee Review Board, effective May 1, 2014. VI. PUBLIC HEARING 1. The Mayor will open a public hearing to receive comment and Council consideration of a resolution ordering Project No. 2014-07 Alley Reconstruction Project, Preparation of Plans and Specifications, and Ad for Bids. In February, the Council authorized preparation of the feasibility study for this year's alley reconstruction project and a neighborhood open house was held on February 27. After receiving public comment, recommend approval of the resolution ordering this year's alley project and preparation of plans and specifications and advertising for bids. 2. The Mayor will open a public hearing to receive comment and Council consideration of a new pawnbroker license located at 5508 West Broadway, submitted by Mr. Greg Daniel of Bravo Financial, ��C. Earlier this year, Mr. Greg Daniel applied for a pawnbroker license for the property at 5508 West Broadway. Mr. Daniel was one of the previous co-owners of Max It Pawn, which was recently sold to EZ Corp. The Council should hear staff's report and take public input during the public hearing and then direct staff to develop findings for the Council's consideration of the license application at its May 20 meeting. 3. The Mayor will open a public hearing to receive comment and Council consideration of a resolution regarding liquor license fee increases. During last year's budget discussions, staff suggested adjusting several liquor license fees to more accurately reflect staff time in managing and administering these licenses. After the Council reviewed the staff time involved in processing liquor licenses, it was agreed a hearing should be scheduled to consider the increased fees. This hearing was originally scheduled for April 1 but continued to May 6 to allow time to provide notice of the proposed license fee increases to all potentially affected license holders. After taking public comment, recommend approval of the resolution making these license fee increases. Page 2 of 4 Crystal City Council Meeting Agenda May 6, 2014 VI1. REGULAR AGENDA 1. The Council will consider a resolution ordering preparation of feasibility study for Phase 1 Winnetka Hills Mill and Overlay Project No. 2014-21. If the Council determines the existing assessment policy is acceptable, recommend approval of the resolution ordering preparation of the feasibility study for the Phase 1(Winnetka Hills) Mill and Overlay project. 2. The Council will consider a resolution approving plans and specifications and ordering ad for bids for 2014 CIPP Sanitary Sewer Lining Project No. 2014-08. This year's Utilities CIP includes funds for relining of deteriorated sanitary sewer lines. Recommend approval of the resolution approving plans and specifications and ordering ads for this maintenance project. 3. The Council will consider authorizing submission of land use applicatians for the proposed Public Works facility at 5001 West Broadway. In order to move forward with the proposed Public Works facility at 5001 West Broadway, a site plan review and conditional permit for outdoor storage will be required, consistent with the City and Zoning Codes. Recommend approval of authorizing submission of these land use applications. VIII. OPEN FORUM (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. Individuals 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 3 of 4 Crystal City Council Meeting Agenda May 6, 2014 IX. INFORMATION AND DISCUSSION a) Everyone is welcome at North �ions Park on Wednesday, May 7, at 6:00 p.m. for the Arbor Day celebration and Shingle Creek Watershed clean up. b) The City Council will hold a work session on Thursday, May 8, at 7:00 p.m. in Conference Room A at Crystal City Hall. c) A variety of trucks and cars will be on display at the Crystal Community Center for the Vehicle Fair on Saturday, May 17, from 10:00 a.m. — noon. d) The next City Council Meeting begins at 7:00 p.m. on Tuesday, May 20, in the Council Chambers at City Hall. e) The Crystal Business Association meets on Wednesday, May 21, at 8:30 a.m. at Crystal Care Center. f) City Offices will be closed in observance of the Memorial Day holiday on Monday, May 26. X. ADJOURNMENT XI. MEETING SCHEDULE ON MAY 6 2014 <<<<<<< r<<<<<<<<<<< ._. r t r � {� � 3, si si ,�4 . ��;;;;, ;;;;;;;;; ,,, . ..;;; ;;;;;;;;; ;;;;;;.. .}. .}- '..'>,.. }. .}. .}. .}e u.,eFs...��.Ye ti'Yi" ��.""'+; Y e ...�..� �:e <<.1 Y k k"k t 't- >ti t 't" t t -.;}, F. F} ( * F. F. F. F} 3 S S S�S�S�S S S S S�S�S�S P. . t S S� j kf , t.h .� S�S�S�S S S S S�S�S�S S S S�S�Z tt.l „;,y;, ,),,. ), .� �}, <,'-..71 71 71-':?>�� � i.. .i f. i. ,i ..{ �� j 4 .� �. tt, .4<'% tita, it. S������������ k 7.7 s, t ��.������������. .i t rt.r t r� .{.a .x,..ftrt t .7 r f.�t T. tt.fu. .aar s s . t .I. � t. . s s, i �. ��� . .� J �.t # ; �t�,.. ).� s� f. i r t,.i � � � t ;: £ 2 , t I . �' � : �, t { ( 17� �.� ( i - i i i S'S i i i i� f�f 4 � 7, � 1 '�. .S� ��4�.t . � �. S �:t�aa� .,� � t t. :,'r �... St: s i, t 7 �s :.���������� r 4 � � r f t=sr i 2.; . i. f .�s;�it S 3 ii:.... �# .t ����.� 7t .'�tnt4 t.,i r a�ti;k t({. tt{t { i ,t,. .r :�#St.. t r�` tt,�{.���`�,<}�t,t,�,�:,;t�t. �S�l,.ii>�7.;',��t{.r:,..,.,.rza���t�,r;�;��i���h3.,a>,�?,tl� �„�1„t,.u�:F.��s{,���� ��i�,tS�,W[{.��u�{,z�'�{;z�'�t{����,s.,�isr:t:ss it,.�t��4�ia,t��{ ���, t�f`�.{���?{its�f„7iatvrttr�r{x; 6:30 p.m, �St Council Work Session to discuss: Conference Room A Mill and Overlay Assessment Policy 7:00 p.m. Regular City Council Meeting Council Chambers 2" Council Work Session to discuss: Bassett Creek Watershed Immediately after o Proposed amendment to Joint the Regular City Powers Agreement Conference Room A Council Meeting o Medicine Lake controlled lake level Update on Public Works facility project * Denotes no supporting information inc/uded in the packet. Have a great weekend — let's hope we see some sun!!! See you Tuesday night. Page 4 of 4 PROCLAMATION #1 �4I41 Douglas Dri�re North �� Crysial, Mitz��esota 55422-1696 Tel: (763} 531-1000 � Fax:�(7b3) 531-ll88 g www.ci.cr�rstal.znn.us i ' � . . � � , � � " i . �� - . *. � . • . WHEREAS, the Crystal Friendship Center was established in June 1990 with the opening of the Crystal Community Center, and WHEREAS Audrey Burke has been a member of the Crystal Friendship Center since 1990 and; WHEREAS, during her membership, Audrey Burke pravided countless volunteer hours of dedicated service to the Friendship Center through her invalvement in many af the Center activities including the daily card groups and monthiy card tournaments; and WHEREAS; Rudrey Burke is ta be commended far her 20+ years af commitment and service ta the Crystal Friendship Center and to the residents of the City of Crystal. • - •- �.. . . . . . . . .. - •. • • . . � • - : - - •• -• . • . -• • . . -. • •-• . ^• • -- - - `s - » , � y . . . • - • Dated this 6th day of May, 2014. Jim Rdam�, Mayor CITY OF CRYSTAL PROC�AMATION "NATIONAL POLICE WEEK" MAY11-17,2014 "PEACE OFFICER MEMORIAL DAY" MAY 15, 2014 PROCLAMATION #2 WHEREAS, May 11 to May 17, 2014, has been declared nationally as "NATIONAL POLICE WEEK" AND Saturday, May 15, 2014 as "PEACE OFFICER MEMORIAL DAY'; WHEREAS, on average, a peace officer is killed every three days in the United States; WHEREAS, nearly 200 law enforcement officers are injured in the line of duty daily in the United States; WHEREAS, the Crystal Police Department will join nearly 780,000 peace officers nationwide in commemorating fallen officers on May 15, 2014, by wearing black bands on their badges in memory of those officers who have given their lives in the line of duty; and WHEREAS, Law Enforcement Memorial Day serves as a reminder to everyone in the community of the sacrifice and commitment to duty by peace officers throughout the country on a daily basis. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, in recognitian of "NATIONAL POLICE WEEK" join with others across the nation to proclaim the City of Crystal's support and appreciation for our peace officers and proclaim Thursday, May 15, 2014, as "LAW ENFORCEMENT OFFICERS MEMORIAL DAY" in the City of Crystal to commemorate those law enforcement officers nationwide who have made the ultimate sacrifice of their lives for the greater good and safety of the community AND encourage the community to observe "POLICE WEEK" and "PEACE OFFICER MEMORIAL DAY" with appropriate programs, ceremonies, activities, and the flying of flags at half staff. Dated this 6t" day of May, 2014. Jim Adams, Mayor PROCLAMATION #3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: ('763) 531-1188 • www.crystalmn.gov CITY OF CRYSTAL PROCLAMATION PUBLIC WORKS WEEK May 18 through May 24, 2014 WHEREAS, Public Works services provided in the City of Crystal are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as drinking water, sewers, streets, parks, traffic safety, and surface water quality; and WHEREAS, the health, safety, and comfort of City of Crystal residents and visitors greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of al1 Public Works professionais. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby proclaims the week of May 18 through May 24, 2014 as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of Public Works service delivery and to recognize the contributions made by Public Works professionals every day to our health, safety, comfort, and quality of 1ife. CRYSTAL CITY COUNCIL Dated this 6'�` day of May, 2014, By: Jim Adams, Mayor I:pubworkslPublic Works Week/Proclamation2014 Crystal City Council Meeting Minutes April 17, 2014 2713 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 Thursday, April 17, 2014 at 7:00 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: Hoffmann, Libby, Peak, Selton, Adams, Budziszewski, and De STAFF City Manager A. Norris, City Attorney M. Norton, Assistant City Manager/Human f Manager K. Therres, Police Chief S. Revering, Community Development" Direc#�r and City Clerk C. Serres. OTHER: Hennepin County Appraisers Melissa Bickman, Josh Hogland, and Mary LaRose. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in II. SWEARING-IN CEREMONY Chief Revering addressed the C ceremony for Police Officer Eric III. PROCLAMATIONS Carter Zirbes addressed'the Cc 1. Mayor Adams read a procla the City of Crystal. 2. Mayor Adams read a'procla of Crvstal. APPEAL AND EQUA�IZATION at he Pledge of Allegiance. the swearing-in answered questions. ources Peters, ring April 17, 2014 as Carfer Zirbes Day in ation declaring May 7, 2014 as Arbor Day in the City Moved by Council Member Deshler and seconded by Council Member Peak to recess the regular City Council meeting and reconvene as the Local Board of Appeal and Equalization. Voting aye: Hoffmann, Libby, Peak, Selton, Adams, Budziszewski, and Deshler. Motion carried. Crystal City Council Meeting Minutes April 17, 2014 2714 IV. BOARD OF APPEAL AND EQUALIZATION MEETING Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council reconvened as the Board of Appeal & Equalization at 7:15 p.m. on Thursday, April 17, 2014, at 4141 Douglas Drive, Crystal, Minnesota to discuss the final report relating to appealed properties as presented on April 1, 2014. Hennepin County Assessor Mary LaRose presented a summary review to the Council and answered questions. The following is a list of appealed properties from April 1, 2014 from the county assessors' report: � � �a � Property Owner Matthew Osborn Teresa Bricher Lisa Hathy/Michael �undstrom 4 Alan Mendenhall 5 Lynn Dutcher Address and PID Number County Recom 6423 31 St Avenue N PI D: 20-118-21-41-0051 (residentiaUhomestead ) 4556 Maryland Avenue N PI D: 08-118-21-34-0111 (residential/homestead),;, 3160 Yukon Avenue PI D: 19-118-21-42=C (residential/non-horr 6528 44t" Av�ni PI D: 17-118-21- (residential/hom � '� � . 