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2014.05.20 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Te]: ('763) 53l -1000 • Fax: ('763) 53l -1188 • www.crystalmn.gov �� r�� ►�� r�� Posted: May l6, 2014 City Council Meeting Packet for Tuesday, May 20, 2014 MEETING SCI3EDULE }tttttt,tttt,ttt. t ,,,,,,,,, ,,,,, ,, ,,,,,,,,,,, t t t ,. �F,F,F,F,FFFF, F,F,FF, F F,F,F,F,F,F,F,F,FF l , ,,,, ,,,,,. t , t {t iU. } } . } . } } } . }i� . .. }i�� }i }i qU. , } }i }i� }i� } } } . }i� } . } } j j , J.;, .t t��t� .:k t t t.:,t� t�� t .t . t i . i�.��a. . i. i. i. i 1 i. il. i. i.t7s� �.�.� ,}�'.,s � � �.�.� � .S. ....£t. si..,,(. �U. . 4flSFq..y ..,)1t}. .}.}.}i. :.U...} }. .4.li.k k. I.re+.t, .t }. } } } } ..;. 4. }FS F4.44 FS FS F...� ��t1�.. . i., „ i> t:... {.F4.44. FS FS.F4.44 FS F .� } ... £ ..7... .s�( t £ } . i i f i i i i , J: c i. rt. rt. rt rt rt . a >. S � 4 rt. rt. ,rt rt. rt. rt. r rt x i s s � t, Y 7 t 7 1 :l.r.t.-�t il. il. a. ..3� .�{. zt. � t:. t �. tt.�. �r� �?�t s .t..,,rl .t �t, lrf. a 1. 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Y .4 � } s..itts irr�.t,�r,. > l..:u>.�t rik..t7a t. t� r�, �S ��t...:u t.u�.i�c��?{i .s 1ki....�r...t ,t,(.r„2 .s. � i��sllr��t'�}sj�+„ ,}., ,-',,.,��st}t'�t�;1��,tf t ),`�,'.��t�,sst�t��,s?.5�'t�f £,,,.��,.�.., � r .?��az�l� z.t. � {„t ;� z��,,t �s..t.,,�}�isrt.,,��9,r�,h�s,.�X,�sz�„t�t�!a�;i,� }n�j,tstt��{�::.0 ,,,, �� ..��a� , �� .r, rr;,ts�� 1 �t Council Work Session: 6:30 p.m. • Continue discussion oi iinancing for Conference Room A mill and overlay projects 7:00 p.m. Regular City Council Meeting Council Chambers 2" Council Work Session to: • Consider formal comments on Bottineau Transitway Draft Immediately after Environmental Impact Statement (DEIS) the Regular City Conference Room A Council Meeting • Discuss changes to City Code regarding securing ignitions • Receive commission liaisons reports/updates Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTA� CITY COUNCI� FIRST WORK SESSION AGENDA Tuesday, May 20, 2014 6:30 p.m. Conference Room A Posted: May 16, 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 20, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff 1:�17 . Selton Adams Norris Therres Revering Budziszewski Mathisen Deshler Gilchrist Hoffmann Serres Libby I1. Aqenda The purpose of the work session is to continue discussion of financing for mill and overlay projects. 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 /east 96 hours in advance. TTY users may call Minnesota Relay at 791 or 1-800-627-3529. �� aF emorandum cxv�T�i, DATE: May 12, 2014 T0: Mayar and City Council � �, FROM: Rnne Norris, City Manager Tom Mathisen, Public Works Director SUBJECT: Financing Mill and Overlay Projects At its May 6 work sessian the Council discussed options for financing mill and overlay projects. Milling and overlays are required to maintain the reconstructed streets in good condition as long as possible. Council Resolution #2010-48 outlined a policy of specially assessing mill and overlay projects. At its work session, the Cauncil discussed using a tax levy to pay for mill and overlay projects rather than using special assessments. The cost af the Phase 1(Winnetka Hilis neighborhoad) mill and overlay project is approximately $1 million. If taxes were used to pay for this and assuming all existing service levels are maintained, it would require a levy increase of approximately 11-12%. Depending on future mill and overlay project cost, some levy would have ta be maintained in future years to continue to pay for future mill and overlay projects. MSA funds are currently committed ta the Street Recanstruction Fund through 2018 ta continue ta contribute to the remaining 3 phases �f the street recanstruction program. After that date, the MSA funds are scheduled for the Street Maintenance Fund to contribute to the sealcoating projects for the reconstructed streets. Mill and overlay projects assume at least one sealcoat at 7 years after the mill and overiay. Th� ro�d condition will be re-evaluated at 14 years to d�t�rmine whether a second sealcoat is appropriate. Mill and overlay projects are scheduled to last for at least 15 years, depending on subsurface soil conditions. The cost of a mill and overlay assessment is estimated at $2,000 for a residenfiial lot. R 10 year assessment period would mean a payment of appraximately $300 each year. The Council should continue its discussion af financing mill and averlay projects. RESOLUTION NO. 2010 — 48 ADOPTING ASSESSMENT POLICIES FOR 2010 36TH AVENUE AND FUTURE STATE AID AND LOCAL STREET MILL AND OVERLAY PROJECTS WHEREAS, due to normal wear and weather related deterioration, it has become necessary to perform a mill and overlay project on the State Aid Street 36th 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 similar street related projects as shown in E�ibit A; and WHEREAS, the affected properties in the 36th Avenue project have not previously been assessed for street reconstruction other than a minimal 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 WHEREAS, in previous full street reconstruction projects, single family/duplex properties received an approximate 30% reduction in the assessment by using State Aid, Storm Drain Utility, and other funding sources, and corner lots abutting 36th Avenue have previously been assessed in the manner described in Exhibit A; and WHEREAS, it is desirable to develop a 36th 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 36th 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) 36th Avenue corner single family/duplex properties with driveways on 36th 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 street shall not be assessed for the 36th Avenue project because these properties have previously been assessed one full 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 36th Avenue project shall be as described in Exhibit 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 to either mill and overlay, or reconstruct portions of 36th 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 1 St day of June, 2010. r� �., ` , '- :• '�. • ATTEST: L z�� J et Lewis, City Clerk I:Pubworks/projects2009/36 overlay/adoptassmntpolicyres EXHIBIT A CITY OF CRYSTAL SPECIAL ASSESSMENT POLICIES AS THEY RELATE TO STREET MAINTENANCE AND RECONSTRUCTION AND ALLEY RECONSTRUCTION June 2010 Total construction cost includes contractor and material costs, plus feasibility, engineering design, legal, project management, bonding, levy, and other related costs. Front footage is measured at the property line. Front footage is a measurement based on both sides of the street, not street centerline footage. Assessed Sealcoat 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. 2. Single family/duplex corner properties are assessed at the same unit cost as for non-corner properties. 3. Commerciallnon-profit pro�erties (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. 4. Commerciallnon-profit cornerr properties are assessed lbased on the entire front footage of both sides of the property. Allev Reconstruction 1. Alley reconstruction assessments are based on 60% of the total construction cost. The remaining 40% is paid by the Storm Drain Utility. This applies to single family/duplex and C/N-P properties alike. 2. Alley reconstruction is assessed in a manner similar to sealcoat. Non-corner single family/duplex properties are assessed on a per unit cost based on 60% of the total 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. 3. Single family/duplex corner properties are assessed at the same per unit cost. 4. C/N-P properties (including churches) are assessed based on 60% of the total project construction cost per front foot for the entire project times the number of front feet for a given parcel. 5. C/N-P corner properties are assessed based on the entire front footage of both sides of the property were there to be an alley project on two sides of a corner property. Street Reconstruction Street reconstruction projects have two assessment categories. The first is the street construction assessment, which is assessed in a manner similar to sealcoat assessments, i.e. a per unit basis for single family/duplex, and a per front foot basis for C/N-P properties. Street construction includes all construction work associated with the Project, including storm drainage work, but not including curb and gutter work. The second category is the curb and gutter assessment which is assessed on a front foot basis at a rate based on the status of the existing or non-existing curb. Single family/duplex properties receive a credit of approximately 30% of the actual street construction cost portion (per unit cost) of the assessment based on State Aid and Storm Drain Utility Funds that are distributed equally across said properties on a per unit basis. 1. Properties with frontage on a Municipal State Aid Street are assessed in the same manner as properties on non-State Aid municipal streets. For the purposes of this document, and unless differentiated otherwise, "local street" includes both State Aid and non-State Aid municipal street frontages. 2. Single family/duplex properties are assessed for the street reconstruction portion on a per unit cost based on total street 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 per unit cost. 3. Non-corner single family/duplex properties are assessed on a per anit cost basis for the street reconstruction portion, regardless of length of front foatage. Curb and gutter is assessed on a total eost per front foot basis and the 30% reduction is not applicable. 4. C/N-P properties are assessed on a front foot basis for both street and curb and gutter assessments, and the 30% reduction does not apply. 5. A single family/duplex corner property that has its driveway on a county road is assessed one half of the unit street cost for local street reconstruction and the standard amount for curb and gutter. 6. A single family/duplex corner property that has its driveway on a local street with the other side �n a county road is assessed at the full unit street cost and the standard amount for curb and gutter. 7. A single family/duplex corner property with both sides on a local street and within the project area, is assessed one full unit street cost, and for curb and gutter based on the full length of the short side (regardless of which way the front door faces), and one-third of the first 135 feet and 100% of any length beyond 135 feet on the long side. 8. A single family/duplex corner property with both sides on a local street, but only one side in the project area, is assessed one-half of the unit street cost and the standard amount for curb and gutter on the reconstructed side. The balance to be assessed when the other local street side is reconstructed. 9. All properties with any frontage on a county road are not assessed for the county road portion when the county road is rebuilt. 10. Three or more properties with frontage and driveways on an unimproved street will have the street built to local street standards and are assessed at the standard rates. If only two of the three properties have driveways on the unimproved street, the two properties may petition to have the street built to local street standards as part of the larger project, and be assessed accordingly. The thard property would be a corner parcel and would be assessed accordingly. If there is no Petition, then the private driveways in the right of way remain the responsibility of the property owners. 