111 �uce by $15,000; perty valuation be $138,000 No change; property valuation is $169,000 Reduce by $8,000; r059 property valuation ad) will be $145,000 Yates Avenue N 21-118-21-21=0119 ientiaUhomestead) No change; property valuation is $195,000 Property No. 1 Moved by Council Member Hoffrnann and seconded by Council Member Libby to lower the market valuatic�n of property at 6423 31St Avenue North from $172,000 to $146,000 (Matthew Osborn). Voting aye: Hoffmann, �ibby, Peak, Selton, Adams, Budziszewski, and Deshler. Motion carried. Property No. 2 Moved by Council Member Budziszewski and seconded by Council Member Libby to lower the market valuation of property at 4556 Maryland Avenue North from $153,000 to $138,000 (Teresa Bricher). Voting aye: Hoffmann, Libby, Peak, Selton, Adams, Budziszewski, and Deshler. Motion carried. Crystal City Council Meeting Minutes April 17, 2014 2715 IV. BOARD OF APPEAL AND EQUALIZATION MEETING CONTINUED Property No. 3 Moved by Council Member Peak and seconded by Council Member Hoffmann to make no changes to the market valuation of property at 3160 Yukon Avenue North (�isa Hathy/Michael Lundstrom). Voting aye: Hoffmann, Libby, Peak, Selton, Adams, Budziszewski, and Deshler. ion carried. Propert� Moved by Council Member Budziszewski and seconded by Council Membe lower the market valuation of property at 6528 44t" Avenue North, from $15 $145,000 (Alan Mendenhall). Voting aye: Hoffmann, �ibby, Peak, Selton, Adams, Budziszewski, and Deshler. Motion carried. Property No. 5 Moved by Council Member Peak and seconded by Council Member Libby to make no changes to the market valuation of property at 3438 Yates A�renue North (�ynn Dutcher). Voting aye: Hoffmann, �ibby, Peak, Adjournment Moved by Council Member Se Board of Appeal & Equaliza#io at 7:23 p.m. Voting aye: DI The � szewski, and Deshler. Motion carried. >nded by Council Member Peak to adjourn the d reconvene the Regular City Council Meeting n, Adams, Budziszewski, and Deshler. Motion carried. L MEETING MINUTES �cil considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from April 1, 2014; b. The Council Work Session from April 1, 2014; and c. The Council Work Session from April 10, 2014. Moved by Council Member Selton and seconded by Council Member Peak to approve the above minutes in a single motion. Motion carried. Crystal City Council Meeting Minutes April 17, 2014 2716 VI. CONSENT AGENDA The Council considered 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 special permit to serve wine and beer at the Crystal Community Center on Saturday, April 19, 2014, from 7:00 — 11:30 p.m., for 400 guests to celebrate the Lao New Year, submitted by Special Events Catering dba Chuckwagon Catering; and 4. Acceptance of Sandy Schraut's resignation from the Human Rights Commission. Moved by Council Member Deshler and seconded by Council Member Feak to approve the consent agenda. Motion carried. VI1. REGULAR AGENDA 1. The Council considered a resolutio revenue bonds relating to The form of and authorizing the ex� the revenue bonds. �uthorizin� the issuance, sale, and delivery of agh Rpartments project; and approving the and delivery of certain documents relating to Community Development C�irector P. Peters addressed the Council. Moved by Council Memt�er Budziszewski and seconded by Council Member Peak to adopt the foll,owing resolution, the reading of which was dispensed with by unanimous cc�nsent: RESO�UTION NO. 2014 — 29 THORIZING THE ISSUANCE, SALE, AND DE�IVERY OF REVENUE BONDS LATING' TO THE CAVANAGH APARTMENTS PROJECT; AND APPROVING HE FC�RM OF AND AUTHORIZING THE EXECUTION AND DE�IVERY OF CERTAIN DOCUMENTS RELATWG TO THE REVENUE BONDS Voting aye: Hoffmann, Libby, Peak, Selton, Adams, Budziszewski, and Deshler. Motion carried. 2. The Council considered civil penalties for the violation of ordinances and laws relating to the illegal sale of alcohol to an underage person by MGM Liquor Warehouse located at 6200 56t" Avenue North. Crystal City Council Meeting Minutes April 17, 2014 VI1. REGULAR AGENDA CONTINUED City Clerk C. Serres and Police Chief S. Revering addressed the Council. MGM liquor licensee/owner Mr. H. Cho and employee P. Mudge addressed the Council and answered questions. 2717 Moved by Council Member Peak and seconded by Council Member Budziszewski to impose civil penalties of a license suspension of one day and a fine of $750 for the violation of city ordinances and state laws relating to the illegal sale of alcohol to a minor by MGM Liquor Warehouse, with the City Clerk determining the dates of suspension and payment of fine. Voting aye: Hoffmann, �ibby, Peak, Selton, Adams, Budziszewski, and rried. 3. The Council considered civil penalties for the violation t�f ordinances and laws relating to the illegal sale of tobacco to an underage p�rson_by Cub Foods located at 5301 36t" Avenue North. City Clerk C. Serres and Police Chief S. Reuering addressed the Council. A representative of Cub Foods addressed the Council and answered questions. Moved by Council Member Budziszewski and seconded by Council Member Peak to impose civil penalties of a license suspension of one day and a fine of $750 for the violation of city ordinances and state laws relating to the illegal sale of tobacco to a minor by Cub Foods, with the City`Clerkdetermining the dates of suspension and payment of fine. Voting aye: City Hoffmann, Libby, Iton, Adams, Budziszewski, and Deshler. Motion carried. considered civil penalties for the violation of ordinances and laws � illegal sale of tobacco to an underage person by Liquor Liquidator 3 20 56tn Avenue North. Serres and Police Chief S. Revering addressed the Council. Liquor Liquidator 3 tobacco licensee/owner Mr. P. Sakurets addressed the Council and answered questions. Moved by Council Member Budziszewski and seconded by Council Member Libby to impose civil penalties of a license suspension of one day and a fine of $750 for the violation of city ordinances and state laws relating to the illegal sale of tobacco to a minor by Liquor Liquidator 3, with the City Clerk determining the dates of suspension and payment of fine. Crystal City Council Meeting Minutes April 17, 2014 � VI1. REGULAR AGENDA CONTINUED Voting aye: Hoffmann, �ibby, Peak, Selton, Adams, Budziszewski, and Deshler. •'_l •: l/ No public comment was given during open forum. IX. INFORMATION AND DISCUSSION Mayor Adams read the following announcements: a) The next City Council Meeting begins at 7:00 p.m. on Tuesday, Council Chambers at City Hall Motion carried. May 6, in the b) Reminder — Citizen Input Time is taking a break from May — August but the Mayor and Councilmembers are still available by phone, email or to meet. c) The Human Rights Commission will be hosting a speaker named Ellen Kennedy who will present "Genocide: Never Again must mean Never" on Monday, April 28tn from 7:00 — 8:00 p.m. at Crystal City Hall. d) The Arbor Day celebration begins at 6:00 p.m. an May 7 at North �ions Park. X. ADJOURNMENT Moved by Council Member Budziszewski and seconc adjourn the meeting. The meeting adjourned at 7:55 p.m. ATTEST: Chri Clerk by Council Member Peak to Jim Adams, Mayor Motion carried. Crystal City Council Work Session minutes April 17, 2014 2719 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 8:07 p.m. on Thursday, April 17, 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�: Hoffmann, Libby, Peak, Selton, Adams, Budziszewski, and Deshler. STAFF: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Police Chief S. Revering, City Attorney M. Norton, and City Clerk C. Serres. II. AGENDA The Council and staff discussed the following agenda items: • Crystal Police Department Annual Report • Commission liaisons reports/updates III. ADJOURNMENT The work session adjourned at 8:44 p.m. Jim Adams, Mayor ATTEST: Chrissy CONSENT AGENDA #1 APPLICATIONS FOR CITY LICENSE May 6, 2014 ANIMAL KENNEL —PRIVATE Geraldine G Rimes 6527 36th Ave N Crystal, MN 55428 GASINSTALLER Air Rite Heating & A/C Inc 15731 Hallmark Path Apple Valley, MN 55124 AM Plumbing Inc 27479 109`h St NW Zimmerman, MN 55398 Legacy Mechanical Services 114 Thomas Circle #106 Monticello, MN 55362 Metro Air Inc 16980 Welcome Ave SE Prior Lake, MN 55372 Team Mechanical Inc 3508 Snelling Ave S Minneapolis, MN 55406 Total Comfort 4000 Winnetka Ave N Ste 100 New Hope, MN 5542'7 PLUMBER AM Plumbing Inc 2'74'79 109th St NW Zimmerman, MN 55398 Bettin Inc dba Ecowater Systems 3208 l�t St S Waite Park, MN 56387 Bob Jasper Plumbing Inc 5840 Ensign Ave N New Hope, MN 55428 Farr Plumbing & Heating LLC 2330 Winfield Ave N Golden Valley, MN 55422 High Point Pl�umbing & Mechanical Inc 3821 Red Cedar Point Rd Chanhassen, MN 55331 JD Plumbing LLC 4508 W 99`h St Bloomington, MN 5543'7 JLS Plumbing & Heating LLC 1016 Fairway Blvd Howard Lake, MN 55349 My Plumber Inc 18948 Radford St Minnetonka, MN 55345 Schader Hole Pushing and Plumbing LLC 4426 Hodgson Rd Shoreview, MN 55126 Terry Overacker Plumbing 502 Eat Main St Anoka, MN 55303 Westin Plumbing and Heating Inc 15494 67th St Becker, MN 55308 RENTAL — NEW 3612 Adair Ave N— Invitaiion Homes 4009 Adair Ave N— Jawad Behsudi (Conditional) 4812-4814 Idaho Ave N— Be11e Properties LLC (Conditional) 5942 Idaho Ave N— MNSF LLC c/o Latigo Leasing & Sales (Conditional) 4518 Jersey Ave N— Invitation Homes 6048 Jersey Ave N— Invitation Homes (Conditional) 5625 Yates Ave N— Yee Mun Leong c/o KMF Properties LLC (Conditional) 5317 48th Ave N— Gary Brummer (Conditional) RENTAL — RENEWAL 3260 Brunswick Ave N— Alexis Lair (Conditional) 3313 Brunswick Ave N— Jon Miller c/o Home Leasing and Mgmt (Conditional) 5123 Corvallis Ave N— N�ancy/Jerad Soule (Conditional) 2755 Douglas Dr N— Reese Pfeiffer (Conditonal) 3821 Douglas Dr N— Clayton/Tammy Duggan 4559-4563 Douglas Dr N— Donald Brasch 6608 Dudley Ave N— Christopher/Lisa Irving (Conditional) 5812 Elmhurst Ave N— Jason Weber c/o Renters Warehouse (Conditional) 5101 Fairview Ave N— ToddlAndrea Zimmermann 4748 Florida Ave N- Joseph/Tami Huberty 4749 Georgia Ave N— Clayton/Tammy Duggan (Conditional) 3806 Hampshire Ave N— John Velenchenko Page 1 of 2 CONSENT AGENDA #1 I.� �I�Y 1/\ IS.� �1►`I �1'►.�/_� 1[K�7►Y Y 1�1/1 �117 5943 Idaho Ave N— Seth Jacobson 4848 Jersey Ave N— Clayton/Tammy Duggan 5324 Jersey Ave N— Andrew Patrias (Conditional) 3146 Kentucky Ave N— Nicholas Cortes c/o RP Mngmt (Conditional) 4102 Kentucky Ave N— John/Inta Gravitis (Conditional) 5220 Kentucky Ave N— A EricsonB Wetzstein (Conditional) 5330 Kentucky Ave N— Mary T Associates Inc 4950 Lakeland Ave N— Justin/Edie Rocco c/o Pro Realty Serv 3421 Major Ave N— Royalty Estates LLC (Condiiional) 3436 Major Ave N— Judy DuPau1(Conditional) 4808 Maryland Ave N— DanieUKathy Wright 5'756 Nevada Ave N— RJ Mathieu ETAL 3525 Noble Ave N— Alejandro/Tiffany Calderon c/o REI Prop Mgmt 3409 Quail Ave N— Mark Casper 5737 Regent Ave N— Esso Properties LLC 3701 Vera Cruz Ave N— James Truax 3709 Vera Cruz Ave N— James Truax '7916 32nd Ave N— Sewnarine Sheokumar 6028 36�h Ave N— Ray Truelson c/o Pro Realty Serv (Condiiional) 5340 48th Ave N— CharleslPatricia Cowan 6919 52"d Ave N— Brent Juusola (Conditional) 5415 53rd Ave N— Fan Fan Rent LLC c/o Xie Wang (Conditional) 4718 57th Ave N— Ben/Kelly Kurth (Conditional) SIGN HANGERS Taurus Sign Company, 17900 280�' St, Shafer, MN 55074 THERAPEUTIC MASSAGE THERAPIST Samantha Wilkins at Massage Lakes, 235 Willow Bend (pNeappNoved by Anne No�ris on 4/24/2014) TOBACCO Big B's, 6000 42n`� Ave N(preapp�oved by Anne No�ris on 4/21 /2014) Page 2 of 2 Payee Golden Valiey JWC Lagis PERA Golden Valley JWG Metropolitan Council EnvirorrS Palda & Sons Inc PERA West Metro Fire Rescue Dist IRS - EFTPS G 1Tmm�Waats Pn}\Cheel:srorzr 525,000 Menw DATE> April 29; 2014" TO: Anne Norris, City Manager City ofCrystal City Gouncii FROM: Gharies Hansen, Finance Director RE: Expenditures over $25;000 Description 2014 Capital Improvement Funding February Support Services Employee & city required cantributions: pay date 4/11/2014 March Water Gosts April and May Waste Water Service FinallRetainage for Phase 11 Street Reconstraction Employee & city required contributions: pay date 4/25/2014 April Fire Budget Allocation Social Security, Medicare; & Federai Tax W/H; paydate 4l11/2014 ,4mount $356;395.50 $29;336.3q $42,057.95 $120;298.75 $219; 865.44 $25,4$$.00 $42;271.76 $8D,684,52 $55,831.56 $972,229.7� �� ���`�� �,��.���`��, �� ��.,���.� ��s� t��e�� � c�� � _ � � CONSENT AGENDA #3 �€� exem�t p�rmit snay b� issu�d �s� � nor�pr�fi� c�r��nl��t'sc�� �€��t. ����i������1 ��� �r���a ��#�����3�� � - ����€�� �ur,��.6`s �� :��5:>� �� ��� �r ���_ ����, �€�� -- -- s- . - - -- — - - - - - ��v�rd� i��� th�n ���,i��� �s� pr'r��� cfur'srsg � �afer�d�r y��r, I� ���'=s�����;; 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F Print ei�y n��°ne �� l� ; �i�'ii�ii�$`� �� �ii;�`��`���i:ildi�} , , , Pr6nt cr�uCtty €���i� �4C�Y1��Ut`� C3� #�6Ltii�y [J�1"St3�'YSI�� �i��� , �c�t� �i��� �7t"����.. �� °fi {}����~$��'. �� S`�t3S8i�°�L� fs� #ii� ���i���< ( Qn b�half �rf �h� tc��n��'sg, I���now6�cige t#��t ��a� a�rg�nizatii�n � " is �����`s�i� ;r�r �x�TTi��� ��sr��:i: �� ��<'s�itp �'st�i;�i �s�� L��ssrs;'s's� L��[t�� � t �x � [A %�awn5hip ha� n� st�ia�ts�ry �u�3�ori�y k� ��prc�v� c�r d�ny � � � � a �<, s' ti s � ' � f � � ' ° �� �' � � � � rr �3ir���i'i :' �tiir'"i��s� ��cr�#���5 ��'��i�i�'i.1 � . . ��` �n .... �"` r'��`r ' � ° irs � .... �P . � � ` „ � . , r � �- o ,. o =.'� J ,� ,., ,., � „', �. , .���, � � �'#F'ti �v�V�r��"re�r �Ycaii�� � � � [ rt#e _ _—_. ��� �,--��.._ C7aC� F Th� infa��m�kic�rt �ar�vid�d in k�ti� ���fie�kic�rt is cc�mpl�t� artd �€�cur�t� t� th� b��t of eny knc��i�c#��, ����Cncav+€i�dg� th�t t�t� �'sn�neia# � ����r� ;��f# �� c���f�t�� �f�� ��t����� t� t�� ���r�� v����rr� �� ��y� � ��rs�r�� ����, chie�exe�ueive ai�ieer`s stgn. 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Your 4rg�nization t�as th� sight t� ref�ase ta v�G*��*��" �:5e ii€��tri'.�Y.'.�f�; iitat��i��, i-i` VGiii` �r��rr�:i��i�ii refsas�� tra �up�4y thi� infarmation, th� ��ard m�y nc,t b� ��;��'��i c;��mv�ii�iii�� Tx�isF :r�t�e�i5i���i�:ii'� ta�i�ii�"ss;a�s�iEi�u� �ft�� as a cc�ns�quenc�� may rsFus� to i���a� ���rr�it, I� y�ur .^i`��:i�a��i�Tl �[€,r��ii� �� 35�ff3i`i`n��i�3;t �[ii7�s��[a, Li".� �Bwru wili h� �bE� t� �rca���s th� �pplic�tican. 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TP the �aard dpe� not �s;�� � u�t"siii�� �ii a"r.�6:;Ya3�i�rr �:=��i�ic�cr rem�sn� prsv�t�, with th� ex�epti+�n csf ycaur uFt��afi'r��:G?i'S �;�:Y?v �€�cj �ci�ii;:u�� :"#i�is:z� t°uii�. r�main public. Priv�t� data abc�ut yc��ar 6#`�ai9l��ti;;€i �t� �'vaii�i�ia �i;. �a�ru t�`r�ii€�s bers, �o�rd st�ff rvh�se w�sk r�quires ac��� iia ��t� #ii€�rri�u�iuii: �SPs�n�"svtu'� Dep�rtm�nt c�f Publi� ��f�ty; Attesrn�y Gen�ral; Ccasnm'sss3�ners �af Administr�kion, ^�in:i��v:� �t�t�a:�Frz�C�c � �su�it��, �t`:�= �ev�nue; Legislatiue Auditcr, natinnal �nd s�;i��iT�it�irc'rI ��iiiiii}iif� i�t�uF�:?'u'r{ ��w:?ii�5: anyone �aursaaant t�s ciaurt �rder; �ther inds- i.�zuU�i� �i`.� ���i�cie� s`i:�Ciiicui!y c�;�:i'��sri��d by �t�t� t�r federei 4�w ccs have �:cess to ;ng i�:�r;iF����;1: `srr�`si€ia:#�i� s�Tt� a���c"i��; fas w}ai�h 1�w gr 1eg�I urd�r asathori�es a t5�s� ;i;� Gr `sli�ni3� a� ir�iirisii��iatl �ai��`iFii� rsc�tic� was giv�r�i �r�c! anyone with your P^::n"`�a;i �vr��etii. .� CONSENT AGENDA #4 _. Memorandum �. C�7'v'qF". '�RYSTAL DATE: April 28, 2014 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director SUBJECT: Resolution Providing for the Prepayment and Redemption of the City's Outstanding General Obligation Refunding and Improvement Bonds Series 2004A. Background The General Obligation Improvement Bonds, Series 2004A were sold for $2,045,000 to finance special assessments from the Phase 6 Street Improvement Project and to refund the remaining balance of the 1998A bonds at a lower interest rate. The principal amount of the bonds that remain outstanding is $560,000 with a final maturity of February 1, 2020. Discussion The debt service fund for these bonds has a large balance which built up as a result of prepayments of special assessments. Assets of the fund currently include about $580,000 of cash and interest receivable and about $335,000 of special assessment receivables that will be collected over the next several years. Redeeming all of the bonds on August 1, 2014 will require $560,000 for principal and $12,305 for interest. There will also be charges of several thousand dollars for professional services related to calling the bonds and perForming the final arbitrage calculation for the IRS. These payments may exceed the $580,000 of cash currently in the fund, but enough special assessments will be collected with the July tax settlement to cover all the costs. Redeeming the bonds will allow the assets that exceed the amount needed for the call to be unlocked and made available to the street reconstruction fund. Conclusion These bonds have a call feature which allows the City to call them for immediate payment anytime on or after February 1, 2014. I recommend that the City Council consider the attached resolution which calls for the remaining bonds of the General Obligation Refunding and Improvement Bonds, Series 2004A to be redeemed on August 1, 2014. CONSENT AGENDA #4 Extract of Minutes of Meeting of the City Council of the City of Crystal, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Crystal, Minnesota, was duly held in the City Hall on Tuesday, May 6, 2014, commencing at 7:00 P.M. The following members were present: and the following were absent: *** *** *** Member introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 442677v1 MNI CR225-415 CONSENT AGENDA #4 RESOLUTION NO. RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2004A BE IT RESOLVED By the City Council of the City of Crystal, Minnesota (the "City"), as follows: 1. The City previously issued and sold its General Obligation Refunding and Improvement Bonds, Series 2004A (the "Bonds"), dated as of July 1, 2004, in the original aggregate principal amount of $2,045,000, of which $560,000 in principal amount is currently outstanding. Bonds maturing on or after February 1, 2015, are subject to call for prior redemption on February 1, 2014, or on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part, and if in part, at the option of the City and in such order as the City will determine and within a maturity selected by the U.S. Bank National Association, Saint Paul, Minnesota, acting as the registrar for the Bonds (the "Registrar"). Prepayments will be at a price of par plus accrued interest. 2. It is determined that it is in the best interests of the sound iinancial management of the City that Bonds maturing on February 1, 2016, and thereafter, comprising all of the Bonds subject to redemption, be prepaid and redeemed on August 1, 2014 (or on the first date thereafter for which the Registrar can provide proper notice to the holders of the Bonds), and those Bonds are hereby called for redemption on that date in the aggregate principal amount of $560,000. 3. The Registrar is authorized and directed to mail notice of call for redemption of the Bonds in the form attached hereto as EXHIBIT A to the registered owners of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. (The remainder of this page is intentionally left blank.) 442677v1 MNI CR225-415 CONSENT AGENDA #4 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. 442677v1 MNI CR225-415 CONSENT AGENDA #4 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $2,045,000 CITY OF CRYSTAL, MINNESOTA GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS SERIES 2004A NOTICE IS HEREBY GNEN that, by order of the City Council of the City of Crystal, Minnesota (the "City"), there have been called for redemption and prepayment on August 1, 2014 all outstanding bonds of the City designated as General Obligation Refunding and Improvement Bonds, Series 2004A, dated as of July 1, 2004, having stated maturity dates of February 1 in the years 2016 through 2020, both inclusive, totaling $560,000 in principal amount, and with the following CUSIP numbers: Year of Maturity 2016 2018 2020 Amount $195,000 185,000 180,000 CUSII' 229345 WG4 229345 WJ8 229345 WL3 The bonds are being called at a price of par plus accrued interest to August 1, 2014, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of Saint Paul, Minnesota, on or before August 1, 2014. If bv mail: U.S. Bank National Association Corporate Trust Operations, 3`d Floor P.O. Box 64111 St. Paul, MN 55164-0111 If by hand ar overnight: U.S. Bank National Association 60 Livingston Avenue EP-MN-WS3C Bond Drop Window, 1S` Floor St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Services (800) 525-8574 442677v1 MNI CR225-415 A-1 Dated: , 2014. CONSENT AGENDA #4 BY ORDER OF THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA By /s/ Chrissv Serres City Clerk City of Crystal, Minnesota 442677v1 MNI CR225-415 A_2 CONSENT AGENDA #4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF CRYSTAL ) I, the undersigned, being the duly qualified City Clerk of the City of Crystal, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, May 6, 2014, with the ariginal thereof on file in my office, and the same is a full, true, and complete transcript therefrom insofar as the same relates to the prepayment and redemption of the City's General Obligation Refunding and Improvement Bonds, Series 2004A, issued in the original aggregate principal amount of $2,045,000. WITNESS My hand as City Clerk and the corporate seal of the City this day of 2014. City Clerk City of Crystal, Minnesota (SEAL) 442677v1 MNI CR225-415 �� � �, c�ty �f c�yst�� Az� z�z 4141( Dc�uglas Qriv� �rystal, MN 5542Z Dear Kim: This is t� inform you that I am movin� out of th� City of Crysta( in June +af thisyear and am resigning as � valunteer of the Crystal Employee Review Board as of May 15t'. I want to thank everyone for their caaperation and friendship, and will forever look at this time that 1 spent with th� feliow valunteers and th� staff c�f Crystal as a tirr►� of learning �nd accomplishment. Sincerely ,- � 1��� �°t-�- ;��, ,���'� �'�� ��-�`:� Leslie Renschler ' , - . , - - I � • PUBLIC HEARING #1 COUNCIL STAFF REPORT — 2014 Alley Project Conduct Hearinq, Order Proiect, Approve Plans CITY of CIZYSTAL and Spec, Order Ad for Bids FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 6 City Council Meeting) DATE: May 1, 2014 RE: Project # 2014-07 Annual Alley Reconstruction Project INTRODUCTION AND BACKGROUND On March 18, 2014, the Council adopted resolutions receiving the feasibility report for the 2014 Alley Construction Project, and setting the public hearing to consider the project for May 6, 2014. The project consists of building concrete alleys along the alley rights of way for the alleys: parallel to Xenia and Welcome Avenues, and bounded by 43�d and 44t" Avenues; between and parallel to Welcome and Vera Cruz Avenues, and bounded by 44t" and 46t" Avenues; and between and parallel to Zane and Xenia Avenues, and bounded by 46th and 47tn Avenues, all in the Welcome Park Neighborhood. Chapter 429 of the State Statutes is to be used to assess approximately 60% of the project cost to the befitting property owners DISCUSSION If the Council adopts the attached resolution ordering the project, approving the plans and specifications, and advertisement for bids, the Council may be able to review the bids and consider contract award at the June 3 Council meeting. This schedule would allow the contractor to start work in early July. DRIVEWAY and SANITARY SEWER SERVICE REAPIR As with the street projects, property owners with garages off the alley will be able to participate in a driveway reconstruction and sanitary sewer service repair program where sewers are located within the alley right-of-way. PUBLIC HEARING #1 - . . - . -. . . - , _ . . �, �• ��� �� . . _ . - . . . . - -. . . - . .