11. For the two or less unimproved street parcel situation, a corner parcel with frontage on an improved street, regardless of what side the driveway is on, is assessed one full unit street cost and the standard amount for curb and gutter. If the parcel has no improved street frontage, the parcel receives no assessment, however the private driveway located in the unimproved right of way is the responsibility of the property owner and is not improved as part of the project. 12. Non-corner single family/duplex parcels with frontages on two streets (front and back yard for example) are assessed in the same manner as a corner lot, including the long and short side curb and gutter policy. 13. There are three curb and gutter assessment rates that apply equally to single family/duplex and C/N-P properties: • Properties with no existing curb and gutter are assessed at the full curb and gutter rate. • Properties with the old "D" mountable style curb are assessed at 75% of the full rate. • Properties with the city standard "B618" curb are assessed at a "reincorporation" rate specific to eacb project based on esti�nated removal and replacement costs. This rate is approximately 25% of the full rate. EXHIBIT B LICY FOR I1 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, project management, bonding, levy, and other related costs. Front footage is measured at the Property line. Total project front footage is a measurement based on both sides of the street, not street centerline footage and includes single family/duplex corner lots with driveways on the side street even though those corner lot properties will not be assessed as part of the project. Total single familylduplex properties front footage is the total of all single family/duplex front footages, including those with driveways on the local side street. Single family/duplex properties receive a credit of approximately 30% of the actual mill and overlay cost of the assessment based on State Aid Funds that are distributed equally across said properties on a per unit basis. The credit is due to this project being treated as a reconstruction and not a maintenance Project. 1. Single family/duplex properties are assessed for mill and overlay on a per unit cost based on total construction cost Per front foot for the entire project less approximately 30%. The total single family/duplex properties front footage times this revised cost per front foot divided by the number of net whole parcels of single family/duPlex properties (excluding corner parcels with cdriveways on t�e side local street) determines the per unit cost. 2. Non-corner single family/duplex properties are assessed on this per unit cost basis for mill and overlay regardless of length of front footage. 3. CommerciaUnon-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. The 30% reduction does not apply. 4. Single family/duplex corner properties that have driveways on 36�h Avenue are assessed one half of the unit mill and overlay cost. These properties have already been assessed for a one half unit of street reconstruction on the local street. 5. Single family/duplex corner properties that have driveways on a local street with the other side on 36th Avenue, have already paid a full street assessment. These properties will not be assessed for the 36th Avenue mill and overlay project. They will receive a full unit mill and overlay assessment when their respective local street is mill and overlayed. 6. In the future when it is necessary to mill and overlay 36th Avenue again, the assessment rates for both commercial and single family/duplex properties will be determined based on the most recent large overlay project that included a combination of local and state aid streets, adjusted for inflation. 7. In the future when it is necessary to do a total reconstruct of 36th Avenue, the assessffient rates for both commercial and single family/duplex properties will be determined based on the most recent large total reconstruct project that included a combination of local and state aid streets, adjusted for inflation. EXHIBIT C CITY OF CRYSTAL SPECIAL ASSESSMENT POLICY FOR THE MILL AND OVERLAY OF STATE AID AND LOCAL STREETS (EXCLUDING 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, project management, bonding, levy, and other related costs. Front footage is measured at the property 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. 36tn Avenue �rontage Excepetio�as: 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 unit when the side street is overlayed. 4. CommerciaUnon-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. CommerciaUnon-profit corner properties are assessed based on the entire front footage of both sides of the property. I:/pubworks/projects/2009/36thOverlay/Assessm entpoli cies2 Fund: Street Reconstruction Fund Fund Number: 415 DESCRIPTION OF ACTIVITY The Street Reconstruction Fund accounts for the cost of reconstructing streets in the Crystal Local Street Reconstruction program. City streets were divided into sixteen phases for reconstruction. A phase is reconstructed in most years, with an occasional pause for planning. Phases 1 through 13 were reconstructed between 1994 and 2013. Generally speaking, each phase has balanced budget. However, special assessments and state aid revenues often are not received until several years after the project is completed. This will cause the Street Reconstruction Fund to show deficits until after all phases are completed and the lagging revenues are collected. . Five Year Capital Improvement Plan Fundir�g Sources Special assessments State aid for streets Interest Income Other city reimbursement Utility reimbursement Sale of bonds Total Funding Sources Capital Outlays Admin & pavement study Phase 13, Becker Park Phase 14, Lions Park Phase 15, Twin Oaks Phase 16, Skyway Total Capital Outlays Surplus/ -Deficit 2014 344,572 320,000 25,398 322,136 0 0 1,012,106 16,900 566,077 2015 1,207,190 600,000 38,020 0 474,591 2,535,498 4,855,299 1,950 2016 1,678,730 600,000 40,442 1$3,254 657,025 4,022,355 7,181,806 2,000 2017 1,898,359 600,000 56,440 0 987,514 4,019,689 7, 562, 002 19, 050 2018 623,818 100,000 34,658 340,110 0 0 1,098,5$6 2,100 221,335 4,884,481 1,187,919 227,168 5,497,878 1,478,894 25,000 230,370 6,790,096 2,051,762 804,312 5,138,599 6,918,167 8,288,040 2,Q53,862 207,794 -283,300 263,639 -726,038 -955,276 15 Fund: Street Maintenance Fund Fund Number: 410 DESCRIPTION OF ACTIVITY The Street Maintenance Fund accounts for the cost of seal coating streets that have been reconstructed under the Crystal Local Street Reconstruction program. A commitment was made to the citizens at the start of the street reconstruction program that they wouldn't be assessed for maintenance of #he streets while they were still paying the assessment for street reconstruction. Seal coat projects will be assessed to property owners if they take place after the reconstruction assessments have been paid. Pavement mift & overlay projects are an essential part of a long term street maintenance program. Overlays will be assessed to the property owners (street reconstruction assessments will be paid off by then). In addition to seal coat projects, this fund also accounts for intensified maintenance that is needed Phases 1, 2 and 3 because this pavement is deteriorating faster than expected. Costs will continue until the phases undergo mill and overlay. The streets will also need more frequent seal coating until they undergo the mill and overlay. Five Year Capital Improvement Plan 2014 2015 2016 2017 2018 Funding Sources Special assessments Interest Income Other city reimbursement State Aid Streets General Fund transfer Total Funding Sources Capital Outlays Street Phase 1-3 patching Phases 4 & 8 sealcoat Phases 5 & 9 sealcoat Phases 10 sealcoat Phase 1 mill & overlay Phase 2 mill & overlay Phase 3 mill & overlay Phase 4 mill & overlay Total Capital Outlays Surplus/ -Deficit 30,364 499,084 18,461 15,759 72,800 74,984 121,625 589,827 50,000 12,000 277,106 802,938 1,001,845 451,581 392,361 536,936 12,532 0 7,306 41,553 103,432 528,000 77,234 79,551 81,937 582,900 575,344 1,154,179 250,990 226,399 1,061,333 1,130,044 1,013,$45 1,312,323 776,973 226,399 776,973 -1,008,419 -424,018 -729,423 348,945 377,206 14 THE CITY MANAGER'S COMMENTS ARE BO�DED. �� . � . ,, * �.� .. . 1 i_ , 11 • I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE II. PRESENTATIONS* 1. Police Chief Revering will present Juvenile Specialist Susan Carstens with the Service in Excellence Award from the Minnesota Association of Women Police.* 2. Police Chief Revering will recognize Crystal's Police Explorers Post for their achievements at the Annual Explorer Conference.* III. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from May 6, 2014; b. Two Council Work Sessions from May 6, 2014; and c. The Council Work Session from May 8, 2014. IV. CONSENT AGENDA The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a resolution accepting a donation of $1,000 from Crystal VFW Post 494 for costs associated with the Crystal Airport Open House; 4. Acceptance of Kevin Biglin's resignation from the Environmental Quality Commission, effective May 7, 2014; and 5. Acceptance of David Harlow's resignation from the Human Rights Commission, effective May 14, 2014. Crystal City Council Meeting Agenda May 20, 2014 V. PUBLIC HEARING* 1. 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.* Staff met with Mr. Daniel to review the license application and he has requested the public hearing be continued to June 17 to allow him time to prepare additional information. Recommend continuing the public hearing to June 17. 1. The Council will consider appointing Dave Anderson to the Environmental Quality Commission for an unexpired term to expire on December 31, 2015. The Interview Committee recommends approval of the appointment of Dave Anderson to the Environmental Quality Commission. 2. The Council will consider a resolution authorizing the issuance, sale, and delivery of revenue bonds relating to the Cavanagh Apartments project; and approving the form of and authorizing the execution and delivery of certain documents relating to the revenue bonds. Dominium is proceeding with the Cavanagh Apartment project. Recommend approval of the resolution authorizing the issuance and sale of revenue bonds for this project. 3. The Council will consider accepting the Feasibility Report and ordering a Public Hearing for Project #2014-21; Phase 1(Winnetka Hills) Mill and Overlay. If the Council determines the existing assessment policy is acceptable, recommend approval of the resolution accepting the feasibility study and ordering a public hearing for the Phase 1(Winnetka Hills) Mill and Overlay project. 4. The Council will consider a resolution commending Crystal Police Officer Lisa Vague. Officer Lisa Vague is retiring after 27+ years with the Police Department; there will be an informal celebration on Tuesday, May 27, 3- 4 p.m. in the Community Room. Recommend approval of the resolution. VII. OPEN FORUM (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. lndividuals are asked to step up to the podium and speak clearly into the microphone. You are allowed 3 minutes to make your comments and no items may be addressed more than ten minutes. The Council will not take action on items discussed during open forum or discuss matters under pending or threatened Page 2 of 4 Crystal City Council Meeting Agenda May 20, 2014 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. 