- .. . . . .t�, . - . , ,. , • • .... � :.... ♦ • . :• s • � i �- .. I � • . ��. 1 ' � ��. :i •�. •. : ��. • .... . . .. • � .� .: .. ..;'. � ' ' �� . ' •�. .. r . . � 'c i � � �� � i ' � ... •�. ' • . •� ' • .�•'. ... , . • . ' :..,, . .' � •�. ...' . '� ♦ f �.. . !�. - • •. � .. . ��.. � . �� . � � � , �:• ' ♦ i . .: y ' ' . � ' +. ...: . i � � � ' � � ' '. .i •. � • ` • ' �: . •�.. . � * , .; "..., . � � . � ..,:. .� ... � ��� ' • .'� :i .: " ' . • , i i • �� • . .: �. ' •: � ' • . i ����� • ! ' ,. i �. .. � •� : i . .. . • t �. • ' ! •. :• . � . • �:� i ' �� . � • .�. � • i '� • ' � •�. ' . i ' :. „ . .. . „ . . �� • • •� ��.. i .. ... • .. • • � ` :•� �� f . .. � a . .'.! '" � `�.. •.�� • �..��1 .,.. i I:Pubworks/pro�ects/2d14/2014-07Alley Recon/orderprjctprepadmem PUBLIC HEARING #1 RESOLUTION NO. 2014 - ORDERING PUBLIC IMPROVEMENT PROJECT #2014-07 ALLEY RECONSTRUCTION, APPROVAL OF PLANS AND SPECIFICATIONS, AND ADVERSTISEMENT FOR BIDS BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: Section 1. Back�round/findin�s 1.01. On March 18, 2014, the Council received the feasibility study as prepared by the City Engineering Department (Study) dated March 3, 2014, and set a public hearing on the Project for May 6, 2014 under the provisions of Minnesota Statutes, Chapter 429 (Act), regarding the construction of a new concrete alley along the rights of way for the alleys: parallel to Xenia and Welcome Avenues, and bounded by 43`d and 44t�' Avenues; between and parallel to Welcome and Vera Cruz Avenues, and bounded by 44t" and 46t" Avenues; and between and parallel to Zane and Xenia Avenues, and bounded by 46t�' and 47t�' Avenues. 1.02. A public meeting to discuss the Project was held at City Hall on Thursday, Februa�y 27, 2014. 1.03. Mailed and published notice of this public hearing was given in accordance with the Act. The public hearing was duly conducted on this date and all interested persons were given an opportunity to be heard. 1.04. The Council iinds and determines that it is in the best interests that the Project be constructed and financed as proposed in the Study. 1.05. It is found and determined that the Project has no relationship to the Comprehensive Municipal Plan. 1.06. It is found and determined that the present intent of the Council is to finance a portion of the cost of the Project by direct assessment to benefited property owners with the balance coming from the Storm Drain Utility Fund. Section 2. Orders/Authorizations 2.01. The Project as proposed in the Study is hereby ordered. 2.02. The Project is designated Improvement Project #2014-07 Alley Reconstruction Project. PUBLIC HEARING #1 2.03. The Project Plans and Specifications are hereby approved. 2.04. The Crystal Engineering Department and the City Manager are authorized and directed to advertise for bids for contracts for the construction of the Project in accordance with the Act. Adopted by the Crystal City Council this 6th day of May 2014. Jim Adams, Mayor ATTEST: Christiana Serres, City Clerk I:/pubworks/projects/2014/2014-07 Alley Recon/orderandadvtsres2014 PUBLIC HEARING #2 "TY°` MEMORANDUM CRY5TAL DATE: April 17, 2014 TO: City Manager Anne Norris Mayor and Council FROM: City Clerk Chrissy Serres CC: Police Chief Stephanie Revering City Attorney Mike Norton SUBJECT: Pawnbroker license application Background On February 19, 2014, we received a Business Information Form from Mr. Greg Daniel proposing to operate a new pawn shop business in Crystal located at 5508 West Broadway. The name of the proposed business is Bravo Financial, LLC. Mr. Daniel described that the proposed business "will establish a best-of-class pawn shop providing short-term loans to consumers and selling jewelry, electronics, tools and other products at strong value price points". The Business Information Form was reviewed by Community Development Director Patrick Peters and a response letter was sent to Mr. Daniel on February 20, 2014. The letter explained the requirements and recommended next steps pertaining to his proposed business in the following areas: planning and zoning, building permits, and licensing. Pawnbroker�plication Upon my arrival at work on March 17, 2014, I learned Mr. Daniel was waiting in the City Hall lobby for me to discuss his new pawnbroker license application. Mr. Daniel and I spoke on the phone approximately a week prior regarding questions he had about the pawnbroker license application packet as well as required fees. However, I was not aware of his interest to meet with me prior to his impromptu visit. My meeting with Mr. Daniel was short; however, we briefly reviewed his application and discussed the next steps in the licensing process. I informed Mr. Daniel that the process begins with the Police Department conducting a background check, wh�ich could take up to 30 days to complete. He did not seem pleased with that timeframe. I informed him that due to the nature of the proposed business and a required City Council public hearing, the license approval process could take up to 8 weeks to complete. During our meeting Mr. Daniel said that he wants to create a"new experience" for his customers and that he intends to be "a breath of fresh air" to Crystal and the pawn shop business. He also said he wants to be transparent throughout the licensing process and would provide us with whatever information we need. PUBLIC HEARING #2 While reviewing his application forms, Mr. Daniel informed me that Bravo Financial, LLC is the corporate business name and that a d/b/a had not yet been established. Mr. Daniel expressed a high degree of concern for confidentially with regard to his application documents, specifically pertaining to his financial information and the lease agreement with Crystal Gallery. I asked Mr. Daniel if he would be the manager of this business and he said he would be at first, but plans to hire more employees after the business is open. I then informed him that a background check and additional fees would be required for any new manager and other person(s) with a beneficial interest in the business. Mr. Daniel provided documentation that he intends to make cosmetic changes to the leased space and that there would be no structural changes to the premises. I advised Mr. Daniel to speak with Building Official Jack Molin about his renovation plans but was told that he had already spoken to Mr. Molin about any required permits. I reviewed the surety bond Mr. Daniel provided and informed him he would need to resubmit it with corrections. On March 22, 2014, Mr. Daniel provided me with a corrected bond via email. The Personal History section of the pawnbroker license application asks the applicant to list chronologically, the type, name and address of every business or occupation he/she has been engaged in during the preceding five years. While reviewing that section of the application, Mr. Daniel casually mentioned that he is an investor and has invested in several pawn shops in various cities. However, the information he provided on his application under this section only lists his history as an "investor" and being self-employed at home for the past several years. I informed Mr. Daniel that the City Attorney and I would need to review his application more closely. Since I was scheduled to be out of the office for the remainder of that week at a conference, I told Mr. Daniel that I would not be able to start the review process until the week of March 24. I also informed Mr. Daniel that once I receive the background information from Chief Revering, I would then contact him about a possible date for the City Council public hearing, in which he would need to be in attendance. He then stated he wanted the licensing process to move along as quickly as possible. After my meeting with Mr. Daniel, I forwarded Chief Revering Mr. Daniel's information to start the background check process. Lastly, Mr. Daniel told me that he had already spoken to Crystal Police Detective Jason Nolan earlier that day regarding the requirements and regulations for pawn transactions. After my meeting with Mr. Daniel, I had a conversation with Detective Nolan. Detective Nolan recapped his discussion with Mr. Daniel and shared that Mr. Daniel expressed an interest in selling/dealing with motor vehicles and firearms in conjunction with his proposed business. Subsequently, I shared this information with the Community Development Department because I thought there might be a potential zoning issue since this information was not included on the Business Information Form, even though the form requests disclosure of all uses being considered. As noted above, per my conversation with Detective Nolan, Mr. Daniel expressed an interest in dealing with motor vehicles, and per Chief Revering's memo, Mr. Daniel again referred to PUBLIC HEARING #2 the possibility of dealing with motor vehicles during their conversation. However, Mr. Daniel's responses to my emails regarding this topic are not in alignment with the information he shared with Chief Revering and Detective Nolan. The application does not state an intent to include motor vehicles in the business. However, my conversations with Mr. Daniel, in contrast to his conversations with Detective Nolan and Chief Revering, raise an important question whether Mr. Daniel intends to incorporate motor vehicles within his proposed business after receiving his license, which approved, will not authorize such activity. It appears Mr. Daniel disclosed his background and business plans more in depth with Chief Revering and Detective Nolan. During my meeting with Mr. Daniel, and on his application, he failed to disclose that he was one of the previous co-owners of Max it Pawn in Crystal and that he held a City of Crystal pawnbroker license for that business from November 2008 — April 2012. The application specifically calls for disclosure of such information, and the fact that none of his previous Crystal pawnbroker license history and prior related business activities elsewhere was included in his new application for license is disturbing. As noted in Chief Revering's memo, there were extensive problems with compliance with the pawnbroker ordinance by Max It Pawn which were not finally resolved until after the business was sold to EZ Corp. A complete picture of prior licensing history and related business activities is an important consideration in the decision whether to recommend an applicant for a new or renewal license. These errors and omissions by Mr. Daniel of critical information relating to his previous status as a licensee completely within his knowledge are disturbing, given their importance in the review process and the protection of the public. Recommendation In consideration of Chief Revering's memo, conflicting information relating to the possible pawn of motor vehicles, and Mr. Daniel's lack of transparency and conflicting information on critical prior licensing history necessary to conduct a thorough review of an application in order to protect the public, I concur with Chief Revering's recommendation that the Council not issue a pawnbroker license to Mr. Daniel. ' i � : ► \ _ : �;, COUNCI� - STAFF REPORT �����°��� Public Hearinq: May 6, 2014 Councii Meeting ����� �iquor license fees FROM: Chrissy Serres, City Clerk TO: Mayor and City Council City Manager Anne Norris CC: City Attorney Mike Norton DATE: April 25, 2014 RE: Liquor license fees Back_. rg ound Over the past several months, the Council has had discussions regarding proposed liquor license fee increases. Staff suggested the fee increases in consideration of the costs associated with administering the liquor licensing program. Upon Council request, below is an estimate of department staff time and costs incurred to process liquor licenses. On average, the city's reasonable estimate of staff time and costs equates to approximately $2,000. The average cost estimates reflect a seamless liquor licensing process from start to finish, however that is an uncommon occurrence with liquor licenses. De artments Avera e Time Avera e Costs Communit Development 1.5 - 3 hours $100 -$200 Administration 12 - 18 hours $650 - $1,000 En ineerin IGIS 1- 2 hours $50 -$100 Police 6 - 8 hours $450 - $800 West Metro-Fire Rescue District 1- 2 hours $60 -$120 Cit Attorne 1- 3 hours $150 -$450 Total 22.5 - 36 hours $1,460 - $2,670 Average 29 hours $2,065.00 In addition to processing the license, staff time is also required to manage compliance checks and enforcement action, maintain accurate records, and provide extra follow-up assistance to licensees as necessary. As is often the case with liquor licenses, staff time varies depending upon a variety of factors including specific business license requirements and special circumstances that may arise throughout the process and license period. The City Clerk, Police Department, City Attorney, and Finance Department are regularly included in the above regulation and management of the licenses. As such, the cost for additional staff time can range from $4,000 -$6,000. ' i � : ► \ _ : To more accurately reflect costs associated with administering the liquor licensing program, staff proposes the following fee increases: • Increasing the annual fee for on sale 3.2% malt liquor from $522.50 to $550.00. • Establishing a flat fee and increasing the annual fee for on sale wine to $2,000 (the current fee structure is tiered, $500.00 -$1,000.00, and based on premises seating numbers). • Increasing the annual fee for off sale 3.2% malt liquor from $50.00 to $100.00. Lastly, liquor licensing fees for neighboring cities are fairly consistent with the above proposed fee changes. Per City Code, liquor license holders of the above licenses were notified by mail 30 days prior to the public hearing regarding the proposed fee increases. Council action requested Adoption of the attached resolution amending Appendix IV of the Crystal City Code relating to liquor license fees increases. ' i � : ► \ _ : 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 1'7, 2013; and WHEREAS, the City Council conducted a public hearing on proposed changes to liquor license fees as required by City Code; 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: • On sale 3.2% malt liquor license annual fee is set at $550.00. • On sale wine license is set at an annual flat fee of $2,000 for all establishments holding such license. • Off sale 3.2% malt liquor license annual fee is set at $100.00 Adopted by the Crystal City Council this 6� day of May, 2014. Jim Adams, Mayor Chrissy Serres, City Clerk RE(iULAR A(iE�DA REGULAR AGENDA #1 COUNCIL STAFF REPORT CITYof proposed Winnetka Hills Mill and Overlay CRYSTAL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 6 City Council Meeting) DATE: April 30, 2014 RE: Order Feasibility Study - Project #2014-21 Phase 1 Mill and Overlay INTRODUCTION Attached is a location map for the Winnetka Hills Phase 1 Street Reconstruction Project, built in 1995. The street projects are designed for an initial 20 year life with a replacement of the top 2 inches of asphalt in the 20th year to extend the life of the street an additional 10 years. Subsequent mill and overlays (M & O's) would be done based on overall condition of the pavement. Based on 20 years, 2014 would be the time to replace the pavement surFace in the Phase 1 area. In order to proceed with the project it is necessary for the Council to order a Feasibility Study. DISCUSSION In 2013, the Council included this asphalt road Winnetka Hills neighborhood M& O in the 2014 Street Maintenance Fund Budget. This Fund is for cash flow purposes and there are no funds programed in the budget to directly subsidize the project costs. Ordering the feasibility study at this time does not commit the Council to building the project in 2014 and/or funding it with the proposed 100% assessed method. The attached preliminary schedule details the subsequent actions that have to be taken prior to awarding a contract. In 2010, as part of the 36t" Avenue M& O Project, the Council developed a policy for using the special assessment authority of the City to fund future local street M& O projects. The adopting resolution and policy are attached. The policy adopted in 2010 is for local streets previously rebuilt and assessed as part of the Street Reconstruction Program. The policy specifies that the full cost of the M& O projects would be special assessed to the benefiting property owners. For this year's Phase 1 project, there are 489 properties that would receive a full assessment, and 11 REGULAR AGENDA #1 corner properties with one side fronting on a street that is not part of the project, that would receive a one half assessment. While a feasibility study has not been conducted, an approximate cost estimate indicates that a full assessment would be approximately $1,975 to be assessed over a yet to be determined 10 or 15 year period. Sample amortization schedules for these two timeframes are attached. They show the impact on a single family home property tax statement. There are no commercial/industrial/non-profit properties in the project area. RECOMMENDATION If the project is to be built during the 2014 paving season, it would be necessary to adopt the attached resolution at this time, ordering the preparation of the Feasibility Study. Respectfully s it d, � � Thomas A. Mathisen City Engineer i:/pubworks/projects/2014/2014-21 Winnetka Hills Phase 1 Mill Overlay/orderfeasmem REGULAR AGENDA #1 RESOLUTION NO. 2014 — ORDERING PREPARATION OF FEASIBILITY STUDY FOR WINNETKA HILLS PHASE 1 MILL & OVERLAY PROJECT #2014-21 WHEREAS, the streets in the Winnetka Hills Phase 1 Street Reconstruction Project area were rebuilt in 1995, and the top layer of asphalt has outlived its useful life and is in need of replacement by a mill and overlay project; and WHEREAS, in 2010 the Council adopted an assessment policy for funding such projects, and the Council has an interest in taking the next step in project development by ordering a Feasibility Study. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the Crystal Engineering Department prepare a feasibility study for the mill and overlay of the Winnetka Hills Phase 1 project area. A portion of the cost of the said work would be included in an assessment to benefiting properties pursuant to Minnesota Statutes, Chapter 429. The feasibility study is to involve milling 2" of asphalt pavement and overlaying with a new asphalt wear course. Adopted by the Crystal City Council this 6`�, day of May 2014. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk i:/pubworks/projects/2014/2014-21 Winnetka Hills Phase 1 Miil Overlay/orderfeasres REGULAR AGENDA #1 ��� , � m � � � � '�: � �_. � - _ � � �, ; � � �� �� _�_ � � x � N a�v Hvin � w � o � - x Z � � Z � $_ Q � �- __ _. � �biNi��in � � � ° - � �: - � _$ �_ a � 't � �m -: $ � $ $ tu "s ! �--- a ViRGIN1A $ "— M � g-.. q g m z 0 """"" _ $ ... $._ - '�m m ' o � M - ?' ..."'_^ __ Q � O _ _ ..._-_. M x � -.m $___ a � � ! a � � ',. � W INNETKA AVE N �j��'"�� --a 1 � v � � �..� �'1 � � � � f � \� _ _.� m _ 1 " 4 _ $ -- � - — �j � � � � x � m ' J W ISCONSIN AVE N � f � 'm � ; � ,�� � x',� � �;� "a z w d � � rMi � W � a � � � N �RH HyI13NNIM ` � � r"I�! a��;, ���� '��� ���i'�C�� � ,, m � _i___ � � , _ � _ -- — - � � m o m ; � � � -�- $ � S � � a � � � ` � � � —�- i U7AH AVE N � „ � � � , � � �; $ M � � � � � # - m � � � � � -- -- ^ _- � --- -- - - . H: h " � $ s � $ " � � . � � — ��° `, � � �`�� a �� # ��� � $ l- $ - � $ _ INI�J211l� -� � $ � $ z „ ' W a o."_ rv ^ � M ', � � � � � - � __ � — -- d � o� .. ., :- � _ .- :.m � . . '-- " " � � — � :m g q -.._. � � R �.A�R f�m _ m __. o « m C � m � o � � - ..� �R � � _ . H m N__ « ,� � `m � � _.. - m m m m._ _ t----,--, r-`"" ,`_`\ �� o� r � � XYLON AVE N � � �_ �_. �_... ,:� � -- � "a � '-Z � $ W � -- Q � " � �--_. o Z � � N J',-$ __._._- M a � : � .. Z M d �!,� YUKON AVE N M � � t"X � i._ __ �_ � FY .___'�'""_ � � j �-,�p .I � 1 • � t t • � • i � � � � � • • +r • • � � � ��., -. o� Z REGULAR AGENDA #1 2014 WINNETKA HILLS PHASE 1 MILL & OVERLAY PROJECT 2014-21 SCHEDULE 4/15/14 MAY May 6 Work session with Council prior to meeting on assessments May 6 Order feasibility study May 15 Send hearing notice to Sun Post for May 22 publication May 20 Receive feasibility study, order public improvement hearing May 21 Mail public notice, neighborhood meeting and hearing May 29 Neighborhood meeting JUNE June 3 Conduct hearing, order project and prep of Plans & Specs June 17 Approve Plans & Specs, order ad for bids June 19 Ad for bids to Sun Post, Journal, QuestCDN JULY July 8 July 15 SEYTEMBER September 16 September 18 OCTOBER October 1 October 21 October 22 Open bids Consider bids, award contract Order assessment hearing for October 21 Send hearing notice to Sun Post for October 2 publication Mail public hearing notices Conduct public hearing, certify assessment roll Mail payment due public notices l:pubworks/Projects/2014/2014-21 Winnetka Hills Mill & Overlay/Project Schedule 4 15 14 REGULAR AGENDA #1 RESOLUTION NO. 20].0 — 48 ADOPTING ASSESSMENT POLICIES FOR 2010 36� AVENUE AND FUTURE STATE AID AND LOCAL STREET MILL AND OVERI�AY PROJECTS WF�REAS, due to normal wear and weather related deterioration, it has become necessary to perform a mill and overlay project on the State Aid Street 36�' Avenue in the Year 2010, and it is therefore necessary to develop a funding mechanism for said project, and it has been detet�nined that a special assessment for a portion of that funding is appropriate; and WHEREAS, the City has no previously established assessment policy for mill and overlay projects, however there are esiablished policies for sirnilar street related projects as shown in Exhibit A; and W�REAS, the affected properties in tb.e 36�' Avenue project have not previously been assessed for street reconstruction other than a mini.mal amount for curb and gutter and sidewalks in ihe early 1990's, yet all properties on the adjoining side streets have since been assessed for full street reconstruction, and therefore it is desirable to treat the 36th Avenue properties in a similar fashion; and ..