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.) VI11. INFORMATION AND DISCUSSION a) The Crystal Business Association meets on Wednesday, May 21, at 8:30 a.m. at Crystal Care Center. b) City Offices will be closed in observance of the Memorial Day holiday on Monday, May 26. c) There are two Quad City Beyond the Yellow Ribbon Memorial Day events on May 26: ■ 11:00 a.m. — Memorial Service, Chester Bird American Legion, Golden Valley ■ 1:00 p.m. — Memorial Service, Washburn McReavy GlenHaven, Crystal d) The next City Council Meeting begins at 7:00 p.m. on Tuesday, June 3, in the Council Chambers at City Hall. e) The Crystal Cove Aquatic Center opens for the season on Saturday, June 7. f) The Crystal Airport Open House will be held on Sunday, June 15 from 8:00 a.m. - 3:00 p.m. X. MEETING SCHEDULE ON MAY 20. 2014 � ��:��r ��:��:�:� �:�� { ��:��:�� 1�. t �,��. �,,, < t s t� t J t � z , z z z z , �� z z z z z z z z z ��t � t.� � t z, z z z z z, z, ,. , �, t t �,r. ,, z z , s.. � t,. .r�..r� . 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S ��.. !. ..t�". de,t{I,.'.sAS�E�t.��`,t�,�,.- .,�i`.i��',�i,.`� �t�}t.7�,t,t4,�{ �,�1� .,1jiJ,.�}.r^.��„��t #l��:`�b��v�,ci,><.. �� :�s��.,,,, ,��s,+, ,. .,} ��s �� )�t;�t;r,�t�t�,��.�t?t�.a.:1rh,�,`'�7t{2zj:�,�zi ��r � j�r�,��'„�(f„�, �,�� , . {s�,t 3r.,}3.�t�t+�3 1St Council Work Session: 6:30 p.m. • Continue discussion of financing for Conference Room A mill and overlay projects 7:00 p.m. Regular City Council Meeting Council Chambers Page 3 of 4 Crystal City Council Meeting Agenda May 20, 2014 2"" Council Work Session to: • Consider formal comments on Bottineau Transitway Draft Immediately after Environmental Impact Statement the Regular City (DEIS) Conference Room A Council Meeting • Discuss changes to City Code regarding securing ignitions • Receive commission liaisons reports/updates* * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday's meeting. Page 4 of 4 Crystal City Council First Work Session minutes May 6, 2014 2720 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:30 p.m. on Tuesday, May 6, 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�: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and STAFF: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director T. Mathisen, Police Chief S. Reverir�g, City Attorney M. Norton and City Clerk C. Serres. II. AGENDA The Council and staff discussed the following agenda item: • Mill and Overlay Assessment Policy III. ADJOURNMENT The work session adjourned at 6:58 p.m. Jim Adams, Mayor ATTEST: Crystal City Council Meeting Minutes May 6, 2014 2721 I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, May 6, 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: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and Hoffman STAFF City Manager A. Norris, City Attorney M. Norton, Police Chief S. Revering, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director T. M�thisen, Community Development Director P. Peters, City Planner J. Sutter, and City Clerk C. Serres. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in the Pledge of Allegiance. II. PRESENTATION 1. Police Chief Revering addressed the Coun�il and presented The Chief's Award to Nancy Hatcher and her grandchildren far their efforts in alerting police about a neighborhood burglary. III. PROCLAMATIONS 1. Mayor Adams read a service. at ing Audrey Burke for volunteer 2. Mayor Adams read a proclamation declaring May 15, 2014 as Peace Officer Memorial Day, and May 11-'17, 20�4 as National Police Week in the City of Crystal. 3. Mayor Adams read � proclamation declaring May 18-24, 2014 as National Public Works Week in the City of Crystal. II�►�tl��l�[�1►�11�1 The Council considered 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. Moved by Council Member Budziszewski and seconded by Council Member Peak to approve the above minutes in a single motion. Motion carried. Crystal City Council Meeting Minutes May 6, 2014 2722 The Mayor called for a brief recess at 7:12 p.m. and reconvened the meeting at 7:13 p.m. V. 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 Dire�#or to the City Council, a list that is on file in the office of the Finance Director; _ 3. Approval of a lawful gambling application for an exempt permit to conduct bingo at Becker Park, 6225 — 56t" Ave N, on July 25 and 26, 2014 for the Crystal FroCics, application submitted by New Hope �ions Club; 4. Approval of Resolution No. 2014-30, 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 5. Acceptance of the resignation of �eslie Re Board, effective May 1, 2014. Moved by Council Member Hoffmann approve the consent agenda. from the Employee Review by Council Member Libby to Motion carried. VI. PUBLIC HEARINGS 1. The Mayor announced the purpose of the Public Hearing: The consideration of a resofution c�rdering Project No. 2014-07 Alley Reconstruction Project, Preparatic�n of Pfans and Specifications, and Ad for Bids. Public Works C7irector T. Mathisen addressed the Council and answered questions. ' There being no one wishing to appear before the Council to give testimony, Mayor Adams decl�red the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member Libby to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2014 — 31 ORDERING PUBLIC IMPROVEMENT PROJECT #2014-07 ALLEY RECONSTRUCTION, APPROVA� OF PLANS AND SPECIFICATIONS, AND ADVERSTISEMENT FOR BIDS Crystal City Council Meeting Minutes May 6, 2014 2723 VI. PUBLIC HEARINGS CONTINUED Voting aye: �ibby, Peak, Selton, Adams, Budziszewski, Deshler, and Hoffmann. Motion carried, resolution declared adopted. 2. The Mayor announced the purpose of the Public Hearing: The consideration of a new pawnbroker license located at 5508 West Broadway, submitted by Mr. Greg Daniel of Bravo Financial, LLC. Moved by Council Member Deshler and seconded by Council Member Pe�k to continue the hearing regarding the proposed pawnbroker license until the May 2� 2014 Council meeting. Voting aye: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and Hoffmann. Motion carried. 3. The Mayor announced the purpose of the Public Hearing: The consideration of a resolution regarding liquar Cicense fee increases. City Clerk C. Serres addressed the Cc�uncil and answered questions. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Hoffmann and seconded by Council Member Budziszewski to adopt the follc�wing resolution, the reading of which was dispensed with by unanimous consent: RESO�UTION NO. 2014 — 32 RESOLUTI'ON AMENDWG APPENDIX IV OF THE CRYSTAL CITY CODE G TO THE 2014 FEE SCHEDULE — MAW SECTION II call and voting aye: Libby, Peak, Selton, Budziszewski, Deshler, and �ann. Abstention: Adams. Motion carried, resolution declared adopted. VI1. REGULAR AGENDA 1. The Council considered a resolution ordering preparation of feasibility study for Phase 1 Winnetka Hills Mill and Overlay Project No. 2014-21. Public Works Director T. Mathisen addressed the Council and answered questions. Crystal City Council Meeting Minutes May 6, 2014 2724 VII. REGULAR AGENDA CONTINUED Moved by Council Member Budziszewski and seconded by Council Member Peak to adopt the following resolution, the reading of which was dispensed with by unanimous consent: �� :._ • •� �• � � �.� . .. ..-. • • � : � •- WINNETKA HILLS PHASE 1 MILL & OVERLAY PROJECT #2014-21 Voting aye: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and Hoffmann. Motion carried, resolution declared adopted. The Council considered a resolution approving plans and specification� and ordering ad for bids for 2014 CIPP (Cured In Place Pipe) Sanitary Sewer Lining Project No. 2014-08. Public Works Director T. Mathisen addressed the Council and answered questions. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2014 — 34 . -•-� • . . � - � • �\� •:�._C l �� •� : • '�• l• / � 1', SEWER LINING PROJECT Voting aye: Libby, Peak, S'elton, Adams, Budziszewski, Deshler, and Hoffmann. Motion carried, resolution declared adopted. e Council considered authorizing submission of land use applications for the �posed Public Works facility at 5001 West Broadway. City Planner J. Sutter addressed the Council and answered questions. Moved by Council Member Budziszewski and seconded by Council Member Libby to authorize the land use applications for the proposed Public Works facility. Voting aye: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and Hoffmann. Motion carried. Crystal City Council Meeting Minutes May 6, 2014 VIII. OPEN FORUM No public comment was given during open forum. IX. INFORMATION AND DISCUSSION Mayor Adams read the following announcements: 2725 a) Everyone is welcome at North Lions Park on Wednesday, May 7, at 6:00 p.m. for the Arbor Day celebration and Shingle Creek Watershed clean up. V May 26. Council Member Selton announced that Minnesota GreenSteps will provide a presentation at the Environmental Quality Commission meeting on May 15, at 7:00 p.m. at Crystal City Hall. Crystal City Council Meeting Minutes May 6, 2014 2726 X. ADJOURNMENT Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the meeting. The meeting adjourned at 7:52 p.m. /_�i��i� Chrissy Serres, City Clerk Motion carried. Jim Adams, Ma Crystal City Council Second Work Session minutes May 6, 2014 2727 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 7:58 p.m. on Tuesday, May 6, 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�: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and STAFF: OTHER City Manager A. Norris, Assistant City Manager/Human Resources 1� K. Therres, Public Works Director T. Mathisen, Community D��elopr Director P. Peters, Police Chief S. Revering, City Attorney M. Nc�rton City Clerk C. Serres. Guy Mueller, Bassett Creek Watershed Management Cornmissioner II. AGENDA The Council and staff discussed the following agenda iterns: • Public Works facility project update • Bassett Creek Watershed o Proposed amendmen# to Jaint Powers Agreement o Medicine �ake controlled lake level III. ADJOURNMENT The work session adjourned at 8:29 p.rn. Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk ager Crystal City Council Work Session minutes May 8, 2014 2728 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:01 p.m. on Thursday, May 8, 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�: Libby, Peak, Selton, Adams, Budziszewski, Deshler, and STAFF: City Manager A. Norris, Assistant City Manager/Human Resources' K. Therres, Fire Chief S. Larson, Assistant Fire Chief J. Nelson, Fin Director C. Hansen, and City Clerk C. Serres. • � II. AGENDA Mary Serie, West Metro Fire-Rescue District Board Member The Council and staff discussed the following agenda items: • West Metro Fire-Rescue District fund balance palicy • Review financing plan for Crystal's share of emergency water supply • Discuss refinancing options for Major Building Replacement Fund III. ADJOURNMENT The work session adjourned at 9:21 � , City Clerk Jim Adams, Mayor ager CONSENT AGENDA #1 APPLICATIONS FOR CITY LICENSE May 20, 2014 ANIMAL KENNEL — PRIVATE Laura Flaherty 5300 Georgia Ave N Crystal, MN 55428 GASINSTALLER Aaztec Heating 9741 �Iumboldt Ave S Bloomington, MN 55431 Ductworks Heating & AJC 6108 Olson Memorial Hwy Golden Valley, MN 55422 Genz-Ryan P]umbing & Heating 2200 W Hwy ] 3 Burnsvil]e,1VIN� 5533'7 Pronto Heating & A/C 7588 Washington Ave S Eden Prairie, MN 55344 LAWN FERTILIZER APPLICCATION The Davey Tree Experts Co 2500 Fernbrook Lane N Plymouth, 55447 PLUMBER Appliance Installers oi MN dba Plumbing & Appliance Inc 14105 Rutgers St N�E Prior Lake, MN 55372 Barnes Plumbing 3923 Washington Ave N Minneapolis, MN 55412 Citywide Plumbing LLC 3318 167th lane NW Andover, NIN 55304 Ideal Plumbing and Rootering 6408 73rd Ave N Brooklyn Park, MN 55428 Larson Plumbing 3095 162"d Lane NW Andover, MN� 55804 RENTAL — NEW 5301 Edgewood Ave N Subhasbhai Patel 4825 Georgia Ave N James Carroll 5336 Georgia Ave N Lamont & Anne Purnell 3108 Virginia Ave N� TN�DL Clemens LLC RENTAL — RENEWAL 3141 Aquila Ave N Lowell Pitlin 4212 Brunswick Ave N Crystal Holdings LLC 3510 Douglas Dr N Leroy & Jennifer West 5127 Edgewood Ave N� Chad Xiong for PM & MY Xiong 5141 Edgewood Ave N Dennis O'Keefe 6330 Fairview Ave N Ken Olson 3117 Georgia Ave N Jeff Hill 4155 Hampshire Ave N Ryan & Mandy Hardy 2826 Idaho Ave N Jeff Reiser 3024-3026 .Kentucky Ave N Steve Ganz 3429 Lee Ave N Terry Swenson 3412 M. ajor Ave N Jerome MacMillan 3521 Major Ave N Raymond & Christine Konrasak 3240 Nevada Ave N� Gabe :Richards 3416 Noble Ave N E Flores-Peet & Richard Peet 3141 Winnetka Ave N Hsin Rong Liang 4242 Zane Ave N Herman Capital Partners 3 c/o First Holdings LLC 7324 33rd Ave N Scott Kevitt 6523 45`h PL N B Riley & J Ringlien 6313 50�h Ave N Larwin Kaufmann 6910-6940 54th Ave N Kentucky Lane LP Page 1 of 2 RENTAL — RENEWAL CONTINUED 6001 56`h Ave N Crystal Courts 6017 56th Ave N� Crysta] Courts TREE TRIMMER Gosiak Tree Service 9578 1 lOth St Little Falls, MN 56345 CONSENT AGENDA #1 Page 2 of 2 CONSENT AGENDA #2 ., j ... a .. �� ... .. ... . . � . I ' � DA7E�. May 15, 2D14 ;;��`�� TO: Anne� Norris, City Manager �� r ��,�� City of Crystal City Council ' � FROM: Charles Hansen, Finance Director � �, � RE: Expenditures��over�$�5,000 �� '� �' PaXee Description Blue Cross Blue Shield of MN May Health Cnsurance Premiums Hennepin County District Court Admin Property deposit for 5017 W Broadway_ Kodet Architectural Group Public Works Building Architectural Services forApri( PERA Employee & city required contributions: pay date 5109/2014 IRS - EFTPS Social Security; Medicare; & Federal Tax WlH; pay date 4/25/2014 G \Tm�ynWecis Pa}�Cheds �iri�r S25,b00 Meiia � Amount $85,566,00 $126;000:00 $89;769:48 $42;105.99 $50;600:19 $394,041.66 .. , � ... ., ..l. _ � , ..l. ■ .. CITY OF CRYSTA� RESOLUTION NO. 2014 - RESOLUTION ACCEPTING DONATION FROM CRYSTA� VFW POST 494 WHEREAS, Minnesota Statute § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESO�VED by the City Council of the City of Crystal to accept the following donation from the Crystal VFW Post 494: Crystal Airport Open House $1,000.00 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks Crystal VFW Post 494 for this donation. Dated this 20t" day of May, 2014. : ATTEST: Chrissy Serres, City Clerk Jim Adams, Mayor CONSENT AGENDA #4 Anr�� Norris From: Kevin.Biglin Seni: Wednesday, May 07, 2014 9:49 PM To: Greg Raetz; Kevin.Biglin; KyleTurner; Leigh Johnson; Leigha Haywoad; l:uke Reisdorf; Mark Hansen; Robyn Browning Cc: Anne Norris 5ubject; Thanksi Hello everyone, I wanted to letyou all know that tomorrow will be my last day at Target. I'm resigning and have accepted a positian that will take mywife and lto Omaha, NE. It's an amazing opportunity, but of caurse I will miss everyone here in Minneapolis! 1 will be around off and on throughout the next few weeks but will also have to resign my position on the EQG..just as I was becoming ChairC! I have really enjoyed this opportunity to work with all of you as we worked to drive environmental issues in our community. Best of luck to a�l of you and to the EQG! Kevin Biglin : 1 � � � : _ � � _: : '� �r�� Memorandum ��. DATE: May 15, 2014 TO: Mayor and Council FROM: Chrissy Serres, City Clerk SUBJECT: Resignation from Human Rights Commissioner David Harlow I have received notice of Human Rights Commissioner Harlow's desire to resign from the Human Rights Commission. Please accept his resignation. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... � COUNCIL STAFF REPORT ��"�°' Regular A�enda Item: Commission Appointment ��t�r�r�►�: May 20, 2014 Council Meeting FROM: Administrative Services Coordinator Trudy Tassoni DATE: May 16, 2014 TO: Crystal City Council City Manager Anne Norris RE: Appointment to the Environmental Quality Commission The Environmental Quality Commission (EQC) has three vacancies on this 10-member commission. Its charge is to advise the City Council in matters relating to the conservation of environmental resources, including the study and proposa] of possible environmental po]icies, and to promote public education and awareness relating to such environmental issues. This commission a]so motivates interest in the proper use of, and care for, the natura] resources of the city and seeks information about laws, policies, and regulations of all levels of government that may have environmental or ecological significance for the city. At this time, Dave Anderson is seeking appointment to the EQC. A criminal history check completed by the Police Department came back clear. Mr. Anderson was interviewed by Mayor J. Adams, Council Liaison J. Selton, and Commission Vice Chair G. Raetz, who unanimously recommend his appointment. Council Action Requested Please consider appointing Dave Anderson to the Environmental QualiLy Commission. for an unexpired term to expire on December 31, 2015. A copy of his application is attached. The criminal histo�y check is available in the Police DepaNt7nent. ,� _ . .. , , . . . . . _ . . APPLICATION FOR CITY BOARDS & COMMISSIONS Return application to: 4141 Douglas Drive N, Crystal MN 55422 Fax: (763) 531-1188; Email: trudv.tassoni crvstalmn.gov. Please check one: � New Applicant ❑ Reappointment Thank you for your interest in serving your community as a volunteer. Please indicate below the board or commission which you would like to be appointed to. (Note eligibility requirements - a member of a board or commission must be a lawful resident of Crystal and, if required, a resident of the Council ward from which they are appointed.) Your application will be kept on file for one year. ❑ Charter Commission ❑ Employee Review Board �Environmental Quality Commission Human Rights Commission ❑ NW Hennepin Human Services Council ❑ Parks & Recreafion Commission (Ward ) ❑ Planning Commission (Ward ) ❑ Watershed Mgt Organization — Bassett Creek ❑ Watershed Mgt Organizafion — Shingle Creek ❑ West Metro Fire Board PERSONAL INFORMATION (�lease print) Name I.Jc`1�Y2. _�c�l-�r-Sc�r�, Length of residence in Crystal yS"f�rs First M��+��P Last Street Addres Home Phone Cell "' Work Phone Email � Zip � .� Zi�� _ Employer�hl �ePc�,/�Crn-2n�' �`� e,v�ntr�Occupation lq�JPe��S �� Gt {" STATEMENT OF INTEREST Why are you interested in serving on this City board or commission? � war� �o Gon�)rt�� ,a b�. 1nv6�v� DY IMPORTANT ISSUES FACING OUR COMMUNITY What do you think are the most important issues facing our community over the next several years? Y1e-W I(�U�I )c �0�'� �QG�f �� 'F)Y1i S� S Lr�ee.� w2 G6Y�-- ��,rv��r Pro�rc��►'� Cf Im-�,i o,r �h�e-�er��n �Fl�i� Describe what issues and ideas you would like to see addressed by the board or commission you would like to serve on. („r� I:\Commissions\Vacancies\Application For City Boards And Commissions.Doc Page 1 of 3 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... COMMUNITY, CIVIC, OR VOLUNTEER EXPERIENCE Please list your volunteer experience. ATTENDANCE AND CONFLICT OF INTEREST Are you aware of the meeting schedule for this board or commission and are you abie to attend meefings regularly? Yes�_ No (For reappointments only: If you have not been able to attend meefings regularly, please explain: A conflict of interest may arise by your participation in an activity, action, or decision from which you receive or could potentially receive direct or indirect personal financial gain. Do you have any legal or equitable interest in any business which, in the course of your participation on this board or commission, could give rise to a conflict of interest? Yes No�,_ (If yes, please provide details on a separate sheet of paper.) As a board or commission member, what issue(s) might cause conflict between your civic responsibility and personal or professional interests? How would you manage these conflicts? NEW APPLICANTS ONLY: Have you attended and observed a commission meeting for which you've made application? Yes, on ,/� �..+� ��'l 20,� �� 1 u Not yet, but I will attend a meeting on (date of ineeting) (date of ineeting) EDUCATION AND PROFESSIONAL EXPERIENCE 1 l Describe your education and/or professional experience. �'� h'1 SLr �r�4 �� 14 S��61 ti _ , _ � vU � l 11 �.,,.�.. �,� �L 1 � d � I --�-� � � �a� REAPPOINTMENTS ONLY: COMMISSION OR BOARD HIGHLIGHTS Describe a highlight(s) or accomplishment(s) of the board or commission during your last term. I:\Commissions\Vacancies\Application For City Boards And Commissions.Doc Page 2 of 3 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... IMPORTANT INFORMATION CONCERNING YOUR APPLICATION DATA PRIVACY NOTICE: Minnesota law requires that you be informed of the purposes and intended use of the information you are providing on this application. Pursuant to Minn. Stat. §13:601, your name, address, length of residence, occupation, education, training, civic affiliations, qualifications, and experience are public data and is available to anyone who requests the information. The information you provide will be used to identify you as an applicant, enable us to contact you when additional information is required, send you notices, and assess your qualifications for appointment. This data is not legally required, but refusal to supply the information requested may affect the City Council's ability to accurately evaluate your application. Should you be appointed to a board or commission, pursuant to Minn. Stat. §13.601, your residential address will become public informafion. In addition, either a telephone number or email address where you can be reached will become public. The purpose is to list contact information for commission members on a public roster. Please select which of the following you will allow listed on a public roster (you must select either email or one phone number): ❑ EMAFL OR PHONE (may choose more than one): �home ❑ work ❑ cell ❑ ALL OF THE ABOVE 1 have read the data privacy notice given above and authorize investigation into all statements contained in this application. Furthermore, 1 authorize the City of Crystal to conduct a criminal history background check, pursuant to Crystal City Code Section 311.01, Subd. 2, for purposes of determining my eligibility for a volunteer position with the City. MN Driver's License or MN State ID Number: _. _ _ . If known by previous name, provide: __ ____ -- -- � �� Applicant's signature � --1 � -� 1 �� Date f � �Process. .... . ....................... ...... ............................................................................................................ .