` '. .> WHER.EAS, in previous fizll street reconstruction projects, single family/duplex pxoperties received an approximate 30% reduction in the assessment by using State Aid, Storm Drain Utility, and other funding sources, and corner lots abutting 36�' Avenue have previously been assessed in the manner described in Exlubit A; and WHEREAS, ii is desirable to develop a 36�' Avenue assessment policy that can be modif ed to apply to future State Aid and local street mill and overlay prajects. NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council: 1) The properties abutting 36th Avenue sha11 be assessed in a manner similar to a full street reconstruction project, howevex such assessment sha11 be based on the lower actual cost for said mill and overlay project. 2) 36�' Avenue cozner sin.gle family/duplex properties with driveways on 36�` Avenue shall be assessed at one-half the unit assessment rate because these properties have previously been assessed one-haif a unit street reconstruction rate. ' 3) Similarly, 36�' Avenue corner single family/duplex properties with driveways on the side street sha11 not be assessed for the 36th Avenue project because these properties have previously been assessed one full unit sireet �} reconstruction rate. REGULAR AGENDA #1 ����� 4) Commercial and non-profit properties shall be assessed for the full cost of the project based on a per front foot unit cost for the entire front footage abutting the project area. 5) The assessment policy for the 36�' Avenue project shall be as described in Exhibit B. 6) The assessment policy for future mill and overlay projects on State Aid and local sireets shall be as described in Exlubit C. 7) Tn the future, when it is necessary to either mill and overiay, or reconstruct portions of 36�' Avenue, assessment rates £or both commercial and non-profit, and single farnily/duplex properties shall be determined based on the most recent large mill and overlay or reconstruci projects respectively, adjusted for inflation, as if 36�` Avenue were a standard 32 foot wide State Aid Street in the City. Adopted by the Crystal City Council this 1 S` day of June, 2010. // '•�,, � � . .. - C• i. '�. • ATTEST: L�:� J et Lewis, City Clerk �`••�� I:Pubworks/projects2009/36 overlay/adoptassmntpolicyres REGULAR AGENDA #1 EXHISIT C CITY OF CRYSTAL SPECIAL ASSESSMENT POLICY FOR THE NIILL AND OVERLAY OF STATE AID AND LOCAL STREETS (EXCLUDWG THE 2010 36TH AVENUE PROJECT) June 2010 Total mill and overlay construction cost includes contractor and material costs for asphalt and curb and gutter and sidewalk repair, plus feasibility, engineering design, legal, �roject management, bonding, levy, and other related costs. Front footage is measnred at the property line. Front footage is a measarement based on both sides of the street, not street centerline footage. l. Non-corner singie famiiy/duplex properties are assessed on a per unii cost based on total project construciion cost per front foot for the entire project. The total single family/daplex properties front footage times the cost per front foot divided by the number of net whole single family/daplex properties determines the cost per unit. In determining the cost per unit, corner lois with only one side being overlayed are counted as Qne-half unit, and corner lots with both sides being overlayed are counted as a full unit. 2. Single family/duplex corner properties are assessed at the same unit cost as for non-corner pronerties. These properi;ies receive a full unit assessment if both sides are being overlayed, and one-haIf unit if only one side is being overlayed. 3. 36t�' Avenue Frontage Excepetaons: Corner lots with driveways frouting on 36th Ar�enue are assessed at one-half of the side street rate when the side street is overiayed. Corner lots with driveways fronting on the side street are assessed one fail unit when the side street is overlayed. 4. CommerciaUnon-profit properties (including churches} are assessed based on total riroject construction cost per front foot for the entire project times the nnmber of front feet for a given parcel. 5. CommerciaUnon-profit corner properties are assessed based on the entire front footage of both sides of the property. T:/pubworks/projects/ZOU9/36thOverlay/Assessm entpolicies2 REGULAR AGENDA #1 Report Name: Assessment Payment Calculator City of Crystal Printed: 4/24/2014 Assessment Payment Calculator Original Assessment: $2,000.00 ayment Term: 10 Interest Rate: 5.0000% ]st Yr. Payable: 2015 Amortization Type: Standard Total Assessment: $2,000.00 Pavment # 1 2 3 4 5 6 7 8 9 10 Year 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Principal Amt $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 Partial Payments: $0.00 lst Yr. Int. Months: 14 Levied Date: 10/7/2014 Total Principal: $2,000.00 Total Interest: $566.66 Grand Total: $2,566.66 Interest Amt $1 16.66 $90.00 $80.00 $70.00 $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 Pavment Amt $316.66 $290.00 $280.00 $270.00 $260.00 $250.00 $240.00 $230.00 $220.00 $210.00 Remainin� Balance $1,800.00 $1,600.00 $1,400.00 $1,200.00 $1,000.00 $800.00 $600.00 $400.00 $200.00 $0.00 Rcport Namc: Asscssmcnt Paymcnt Calculator Original Assessment: $2,000.00 Payment Term: 1 Iuterest Rate: 5.0000%� lst Yr. Payable: 2015 Amortization Type: Standard Total Assessment: $2,000.00 YaVment # 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 Year 2015 201( 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 REGULAR AGENDA #1 City of Crystal Printcd: 4/zaizoia Assessment Payment Calculator Princival Amt $133.33 $133.33 $133.33 $133.33 $13333 $133.33 $133.33 $133.33 $133.33 $133.33 $133.33 $133.33 $133.33 $133.33 $133.38 Partial Payments: $0.00 lst Yr. Int. Months: 14 Levied Date: 10/21/14 Total Principal: $2,000.00 Total Interest: $816.68 Grand Total: $2,816.68 Interest Amt $11(.66 $93.33 $86.67 $80.00 $73.33 $66.67 $60.00 $53.33 $46.67 $40.00 $3334 $26.67 $20.00 $13.34 �6.67 Pav�nent Amt $249.99 $226.(C, $220.00 $213.33 $206.66 $200.00 $193.33 $186.66 $180.00 $173.33 $166.67 $160.00 $153.33 $146.67 $140.05 Remaining Balancc $1,86(.67 $1,733.34 $1,600.0 l $1,466.68 $1,333.35 $1,200.02 $1,066.69 $93336 $800.03 $666.70 $533.37 $400.04 $266.7I $133.38 $0.00 REGULAR AGENDA #2 ' C�TY'°� 2��14 �anitarv �ewer Lininq F'roiect CAYSTAL . � • . . r � i � - • : • `' - • • - • . .•- w . . • .. �, ' � • • • - ' . . • • - , r • • - + • • : • - - � % '' • ' • - • 1 • i: . •. • - • r• r - .:• . s • . , . , . , . _ . �r� i iiI • ••. •� a � I - - ' •. i, a s. -• -• • • - - • . � ► . . ; -- '- • • ` • - . -. . -. • . . - - . ` _• . . �• r . • :• : . - • •- - - -• . •. •` - ' . - : ' • - . • .r. ..:. � � � ��. � .:�� . �.:�. • . � • - ! -� • . ' .� • � �.• i ^ • �� . �� .. �� .. � � .,. . • ... .' ' •. � . .,� � �� r.� �..i ' . :•.. � ��: . .: � ..� + �: „ .. . . • �' ' ' . �:�� i . . -i '� .�� . • ��.. ' f � i ' ' � .. � � �. �.. . � �. :... ' • : i • `� �. ... ` � �" ' i :.: .: �. ' • •: .• � .. • ' • ' ' � i ` i . ' i. :• ' • ' .' �' � ' • . � ' � . •: �� ' • ` • �' • .� ' • , i. • • ��� ' . .: ` i�. " * �. � � • �� _: i • • .. •: . . ' , • i '� i � . ,.. � .. . • . * ' �. .... � r: ! • •� ' � " . . -• • • . • .,,, 1!i •- -r -• • •- • ♦ - -• • i- _ •- i � R pectfully su tte , ��. Thomas Mathtsen City Engineer I:/pubworksiprojectsl2014t2014-08 CIPP Lining/orderadmem2014 REGULAR AGENDA #2 � . . � N 1 o aoo aoo Feet REGULAR AGENDA #2 RESOLUTION NO. 2014 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING AD FOR BIDS - PROJECT NO. 2014-08 CIPP SANITARY SEWER LINING PROJECT 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 (#6504 -$450,000) 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 area located in the Forest South, Phase 8 Street Reconstruction Project area, have been prepared by the Engineering Department and the estimated cost is $445,000. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the plans and specifications for the 8-inch Cured In Place Pipe (CIPP) lining project and orders the advertisement for bids. Adopted by the Crystal City Council this 6th day of May 2014. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk I;pubworks/projects/2014/2014-08 CIPP Lining/orderadres � CITY:.of CIiYSTAL COUNCIL STAFF REPORT Public Works Facility 5001 West Broadway REGULAR AGENDA #3 FROM: John Sutter, City Planner/Assistant Community Development Directore��'�-� DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director ,/,� DATE: TO: May 1, 2014 Anne Norris, City Manager (for May 6 meeting) SUBJECT: Consider authorizing land use applications for a new public works facility at 5001 West Broadway On January 7 the Council authorized the acquisition of five parcels from 4947 to 5101 West Broadway for the purpose of constructing a new facility for the city's Public Works Department which includes street, utility and park maintenance operations. The city anticipates having full ownership and site control in mid-May, followed by demolition of the existing buildings in June and construction of the new facility starting in August. Completion is anticipated in summer 2015. City staff and the city's architect, Kodet Architectural Group, presented a preliminary site plan and building perspectives at an open house on April 21 at the Crystal Community Center. 104 open house invitations were mailed on April 10 to a radius of 700 feet from the site. Five neighborhood residents, one commercial property owner and a representative from Washburn-McReavy attended the open house. The commercial owner and Washburn-McReavy were generally supportive of the project, with Washburn-McReavy being especially interested in enhanced landscaping west of the site. Of the five residents, three were generally supportive of the project, and two were strongly opposed due to concerns about noise, traffic, screening and the general image presented by the facility along West Broadway. Based on the open house conversations and subsequent discussions among city and Kodet staff, the preliminary site plan and building perspectives have been updated. The following items are attached: A. 2012 aerial photo (wide view) B. 2012 aerial photo (detail view) C. Preliminary building perspectives D. Preliminary site plan PAGE 1 OF 2 REGULAR AGENDA #3 The site is zoned C-2 General Commercial and the proposed facility is a permitted use except for the cold storage/covered bins along the west side of the site and the proposed 8 foot high screening wall/fence along the south setback line which require conditional use permits. For the project to proceed, the Council would need to authorize the preparation and submittal of land use applications to include the following: • Site and building plan review • CUP for cold storage and covered bins • CUP for an 8 foot high screening wall or fence along the south setback line • Variance to reduce the building setback from 30 feet to 10 feet along West Broadway • Variance to allow 80% coverage instead of the standard 75% maximum • Vacation of excess Fairview Avenue right-of-way at the southeast corner of the site • Vacation of a street easement recorded as document #755065 (would have been part of the east half of Zane Avenue north of Fairview) Staff requests Council authorization of the land use applications. If the Council authorizes these applications, then the Planning Commission would hold the public hearing on June 9 and the Council would take action on June 17. PAGE 2 OF 2 REGU�AR AGENDA #3 Attachmenf A m P1 i� C�9p'i 18-� 1 g�4-{�01 � 5101 W��fi �roadw�y Voluntary a�;quisiti�n closed on March 3i, ?_014 - - � . . G. � ► G . . PID 09-118 21-24-0016 & Ot)�� 5027 and 5025 West Broac�v�r<ay Voluntary acquisition closed on March 7, 201� P I D 09-118 21-24-0018 �E�17 West Broadway Gity takes title an May $; 201� by condemnation (eminent dom��in) PID 09-118-21-24-0061 ` 4947 West Broadway Volu'ntary acquisition clos�d �n March 24; ?_014 � � ,, ,. _ �.�,�.� ` � Y Y�# ;S � AftaChl'I`12r1f B � REGULAR AGENDA #3 °� � ,,� � � i �� ;� �e ay � . . .. . . . . ..... .. ..... .... � .. . ... . .. . . .. . . . .. .. . .. ... . ... . . . ..... . . . . .. . . .. . . . . ...... .. . .. ... . . . .. . . . .. . .. . . .�E€ � F . . . . . . .. . . . .� i � � �. . � �. �. � . .. � . � .. � .. . .. � .. . � .. . � . .. � �.� .� .� .. ... � �. � �aa .g� � . . . . . . . . .. . . . . � � �F � ,..,� t fi� K� �, _ ���� v . �. ,: ru. , .::, fl ,. . ,. , ,,;,.,�,� .: ; . , uti cx � �,,,: W�xsu •�� ay�� ;} ��; ,i},u _ ' � r, �, � ��, . _ u � � 'i�'�; , . �� > , � �. ��� ���� � �" � � ,,f �� e . � . � � a x �, {,.r R . 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S6'� +��' . � '� fr' '� � � i � �. /t � j � J/f �f/ � ' �,' /��f/� { �,���%i,f%r%i� Kodet Ar�hi�ectural Grc�up, �td, O 2014 ' �, � 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 TeL• (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTA� CITY COUNCIL SECOND WORK SESSION AGENDA Posted: May 2, 2014 Tuesday, May 6, 2014 To immediately follow the Regular City Council Meeting Conference Room A 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 p.m. on Tuesday, May 6, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Libby Peak Selton Adams Norris Therres Revering Mathisen Budziszewski Peters Deshler Norton Hoffmann Serres I1. Aqenda The purpose of the work session is to discuss the following agenda items: Bassett Creek Watershed o Proposed amendment to Joint Powers Agreement o Medicine Lake controlled lake level Public Works facility project update I11. 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 least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. COUNCIL STAFF REPORT CITYo� gassett Creek Watershed Issues Work Session CRYSTAL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 6 Council Work Session) DATE: May 1, 2014 RE: Comments on Joint Powers Amndmnt & Md Lake Level Control The Bassett Creek Watershed Management Commission is seeking comments from the nine member cities city councils on the following two items: Proposed amendment to the Joint Powers Agreement (JPA) between the cities. Medicine Lake dam/control structure and control elevation. Attached is a draft amendment to the Joint Powers Agreement by which the Bassett Creek WMO (BCWMO) was originally formed. The existing JPA expires in 2015. For the BCWMO to continue to operate in its current form, it will be necessary for the Council to adopt the amendment by the end of 2014, extending the JPA another 10 years to January 1, 2025. Also attached is a history of Medicine Lake water levels from the perspective of the BCWMO, along with comments from Crystal Commissioner Guy Mueller. A number of lakeshore property owners, along with an apparent majority of the City of Medicine Lake City Council, are spearheading a movement to study raising the control elevation of the lake as a defense against low lake levels during dry weather conditions. Undertaking such a study and any potential follow-up project has many legal, cost, and practicality issues. Staff and Commission Mueller will be at the work session to discuss the issues and answer questions. Re - tfully sub itted, b Thomas . Mathi n - City Engineer i:/pubworks/watersheds/Bassett Creek/JPA/Work Session May 6 2014 Item 7D. BCWMC 2-20-14 AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A BASSETT CREEK WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF BASSETT CREEK THIS AMENDMENT is made and entered into as of the date of execution by all of the cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Plymouth, Robbinsdale and St. Louis Park, Minnesota (hereinafter collectively referred to as the "Parties"). WITNESSETH: WHEREAS, the Parties entered into a Joint Powers Agreement entitled the JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A BASSETT CREEK WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF BASSETT CREEK (the "Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement established the Bassett Creek Watershed Management Conunission (the "C01111111SS1011"), a watershed management organization pursuant to and in accordance with the Meh•opolitan Surface Water Management Act, Minn. Stat. § 103B.201, et seg., and Minn. Stat. § 471.59; and WHEREAS, the Joint Powers Agreement, as amended, expires by its ter�ns on Januaiy 1, 2015; and WHEREAS, the Parties have determined that it is reasonable, prudent and in the best interest of the public to extend the term of the Joint Powers Agreement as hereinafter provided. NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements hereinafter set forth, the Parties agree as follows: follows: Article X, Subdivision 1 of the Joint Powers Agreement is amended to read as Subdivision l. Each member agrees to be bound by the terms of this agreement until January 1, 2025, and it may be continued thereafter at the option of the Parties. 2. Ai-ticle X, Subdivision 2 of the Joint Powers Agreement is amended to read as follows: Subdivision 2. This agreement may be terminated prior to January 1, 2025, by the unanimous consent of the parties. If the agreement is to be teiminated, a notice of the intent to dissolve the Commission shall be sent to the Board of 418467v2 CLL BA295-I Water and Soil Resources and to Hennepin County at least 90 days prior to the date of dissolution. Except as modified herein, the Joint Powers Agreement shall remain in full force and effect. 4. This Amendment shall be effective upon approval by the City Councils of all of the Parties and the execution of this Amendment by all of the Parties. Upon receipt of certified copies of resolutions approving this Amendment and copies of the Amendment executed by all of the Parties, the Secretary of the Commission shall supply to the City Clerk of each of the Parties a copy of the resolutions and of the signed Amendment. 5. This Amendment may be executed in several counterparts, each of which, when assembled to include an original signature for each of the Parties, will constitute a complete and fully executed original. IN WIT`NESS WHEREOF, the undersigned, as duly authorized by action of their City Council, have caused this Agreement to be executed in accordance with the Authority of Minn. Stats. §§ 103B.211 and 471.59. [SIGNATURE LINES FOR CITY OFFICERS TO BE ADDED WHEN AMENDMENT IS IN FINAL FORMAND READYFOR ADOPTION] 418467v2 CLL BA295-1 2 Bassett Creek Watershed Management Commission History of Medicine Lake Water Level Issue with BCWMC (Updated March 2014) October 2009: Memo from BCWMC to AMLAC on recent low water levels. Barr prepared a memo that reported on lake levels throughout the metro area as well as precipitation data. The memo also noted the level of the dam would not have an effect on the drought conditions in the lake. June 2010 BCWMC Meeting: Responding to a request from the City of Medicine Lake to conduct hydrologic/hydraulic analysis and environmental assessment of the Medicine Lake Dam at Bassett Creek. The Commission directed Barr Engineering to meet with the Medicine Lake City Council regarding the issue and to provide an estimate of costs for further study. August 2010 BCWMC Meeting: Memo provided by Barr reported on the meeting with Medicine Lake. There was discussion about forwarding the issue to the Technical Advisory Committee. However, the Commission took a motion to not forward the issue to the TAC. (In the past, the TAC recommended that dredging of Medicine Lake to improve water quality and provide better access not be added to the Commission's CIP program.) November 2011: Written request from AMLAC to create a document that combines all pertinent data and information regarding the dam for broadcast among residents so that facts could be succinctly and accurately conveyed. January 2012 BCWMC Meeting: In response to the above request, some discussion but tabled to March 2012 meeting. March 2012 BCWMC Meeting: Much discussion about the Commission's role in this issue related to the priorities of the organization (flood control and water quality) and which entity should be responsible for contacting the DNR about the project. No action taken. August 2012: Request from AMLAC to install controllable weir at ML dam (via email). October 2012 BCWMC Meeting: Information presented on the dam and history of the water level issue. BCWMC discussed the issue and recommended that AMLAC work with cities of Plymouth and Medicine Lake and Hennepin County to discuss and determine "hurdles" before bringing a proposal to the BCWMC because conversations with those entities pre-empt the Commission. The Commission also noted that communication with the DNR is vital. June 2013 Watershed Summit and Survey: The majority of the attendees prioritized the dam issue as their rnost important issue in the watershed. Multiple survey respondents commented on the degraded recreational capacity of Medicine Lake and low water levels. c:\users\tmathisen\appdataUocal\microsoft\windows\temporary internet files\content.outlook\nabblrya\history of ined Ik water level issue updated mar 2014.docx Recipient Date Page 2 September 2013: Commission Administrative Services Committee directs Commission Administrator to poll all Medicine Lake stakeholders regarding their priority concerns. (Compilation of responses here: http•//www bassettcreekwmo or�/Medicine%o20Lake/MedicineLake-Home.htm) November 2013 BCWMC Meeting: Commission approves process for moving forward on the issue and sends a letter to all stakeholders indicating the Commission's plan to: 1. Continue to gather information from all stakeholders on the issues within the lake, where they are occurring, what uses are being impacted and how each stakeholder prioritizes the issues. 2. Direct Commission Engineer to develop a list of components needed to study raising water levels and a ballpark figure for completing such a study in order to inform the issue. 