� Step 1 Complete an application . : Step 2 Return the completed application to the administrative services coordinator : Step 3 Participate in a 15-minute interview with the mayor or mayor pro tem, commission chair, and council liaison of the commission : Step 4 New applicants only: attend a council meeting to be formally appointed to the commission : :... ..................................................................................................................................................................................................: I:\Commissions\Vacancies\Application For City Boards And Commissions.Doc Page 3 of 3 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... COUNCIL STAFF REPORT ��T,- o� Resolution authorizing the issuance, sale and delivery of revenue cKvsTA�. bonds relating to The Cavanagh Apartments FROM: Patrick A. Peters, Community Development Director �� TO: Anne Norris, City Manager (for May 20, 2014 City Council Meeting) DATE: May 14, 2014 RE: Consider resolution authorizing the issuance, sale, and delivery of revenue bonds relating to The Cavanagh Apartments project; and approving the form of an authorizing the execution and delivery of certain documents relating to the revenue bonds BACKGROUND The Contract for Private Development between the Crystal EDA and Dominium for The Cavanagh Senior Apartments established in part that the financing of certain costs associated with the acquisition and construction of The Cavanagh would be paid through issuance by the city of tax exempt Housing Revenue Bonds. The Bonds will be special, limited obligation bonds of the City and will be payable solely from revenues derived from the Cavanagh project and pledged by the Borrower, Crystal Leased Housing Associates I, LLLP [Dominium entity], to the city under the terms of a loan or revenue agreement. The Bonds will not be general obligations of the city and will not be secured by or payable from any assets, revenues or other property of the city. The city's role in this transaction is that of a conduit for the Bonds. As such, the Borrower is required to pay the city's expenses in connection with the issuance of the Bonds, including the city's one-time administrative fee of 1.00% of the principal amount of the Bonds. On May 21, 2013, the City Council held the required Public Hearing and approved Resolution #2013-35 authorizing issuance of revenue bonds in an amount up to $15 million for the financing of certain costs associated with The Cavanagh Senior Apartments. On April 17, 2014, the City Council approved a resolution authorizing the issuance of revenue bonds for The Cavanagh in the amount of $13.8 million. On April 29, Dominium informed the city's bond counsel of a recent drop in interest rates that now allows for a higher supportable mortgage. As a result, Dominium is requesting an additional $500,000 in bond proceeds, which will allow for the highest construction quality and fewer "value engineering" considerations. The new bond amount of $14.3 million is below the Council- authorized issuance amount of $15 million. RECOMMENDATION Recommend approval of the attached resolution authorizing the issuance, sale and delivery of revenue bonds relating to The Cavanagh Apartments project; and approving the form of and authorizing the execution and delivery of certain documents relating to the revenue bonds. ATTACHMENTS ■ A — Resolution � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... CITY OF CRYSTAL, MINNESOTA RESOLUTION NO. 2014- AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF REVENUE BONDS RELATING TO THE CAVANAGH APARTMENTS PROJECT; AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS RELATING TO THE REVENUE BONDS WHEREAS, the City of C�ystal, Minnesota (the "City") is a home rule city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to car►y out the public purposes described in the Act and contemplated the��eby in the financing of housing within its boundaries, by issuing revenue bonds to defi�ay, in whole or in part, the cost of the acquisition, construction, and equipping of multifamily rental housing developments, and by entecing into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, Crystal Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower"), the general partner of which is Crystal Leased Housing Associates I, LLC, a Minnesota li►nited liability company, requested that the City issue its j•evenue bonds, notes, or obligations unde�• the Act, in one or more series, the proceeds of which were to be loaned by the City to the Borrower to be applied by the Borrower to the acquisition, construction and equipping of a 130-unit independent multifamily senior housing development known as "The Cavanagh" to be located at 5401 51 S` Avenue North in the City (the "Project"); and WHEREAS, in order to finance a portion of the costs of the Project, on December 27, 2013, the City issued its Multifamily Housing Revenue Bonds (C�ystal Leased Housing Associates I, Limited Partnership Project), Series 2013 (the "Series 2013 Bonds"), in the original aggregate principal amount of $13,800,000; and WHEREAS, as of the date of this Resolution, the Borrowej• has represented to the City that the Series 2013 Bonds remain outstanding in the principal amount of $13,800,000; and WHEREAS, the Sei•ies 2013 Bonds were issued pursuant to a resolution adopted by the City Council of the City on December 17, 2013, and an Indenture of Trust, dated as of December l, 2013, by and between the City and U.S. Bank National Association; and WHEREAS, the Borrower has requested that the City issue its (i) Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014A (the "Senior Bonds"), and (ii) Subordinate Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014B (the "Subordinate Bonds" and togethe►• with the Senior Bonds, the "Series 2014 Bonds") in order to (a) ►•efund the Series 2013 Bonds and (b) provide additional funds for the acquisition, construction and installation of the Project and �•elated costs; and � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... WHEREAS, as a condition to the issuance of such revenue bonds, notes, or obligations under the Act, the City must adopt a housing program providing the information required by Section 462C.03, subdivision 1 a, of the Act (the "Housing Program"); and WHEREAS, under Section 147(fl of the Internal Revenue Code of 1986, as amended (the "Code"), pcior to the issuance of such revenue bonds or obligations, a public hearing duly noticed must be held by the City and under Section 462C.04, subdivision 2, of the Act, a public hea��ing must be held on each housing program after one publication of notice in a newspaper circulating generally in the City, at least fifteen (IS) days before the hearing; and WHEREAS, at the request of the Borrower, on May 21, 2013, the City Council of the City held a public hearing regarding a Housing Pt�ogram and with respect to the issuance of up to $15,000,000 of conduit revenue bonds to finance the Housing Program and the Project, pursuant to and in conformance with the Act and Section 147(� of the Code, for which notice was duly published as required by the Act; and WHEREAS, after the public hearing, the City Council of the City adopted Resolution No. 2013- 35 approving of the Housing Program and granting preliminaiy approval of the Series 2013 Bonds in an original aggregate principal amount not to exceed $15,000,000; and WHEREAS, the City previously applied to the Minnesota Management & Budget for allocation of bonding authority for the Project in an amount not to exceed $13,800,000; and on November 25, 2013 the Minnesota Department of Management & Budget office authorized allocation in the amount of $13,800,000 for the issuance of the Series 2013 Bonds for the benefit of the Project and the Boi•rower; and WHEREAS, on April 17, 2014, the City Council of the City adopted Resolution No. 2014-19 (the "Prior Resolution") which authorized an amount not to exceed $13,800,000 of Series 2014 Bonds to be issued by the City foc the purpose of loaning the proceeds of the Series 2014 Bonds to the Borrower in order to current refund tlle Set•ies 2013 Bonds; and WHEREAS, the Borrower has advised the City that interest rates in the tax-exempt bond market have decreased recently and the Bor�•ower believes that it can raise more funds for the cost of the Project through a tax-exempt bond issue that is $500,000 larger than the original Series 2013 Bonds and that debt service on the proposed larger issue of Series 2014 Bonds would be at substantially the same debt service level as originally contemplated by the Borrower; and WHEREAS, at the request of the Borrower, on May 12, 2014, the City applied to the Minnesota Management & Budget for allocation of additional bonding authority for the Project in an amo�mt not to exceed $500,000; and on May 19, 2014 the Minnesota Depai�tment of Management & Budget office authorized an additional allocation in the amount of $500,000 fo►• the issuance of the Series 2014 Bonds for the benefit of the Project and the Bo►•rower; and WHEREAS, the Borrowec has requested that the City replace the Prior Resolution with this Resolution and inccease the authorized amount of the Series 2014 Bonds fi•om $13,800,000 to $14,300,000; and WHEREAS, forms of the following documents, including the exhibits referred to therein, have been submitted to the City with respect to the Senior Bonds: and (i) an Indenture of Trust, dated on or after May I, 2014 (the "Seniot� Indenture"), from the City to U.S. Bank National Association, as trustee (the "Series 2014A Trustee"); 2 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... (ii) a Loan Agreement, dated on or after May 1, 2014 (the "Se�lior Loan Agreement"), by and among the City and the Borrower (iii) a Bond Purchase Agreement, dated on or after May 1, 2014 (the "Series 2014A Bond Purchase Agreement"), by and among the City, the Borrower, and Dougherty & Company LLC (the "Underwriter"); (iv) a Combination Mortgage, Secw•ity Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated on or afte�• May l, 2014 (the "Senior Moi•tgage"), by the Bo�•rower to the City; (v) an Assignment of Moi-tgage, dated on o�• after May 1, 2014 (the "Assignment of Senior Mortgage"), by the City to the Series 2014A Trustee. (vi) a Regulatory Agreement, dated on or after May 1, 2014 (the "Senior Regulatory Agreement"), between the City, the Borrower, and the Series 2014A Trustee. The Senior Indentuce, the Senior Loan Agreement, the Series 2014A Bond Purchase Agreement, the Senior Moi-tgage, the Assignment of Senior Mortgage, and the Senior Regulatoiy Agreement are referi•ed to collectively as the "Senior Bond Documents." WHEREAS, forms of the following documents, including the exhibits refer�•ed to therein, have been submitted to the City with respect to the Subordinate Bonds: (i) a Subordinate Indenture of Trust, dated on or after May 1, 2014 (the "Subordinate Indenture"), from the City to U.S. Bank National Association, as trustee (the "Series 2014B Trustee"); (ii) a Subordinate Loan Agreement, dated on or after May l, 2014 (the "Subordinate Loan Agreement"), by and among the City and the Boj•rower (iii) a Bond Purchase Agreement, dated on or after May 1, 2014 (the "Series 2014B Bond Purchase Agreement"), by and among the City, the Borcower, and the Underwritei; (iv) a Subordinate Combination Mortgage, Secw•ity Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated on or aftec May 1, 2014 (the "Subocdinate Mortgage"), by the Borrowej• to the City; (v) an Assignment of Subordinate Mortgage, dated on or after May 1, 2014 (the "Assignment of Subordinate Mortgage"), by the City to the Se►•ies 2014B Trustee. (vi) a Subordinate Regulatoiy Agceement, dated on or after May I, 2014 (the "Subocdinate Regulatory Agree►nent"), between the City, the Borrower, and the Series 2014B Trustee. The Subordinate Indenture, the Subordinate Loan Agreement, the Series 2014B Bond Purchase Agreement, the Subordinate Mortgage, the Assignment of Subordinate Mortgage, and the Subordinate Regulatory Agreement a►•e referred to collectively as the "Subordinate Bond Documents." � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... The Senior Bond Documents and tlle Subordinate Bond Documents are referred to collectively as the Secies 2014 Bond Docu►nents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA, AS FOLLOWS: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and prese�•vation of an adequate housing stock, which is affordable to persons and families of low or moderate income, 111CIL1CII11�T those who are age 55 years and older, that accomplishing this is a public purpose, and that many would-be providers of housing units foc low and moderate income persons in the City are either unable to afford mortgage credit at present macket rates of interest or are unable to obtain mortgage credit. Based on representations of the Borrower, the City also hereby finds, determines, and declares that the Project, upon consh•uction by the Borrower, will have a design that is meant to be affordable and that at least fot-ty percent (40%) of the dwelling units in the Project will be held for occupancy by families and individuals with adjusted gross incomes not in excess of sixty percent (60%) of the median family income. In addition, as required by the Contract for Private Development, as amended, between the Borrower and the Ciystal Economic Development Authority, each unit in the Project will have at least one occupant whom is 55 years or older. Section 2. The City further fnds, determines, and declares that the purpose of an Amended and Restated Housing Program, to incorporate the issuance of the Series 2014 Bonds, the proceeds of which will be used to reiinance the Series 2013 Bonds, the proceeds of which are being used to finance the acquisition, construction, and equipping of the Project for occupancy primarily by persons of low and moderate income, and, the City approves and adopts the Amended and Restated Housing Pi•ogram, as on file with the City, for all purposes under the Act. The City also hereby approves the Project and the financing and refinancing thereof for purposes of Section 147(� of the Code. Section 3. This resolution replaces, in its entirety, the Prior Resolution. For the purpose of �nancing and refinancing the Project and the Amended and Restated Housing Program, the City hereby authorizes the issuance of the Series 2014 Bonds in the aggregate principal amount not to exceed $14,300,000. The City hereby authorizes the Series 2014 Bonds to be issued, in one or more series, as "tax-exempt bonds" the interest on which is not includable in gross income for federal and State of Minnesota income tax pw•poses. The issuance of the Series 2014 Bonds is subject to final agreement between the City, Underwriter, and Borrower with respect to the terms of the Series 2014 Bonds and the Series 2014 Bond Documents. All of the provisions of the Series 2014 Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delive�y the�•eof. The Series 2014 Bonds shall bear interest at such j•ates, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption pt'ior to maturity, shall be in such forms, and shall have such other details and provisions as are prescribed by the Senior Indentu�•e and the Subordinate Indenture on file with the City, which forms are hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Series 2014 Bonds, the stated maturities of the Series 2014 Bonds, the interest cates on the Series 2014 Bonds, and the terms of redemption of the Series 2014 Bonds) as the Mayor of the City (the "Mayor") and the City Manager of the City (the "City Managet"), in their disc�•etion, shall determine. The execution of the Series 2014 Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delive�y of the Series 2014 Bonds by the City shall be conclusive evidence of such determination. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... In connection with the issuance of the Se��ies 2014 Bonds, the Borcower will enter into the Senior Regulatory Agceement and the Subordinate Regulatory Agreement relating to compliance with certain fedecal and state requirements applicable to the Project. The principal of, premium, if any, and interest on the Series 2014 Bonds shall be payable solely from the revenue pledged therefor by the Borrower and the Series 2014 Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the City or a charge against the City's general credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Senior Loan Agreement or the Subordinate Loan Agreement. The Series 2014 Bonds are not genej•al oi• moral obligations of the City and are not secured by any taxing power of the City. During construction and until occupancy stabilization of the Project, the principal of, premium, if any, and interest on the Senior Bonds will be secured by the Senior Mortgage, which the City will assign to the Series 2014A Trustee pursuant to the Assignment of Senior Mortgage. As additional security for the Senior Bonds, a Series 2014A Guaranty Agreement, dated on or after May 1, 2014 (the "Series 2014A Guaranty"), fl•om Paul R. Sween, Armand E. Brachman, and Mark S. Moorhouse to the Series 2014A Trustee will secure repayment of the Senior Bonds. The principal of, premium, if any, and intei•est on the Subordinate Bonds will be secured by the Subordinate Mo►-tgage, which the City will assign to the Secies 2014B Trustee pursuant to the Assignment of Subordinate Mortgage. As additional security for the Subordinate Bonds, a Series 2014B Guaranty Agreement, dated on or aftet� May 1, 2014 (the "Series 2014B Guaranty"), fi•om Dominium Holdings II, LLC, a Minnesota limited liability company, to the Series 2014B Trustee will secure repayment of the Subordinate Bonds. As additional security foj• the Subordinate Bonds, the Economic Development Authority of the City of C�ystal shall issue a Taxable Tax Increment Note, Series 2014 dated on or after May 1, 2014, which shall be pledged by the Borrower to secure the Suboi•dinate Bonds. Section 4. The forms of the Series 2014 Bonds and the Series 2014 Bond Doc�nnents are hereby approved. The Mayor and City Manager are hereby authorized and dit�ected to execute and deliver the Series 2014 Bonds and the Secies 2014 Bond Documents to which the City is a party. All of the p�•ovisions of the Series 2014 Bonds and the Series 2014 Bond Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delive�y thereof. The Series 2014 Bonds and the Se��ies 2014 Bond Documents shall be substantially in the forms on file with the City with such omissions and insei-tions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 5. All covenants, stipulations, obligations, repcesentations, and agreements ot� the City contained in this resolution or contained in the Series 2014 Bonds and the Se�•ies 2014 Bond Documents, or other documents referred to tlierein shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, rep�•esentations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the Series 2014 Bonds, the Series 2014 Bond Documents, or other documents refer►•ed to therein shall be exercised or performed by the City, or by such officers, board, body, or agency as may be i•equired or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement hecein contained or contained in the Series 2014 Bonds, the Series 2014 Bond Documents, or other documents referred to above shall be deemed to be a covenant, stipulation, E � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the me►nbers of the City Council nor any officer or employee executing the Series 2014 Bonds shall be liable personally on the Series 2014 Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 6. Except as herein otherwise expressly provided, nothing in this resolution or in the Series 2014 Bonds or the Series 2014 Bond Documents, expressed oj• implied, is intended or sllall be construed to confer upon any person, fi�•m, ot� corpor�ation other than the City, the Borrowe�•, the holders of the Series 2014 Bonds, the Ser�ies 2014A Trustee and the Series 2014B Trustee any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Series 2014 Bonds. or the Series 2014 Bond Documents, or any provision thereof; this resolution, the Sei•ies 2014 Bonds, the Series 2014 Bond Documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and the holders from time to time of the Series 2014 Bonds issued under the provisions of this resolution, the Senior Indenture and the Subordinate Indenture, and the Borrower to the extent expressly provided in the Series 2014 Bonds and the Series 2014 Bond Documents. Section 7. In case any one or moi•e of the provisions of this 1•esolution, or of the Series 2014 Bonds, or the Series 2014 Bond Documents, shall for any reason be held to be illegal or invalid, such illegality oc invalidity shall not affect any other provision of this resolution, or of the Series 2014 Bonds, oj• the Series 2014 Bond Documents, but this resolution, the Series 2014 Bonds, and the Series 2014 Bond Documents, shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Series 2014 Bonds and the Series 2014 Bond Documents, the pledge of revenues derived fi•om the Project, the pledge of collate�•al derived fi•om the Project, the creation of the funds provided for in the Senior Indenture and the Subordinate Indenture, the provisions relating to the application of the proceeds derived fi•om the sale of the Senior Bonds pursuant to and under the Senior Indenture, the pt•ovisions relating to the application of the proceeds derived fl�om the sale of the Subordinate Bonds pursuant to and tmder tlle Subordinate Indenture and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Series 2014 Bonds and the Series 2014 Bond Documents, and the invalidity of any provision of the Series 2014 Bonds or the Series 2014 Bond Documents shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other money, proceeds of the Senior Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Senior Indenture, and proceeds of the Subordinate Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Subordinate Indenture, it being the intention hereof that such commitments on the part of the City are as binding as if contained in this i•esolution separate and apart fi•om the respective Indenture. Section 8 The Series 2014 Bonds, when executed and delivered, shall each contain a recital that they are issued pui•suant to the Act, and such recital shall be conclusive evidence of the validity of the Series 2014 Bonds and the regularity of the issuance the�•eo£ All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Series 2014 Bonds, and to the execution of the Series 2014 Bond Documents and the other documents referred to therein to happen, exist, and be performed pi•ecedent to and in the enactment of this resolution, and precedent to the issuance of the Series 2014 Bonds, and precedent to the execution of the Series 2014 Bond Documents and the other documents referred to above have happened, exist, and have been pei•fo►•med