3. Host a large meeting or summit of ail stakeholders early in 2014 (facilitated by a third party) in order to share information and ideas, dispel miscommunication, hear from experts to learn more about issues and how they could be addressed, decide together on the next possible steps January 2014 BCWMC Meeting: Commission receives "List of Components and General Budget for Study of Outlet Modifications" from Commission Engineer. http•//www.bassettcreekwmo.org/Meetin�s/2014/2014- January/6Ciii Med%20Lake%20outlet%20study%20costs.pdf March 4, 2014: Commission hosts Medicine Lake Stakeholder Meeting at Plymouth City Hall. Meeting includes third party facilitator, presentations from several technical experts, small group discussion on the issue. (36 attendees; 18 of which were lake homeowners) http•//www bassettcreekwmo or�/Medicine%20Lake/MedicineLake-Home.htm March 19, 2014: AMLAC Board requests that the Commission form a task force, comprised of a representative from each stakeholder, to study and gather facts & data about the possibility of installing a variable weir at the Medicine Lake dam such that water is retained for longer periods. clusers\tmathisen\appdata\local\microsofi\windows\temporary intemet files\content.outlook\nabblrya\history of ined Ik water level issue updated mar 2014.docx Tom Mathisen From: Guy Mueller <guymuellerl@gmail.com> Sent: Friday, March 28, 2014 4:26 PM To: Anne Norris; Jim Adams; 'Dan Johnson'; Tom Mathisen Subject: Medicine Lake Water Levels--Basset Creek Watershed Management Commission (BCWMC) Attachments: History of Med Lk Water Level Issue Updated Mar 2014.docx Dear Jim, Anne, Tom, and Dan: The Bassett Creek Watershed Management Commission (BCWMC) is seeking guidance from its respective member cities, including Crystal, concerning the issue of whether or not and, if so, how to increase water levels in Medicine Lake. I included Dan Johnson on this email, because he was the prior appointed commissioner for the BCWMC and he may some thoughts to share on this matter. If corrections or clarifications are needed in any of the background information that I present below are needed, please let me know. Replacing the fixed dam at the outlet of Medicine Lake with a variable weir is a concept supported by many members of AMLAC (Association of Medicine Lake Area Citizens), most of whom are shoreline property owners. The proponents believe that higher water levels will improve the recreational qualities of the lake for swimming and boating, and they want the BCWMC to take ownership of this issue. The objective would be to manage the outlet flows in a manner similar to that of Lake Minnetonka's variable outlet structure at Grays Bay, which is the source of Minnehaha Creek. In addition to recreation, the weir could be lowered in the fall in anticipation of the spring "bounce" and thereby possibly mitigate spring-time downstream flooding risks, which would be a benefit to some Crystal residents and property owners. Making changes to the outlet dam is a complicated issue that involves numerous legal, engineering, and political requirements, including approval by the DNR and, if flowage easements are required, consent from ALL shoreline property owners. The dam itself is owned by Hennepin County, not by the BCWMC. Surveys, studies, and environmental impact analyses would be required. If water levels are increased, some shoreline property owners might be subject to increased flooding risk and thus logically refuse to sign off on any required easements. Excessive restriction of lake outlet flows during droughty periods might dry up the creek and thus adversely impact the downstream watershed's aesthetic and ecological attributes. Moreover, given the huge water losses through direct evaporation, there is some concern that plugging the dam might be insignificant in its contribution to retaining water levels during prolonged hot, dry spells. Aquifer depletion is another variable possibly affecting lake water levels. Finally, if the BCWMC were to be responsible for operating an adjustable weir, significant ongoing operating expenses would be involved—qualified personnel, legai, insurance, etc. Focus on this project, both the engineering studies and the capital costs, would probably mean the deferment of other projects in the watershed. Although the BCWMC has considered the Medicine Lake issue at some length and has obtained input from various stakeholders, the Commission has yet to formulate a formal policy or strategy for dealing with it. For a history of the Commission's involvement with the Medicine Lake issue, see the attached document. Even though the BCWMC has taken many constructive steps (see attached), I believe that it would be prudent for the Commission to take a stronger leadership role in resolving this issue. Simply tab�ing the issue for further consideration may have implications for the expiration of the BCWMC's Joint Powers Agreement. The City of Medicine Lake may not sign the new JPA amendment due to the Commission's reluctance to raise water levels in the lake. If the current watershed management organization dissolves, State Statute still requires that a Watershed District be formed. I don't know what exactly might be entailed in the creation of a new Watershed District, but it might mean a new organization that operates more independently of the watershed's constituent cities or even one that becomes dominated a minority of overly motivated special interests. The questions before us and for which we seek the City Council's input are as follows: • Should the BCWM Commission continue to facilitate a discussion of stakeholders on this issue, including spearheading a task force and cooperating on next steps? • Should the Commission further study the dam, the possibility of replacing the structure with a variable weir, and/or the hydraulic, hydrologic, and ecological implications of making changes to the outlet? • Do you have other ideas of how the Commission should proceed? Please take up this matter at your next city council study session and reply back as soon as possible. If you like, I can attend this session. Guy Mueller BCWMC Commissioner—City of Crystal 763-218-6418 (cell) guvmuellerl@�mail.com 2703 Brookridge Avenue N Minneapolis, MN 55422 2 � COUNCIL STAFF REPORT ���Y�� Update on Public Works Facility ����� FROM: Patrick Peters, John Sutter, Tom Mathisen, Charles Hansen TO: Anne Norris, City Manager (for May 6 City Council Work Session) DATE: April 30, 2014 RE: Public Worksfacility update— Property acquisition, facility design & budget Much has taken place over the past several months with regard to activities pertaining to the city's proposed Public Works facility. Staff thought it important to provide Council with an update on those activities at the May 6 Work Session. PROPERTY ACQUISITION [unaddressed 09-118-21-24-0015] Vacant land (previous owner: Washburn-McReavy) Closed on acquisition on March 28 for $34,000 5025-5027 West Broadway Formerly Metro Law Office Closed on acquisition on March 7 for $450,000 The law office is leasing it back from the city while they purchase and move into 5618 56tn Move-out deadline is May 19 5017 West Broadway Vacant land (Gisslen/Dempsey) The city's appraisal was $126,000 (the owner rejected the city's $�65,000 last written offer) City is in litigation with the owner. The compensation award will be determined by a court-appointed panel later this year. In the meantime, the city is depositing $126,000 with the court and will take title to the property on May 8. 4947 West Broadway Formerly Word of Faith Ministries Closed on acquisition on March 24 for $2,000,000 Word of Faith is leasing it back from the city while they move to a new location; move-out deadline is May 7 FACILITY DESIGN Kodet Architectural Group has been producing building and site designs on an on-going basis for review and comment by senior staff and Public Works supervisors and crews. The design process was informed by staff tours of newer municipal maintenance facilities in West St. Paul and Elk River and a MnDOT facility in Richfield earlier in the year. Kodet also used a questionnaire to garner input on various aspects of the new facility from Public Works employees. Following several Kodet-led design sessions with senior staff members and department supervisors, Kodet prepared the preliminary site and building plans that were presented at the April 21 neighborhood open house, which was attended by a total of twelve nearby residents, Planning Commissioners and Council Members. Comments received were favorable for the most part, but one concern was raised in particular about the need for better buffering and screening along Fairview. Staff has since provided a list of recommended modifications to Kodet, and they are preparing revised site and building plans for submission to the Planning Commission. At its June 9 meeting the Commission will consider land use applications for site and building plan review and a Conditional Use Permit for outdoor storage. PROJECT BUDGET The projected budget for the new facility as of December 4, 2013, was $12.85 million. Of that amount, it was anticipated that $3,000,000 would be expended for land acquisition, $8.4 million for the building and site improvements and approximately $1.4 million in soft costs. There will be costs, as yet to be determined, associated with the demolition of the existing Streets/Parks building and the cold storage building at the current site. To date, acquisition-related expenses total approximately $2.6 million, with some undetermined relocation expenses for 4947 and 5025/27 West Broadway still outstanding, and acquisition costs for 5017 West Broadway yet to be determined. Building and soft costs remain on target. At the November 14, 2013 Work Session, Council determined to use a self-funding approach to finance the new Public Works facility, whereby the Major Building Replacement Fund (MBRF) would be drawn down by $10,000,000, and other fund balances (Utilities, EDA, etc.) would contribute the balance. What remains unclear is whether it is the intent of the Council to replenish the MBRF by continuing the annual levy of $563,153 related to the Highway 81 bonds after they are paid off in anticipation of future capital building projects. While this issue is no longer related to the financing of the Public Works facility, it remains unresolved and is on the agenda for discussion at the May 8 Council Work Session. • Major project milestones include the following (all dates are tentative): Projected Date Activity May 16, 2014 ■ Application submitted for 6/9I14 Planning Commission hearing ■ Asbestos and miscellaneous hazmat survey completed and price quotes requested from abatement and demolition contractors May 23, 2014 ■ Selection of abatement and demolition contractors June 9, 2014 ■ Planning Commission holds public hearing, considers building/site plans and CUP June 13, 2014 ■ Abatement complete June 17, 2014 ■ Council considers building/site plans, CUP, variances and vacations ■ Council authorizes bid advertisement and specifications for construction July 3, 2014 ■ Demolition complete July 15, 22 or ■ Council awards bid for construction (As it stands today, the 29, 2014 current schedule of project activities likely will not coincide with the only Council meeting in July, scheduled for the 15tn The Council may need to consider holding a special meeting on either Ju1y 22 or 29 to keep the project on schedule.) August 1, 2014 ■ Commence construction June 30, 2015 ■ Complete construction