as so i•equired by law. The Sei•ies 2014 Bonds shall also each contain a recital that they are special, limited obligations of the City. Section 9. The City Council, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection 6 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... with this resolution and the Series 2014 Bonds, the Series 2014 Bond Documents, and the other documents referred to therein for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2014 Bonds, the Series 2014 Bond Documents, and the other documents referred to above, and this resolution. Section 10. The Mayor and the City Manager are authorized and directed to execute and deliver any and all certificates, agreements, instrument, or other documents which are required by the Series 2014 Bond Documents, or any other certificates or documents which are deemed necessary by Kennedy & Graven, Charteced, as bond counsel to the City, to evidence the validity or enforceability of the Series 2014 Bonds, the Series 2014 Bond Documents, or the other documents referred to in this resolution, or to evidence compliance with applicable provisions of the Code, as amended; and all such agreements or representations when made shall be deemed to be agreements or repi•esentations, as the case may be, of the City. Without limiting the generality of the foregoing, the certi�cates, agreements, and othei• documents may include, but ai•e not limited to: (i) one or more endorsements to tax or arbitrage certificates of the Bor�•ower; and (ii) Infot•mation Return(s) fo�• Tax-Exempt P►•ivate Activity Bond Issues, Form 8038 (Rev. April 2011). The Mayor and the City Manager are hereby designated and authorized to take such other administ��ative action as is permitted or required by the Series 2014 Bond Documents. The officers of the City, Kennedy & Graven, Chartered (as bond counsel for the City), other attorneys, enginee��s, and other agents or employees of the City a��e hereby authorized to do all acts and things requit�ed of them by or in connection with this resolution, the aforementioned documents, the Se►•ies 2014 Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2014 Bonds, in the aforementioned documents, and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council or any officer of the City delegated the duties of the Mayor shall be authorized to act in his capacity and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager of the City is unable to execute and deliver the documents ►-eferred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. Section 1 l. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel for the City, to pi'epare, execute, and deliver its approving legal opinions with respect to the Series 2014 Bonds. Section 12. The City has not participated in the preparation of the Prelimina�y Official Statement or the Official Statement relating to the offer and sale of the Senior Bonds (collectively, the "Series 2014A Official StatemenY'), and has made no independent investigation with respect to thc information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Undei•writer in connection with the sale of the Seniar Bonds of the Series 2014A Official Statement. The Series 2014A Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Senior Bonds. The City has not participated in the preparation of the Preliminary Official Statement or the Official Statement relating to the offer and sale of the Subordinate Bonds (collectively, the "Series 2014B Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Subordinate Bonds of the 7 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Series 2014B Official Statement. The Series 2014B Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Subordinate Bonds. Section 13. This resolution shall be in full force and effect from and after its passage. (The remainder of this page is intentionally left blank.) � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Adopted by the City Council of the City of C�ystal, Minnesota, this 20th day of May, 2014. CITY OF CRYSTAL, MINNESOTA By: Its: Mayor By: Its: City Manager Attest: By: Its: City Clerk CR225-412 ([3WJ) 443225v.1 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. COUNCIL STAFF REPORT CITYof proposed Hearinq on 2014 Mill and Overlav Proiect CRYSTAL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 20 City Council Meeting) DATE: May 15, 2014 RE: Accept Feasibility Report and Order Public Hearing for 2014 Mill and Overlay Con�truction, Project #2014-21 INTRODUCTION The Feasibility Report for the 2014 — Mill and Overlay Project of the streets in the Winnetka Hills Neighborhood (Phase1) has been completed and finds that the proposed improvements are warranted and feasible. The project would include all of the streets that were rebuilt in 1995 as part of the Phase1 Street Reconstruction Project. Please see the attached location map in the Feasibility Report. The work includes curb and gutter repair, sanitary and storm sewer manhole repair, asphalt base reconditioning, milling and asphalt repaving of approximately two inches of the existing street section, and re-striping. DISCUSSION City street pavements are designed for an initial surface life of 20 years. The City of Crystal pavement management plan includes a maintenance regime that extends the life of the street to 35 years. According to the plan, each street receives a sealcoat every 6 to 8 years after construction, and then a mill and overlay 20 years after construction. Sealcoating then resumes on the 6 to 8 year cycle depending on pavement condition. Based on 20 years, 2014 would be the time to replace pavement surfacing in the Phase 1 area. The streets of Phase 1 were sealcoated at years 7 and 14 after reconstruction. If the Council adopts the attached resolution accepting the Feasibility Report and ordering the public improvement hearing, the hearing to order the project would be held at the June 17 Council meeting. A neighborhood meeting is tentatively scheduled for Thursday, May 29 at City Hall. Resident comments and input will be shared with Council prior to the public improvement hearing. � 1 � 1 1 . .\... ....! \ .•.. _ . .•.. ■ .. ♦ �� 3. . � �. :. In 2010; as part of the 36t" Avenue mill and overlay project, the Cauncil developed and adopted a palicy using Chapter 429 af the State Statutes ta special assess the benefiting property owners ta fund local street mill and averlay prajects. The adapting resolutian and resulting palicy are attached as part of the study. The palicy specifies that the full cost of the mill and averlay work would be special assessed ta the benefitting property. There are no impacts to the General Fund for this project: The totai construction cost is estimated at $954,338: The assessment far bath mid- black and carner single family and/or duplex lots is estimated ta be appraximately $1,975 per lot; and far carner single family/or dupiex lats abutting caunty roads ar an a street nat part of this project is estimated to be appraximately $987.50. Rssessments would be levied aver a yet to be determined periad of 10 ar 15 years at an interest rate of approximately 5%0, payable beginning with 2015 property taxes. 1t is recammended that the City Cauncil adopt the attached resolution accepting the Feasibility Repart and ordering the public impravement hearing for the 2014 Mill and Uverlay Gonstruction, Praject #2Q14-21. es ctfully submitte , � Thomas A. Mathisen City Engineer - I:pubworks/projects/2014/winnetkahillsmillandoverlay/acceptfeasibil#yorderprjcthrngmem Winnetka Hills � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. RESOLUTION NO. 2014 — RECEIVE 2014 — STREET MILL AND OVERLAY FEASIBILITY REPORT AND ORDER HEARING ON IMPROVEMENT WINNETKA HILLS (PHASE 1) NEIGHBORHOOD PROJECT #2014-21 WHEREAS, a feasibility report dated May 15, 2014 has been prepared by the Engineering Department with reference to the improvements of the rights of way for the the streets of the Winnetka Hills Neighborhood (Phase 1) and this report was received by the Council on today's date May 20, 2014. NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council: 1) The Council has received the Feasibility Report. 2) The Council will consider the improvements for such streets in accordance with the Report and the assessment of abutting property for all or a portion of the cost of improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $954,338. 3) A public hearing shall be held on such proposed improvements on the 17th day of June, 2014 in the Council Chambers of City Hall at 7:00 p.m., or as soon thereafter as the matter may be heard, and the clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Crystal City Council this 20th day of May, 2014. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk l:Pubworks/projects/2014/winnetkamillandoverlay/recfeasibiltyorderheraingres Winnetka Hilis � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. CITY of CRYSTAL FEASIBILITY REPORT FOR 2014 MILL AND OVERLAY WINNETKA HILLS NEIGHBORHOOD (PHASE 1) Crystal, Minnesota Project No. 2014-21 State Aid Project No. 106-322-010 May 15, 2014. INTRODUCTION A report on feasibility for improvements to resurface the streets in the Winnetka Hill Neighborhood (Phase 1) was ordered by the Crystal City Council on May 6, 2014. Standards established in the Overall Pavement Study, the 2007 Update, pavement management experience and evaluation of the existing pavement surface identifies the streets in the Winnetka Hills Neighborhood as warranting rehabilitation by the mill and overlay method. The City of New Hope wishes to participate in and extend the limits of the project from its westerly corporate limits with Crystal, the same as in 1995, a distance of 135 feet to Boone Avenue, all within the boundaries of New Hope. New Hope will bear full financial responsibly for this segment of the project. Crystal will take the lead for project design and project management. HISTORY In 1995, these streets originally constructed during the 1960's development era of the Winnetka Hills Neighborhood, were reconstructed as part of the Phase 1- Street Reconstruction Project, the first of sixteen City of Crystal scheduled street reconstruction projects. "The project improvements were designed according to typical design standards of the tiine. PAVEMENT MANAGEMENT PLAN Reconstructed city street pavements are designed for an initial surface life of 20 years. The City of Crystal pavement management plan includes a maintenance regime to extend the life of the pavement to 35 years. According to the plan, each street receives a sealcoat every 6 to 8 years after construction, with a mill and overlay planned for 20 years after construction. Sealcoats will then continue based on pavement condition. Based on 20 years, 2014 would be the time to replace the pavement surface in the Phase 1 area. The streets of Phase 1 were seal coated at years 7 and 14 after reconstruction. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. EXISTING CONDITION The pavement surfaces are showing signs of moderate to severe distress including severe stripping and rutting. Over the years there have been numerous utility excavations including a water main lining project, which have resulted in patches across the neighborhood streets. The uneven surfaces cause birdbaths that turn to ice in the winter. The roadways have become a continual maintenance problem requiring regular attention from the Street Maintenance Department. The existing width of the roadway surface is 30 feet for local streets and 32 feet for MSA routes (32"d Ave). Measured face of curb to face of curb and the average asphalt thickness is 3 '/2 inches. SCOPE The project includes: • Replacement of concrete curb and gutter and sidewalk as warranted. • Repair of deteriorating manhole and storm sewer structures. • Repair and replacement of damaged or broken manhole and storm sewer castings and gate valve boxes. • Milling the existing surface to a 2" depth. • Bituminous base reconditioning (patch and crack seal the milled surface). • Repaving and increasing the crown fi�om 2% to 3%. • Restriping (32°d Avenue). • Replacing dated traffic signing as warranted. • Construction to begin August, 2014. FINANCIAL IMPACTS and SPECIAL ASSESSMENT FOR MILL AND OVERLAY In 2010, as pai-t of the 36t�' Avenue mill and overlay project, the Council developed and adopted a policy using Chapter 429 of the State Statutes to special assess the beneiiting property owners to fund local street mill and overlay projects. The adopting resolution and policy are attached. The policy specifies that the full cost of the mill and overlay work would be special assessed to the benefitting property. It is anticipated that this project will be fully funded through special assessments to the benefitting properties. The attached project inap identifies those properties. The total construction cost is estimated at $973,033. Ciystal's estimated share for the project is $954,338. The attached worksheet shows the estimated assessment rates. The assessment for both corner and interior single family and/or duplex lots within the improvement area is estimated to be $1,975 per lot. For corner single family/or duplex lots abutting county roads or on a street not part of this project, the rate is estimated to be $987.50. Assessments would be levied over a yet to be determined period of 10 or 15 years at an interest rate of approxiinately 5%, payable beginning with 2015 property taxes. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. RECOMMENDATION The proposed improvements are warranted and feasible from an engineering standpoint and the work is necessary to extend the useful life of the street infrastructure in the Winnetka Hills Neighborhood. All properties are considered to have benefit of equal or greater value from these proposed improvements when compared to the proposed assessment for any specific parcel. I: /pubworks/projects/2014/winnetkahillsmilloverlay/feasrptwinnetkahills.doc REGULAR AGENDA #3 � Q �. � � � 0 � m � M .. .... 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T: � .. �:i � � �....: � � �� . . . � � , . .� � ,. • '.a•• -• • . , . , � -, • Estimated Project Cost Less Other City Contributians Tatal Project Cost to be Assessed Total Assessable Ailey Front Foatage Assessable Cost per Front Faot Total Assessable Aliey Footage (Nan Single Family) Assessable Cast per Front Foat Non Single Family Footage ta be Rssessed Non Single Family Assessment (0} Residential Amounf to be Assessed Total Residential L.ot Units Assessment Residential Street Unit Assessment Rate $954,337.36 /483.5 (489 Full and 11 Half) 0 $954; 337.36 $954,337.36 45,991 ft: $20:75 lff- 0.00 ft: $0.00 Ift. � �� .� �� $954;337.36 483:50 $1,973.81 /unif t�repar�d by Cryst�l �ngi�eer6ng [3�par#m�r�i � .� � .� � �� N � � �� . � � �, � � Date: �� ' � + �`,� Date: Mick Cyert �homas Mathisen Praject Manager City Engineer i:Jpubworkslproejcts/2014JW innetkaHillsMillOverlaylAssessmentcalc�esibility � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. �RESOLUTION NO. 2010 — 48 ADOPTING ASSESSMENT POLICIES FOR 2010 36� AVENUE AND FUTURE STATE AID AND LOCAL STREET NIILL AND OVERLAY PROJECTS Wf-IEREAS, 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 determined that a special assessment for a portion of that funding is appropriate; and WHEREAS, the City has no previously established assessment policy fox mill and overlay projects, however there are established policies for similar street related projects as shown in Exhibit A; and WHEREAS, the affected properties in the 36�' Avenue project have not previously been assessed for street reconstruction other than a minimal amount for curb and gutter and sidewallcs 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 �, j WI-IER.EAS, in previous full street reconstruction projects, single family/duplex properties received an approxunate 30% reduction in the assessment by using State Aid, Storm Drain Utility, and other funding saurces, and carner lots abutting 36�' Avenue have previously been assessed in the manner described in Exhibit A; and WHEREAS, it is desirable to develop a 36�' 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 fox said mill and overlay project. 2} 36�' Avenue cozner single 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-half a unit street reconstruction rate. 3) Sinnilarly, 36�' Avenue corner single family/duplex properties with driveways on the side street shall not be assessed for the 36th A.venue project because these properties have previously been assessed one full unit street '� reconstruction rate. � 1 � 1 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 praject area. 5) The assessment policy for the 36th Avenue project shall be as described in Exhibit 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 to either mill and overlay, or reconstruct portions of 36�' Avenue, assessment rates for both commercial and non-proiit, an.d single £amily/duplex properties shall be determi.ned 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 1 S` day of June, 2010. ReNae J. Bo an, aYor ATTEST: L�+►.r.�- J et Lewis, City Clerk I:Pubworks/projects2009136 overlay/adoptassmntpolicyres � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. EXHIBIT A CITY OF CRYSTAL SPECIAL ASSESSMENT POLICIES AS THEY RELATE TO STREET MA.INTENANCE AND RECONSTRUCTION AND ALLEY RECONSTRUCTION June 2010 Total construction cost includes contractor and material costs, plus feasibiiity, engineering design, legal, project management, bonding, levy, and other related costs. Front footage is measnred at the property line. Front footage is a measurement based on both sides of the street, not street centerline footage. Assessed Sealcoat l. 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 nnit. 2. Single family/duplex corner properties are assessed at the same anit cost as for non-corner properties. 3. CommerciaUnon-prufit properties (including chnrches) are assessed based on total project construction cost per front foot for the entire project times the nnmber of front feet for a given parcel. 4. CommerciaUnon-profit cornerr properties are assessed based on the entire front footage of both sides of the propeMy. Allev Reconstraction 1. Alley reconstructian assessments are based on 60% of the total construction cost. The remaining 40% is paid by the Storm Drain Utility. This applies to single family/daplex and C/N-P proPerties alike. 2. Alley reconstruction is assessec� in a manner similar to sealcoat. Non-corner single family/dnplex properties are assessed on a per unit cost based on 60% of the total construction cost �er 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. 3. Single family/daplex corner properiies are assessed at the same per anit cost. 4. C/N-P properties (including churches) are assessed based on 60% of the total project construction cost per front foot for the entire Project times the number of front feet for a given parcel. 5. C/N-P corner properties are assessed based on the entire front footage of both sides of the property were there to be an aliey project on two sides of a corner property. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. Street Reconstruction Street reconstraction Projects have two assessment categories. The first is the street constrnction assessment, vc�hich is assessed in a manner similar to sealcoat assessments, i.e. a per unit basis for single family/duplex, and a per front foot basis for CIN-P properties. Street construction includes all construction work associated �vvith the project, including storm drainage work, but not including curb and gutter vvork. The second category is the curb and gutter assessmeut �which is assessed on a front foot basis at a rate based on the status of the existing or non-existing curb. Single family/duhlex properties receive a credit of approximately 30% of the actual street construction cost partion (per unit cost) of the assessment based on State Aid and Storm Drain Utility Funds that are distributed equally across said properties on a per unit basis. 1. Properties vvith frontage on a Municipai State Aid Street are assessed in the same manner as properties on non-State Aid municipal streets. For the purposes of this docament, and unless differentiated otherwise, "local street" includes both State Aid and non-State Aid municipal street frontages. 2. Single family/daplex properties are assessed for the street reconstruction portion on a per nnit cost based on total street 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 per unit cost. 3. Non-corner single family/duplex properties are assessed on a per unit cost basis for the street reconstruction portion, regardless of length of front faotage. Curb and gutter is assessed on a total cost per front foot lbasis and the 30% reduction is not applicable. 4. C/N-P Properties are assessed on a front foot basis for both street and curb and gutter assessments, and the 30% reduction does not apply. 5. A single family/duplex corner �property that has its driveway on a county road is assessed one half of the unit street cost for local street reconstraction and the standard amount for curb and gatter. 6. A single family/duplex corner property that has its driveway on a Iocal street with the other side on a county road is assessed at the fnll unit street cost and the standard amount for curb and gatter. 7. A single family/duplex corner property with both sides on a local street and within the project area, is assessed one full unit street cost, and for curb and gutter based on the full length of the short side (regardless of vvhich way the front door faces), and one-third of the �rst 13S feet and 100% of any length beyond 135 feet on the long side. 8. A single family/duplex c�rner property with both sides on a local street, but only one side in the project area, is assessed one-half of the anit street cost and the standard amount for curb and gutter on the reconstructed side. The balance to be assessed when the other Iocal street side is reconstructed. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. 9. All properties with any frontage on a county road are not assessed for the couniy road portion when the couniy road is rebuilt. 10. Three or more properties with frontage and driveways on an unimproved street will have the street built to local street standards and are assessed at the standard rates. If only two of the three properties have driveways on the unimproved street, the two properties may petition to have the street built to local street standards as part of the larger project, and be assessed accordingly. The third property would be a corner parcel and �vould be assessed accordingly. If there is no petition, then the private driveways in the right of way remain the responsibility of the property owners. 11. For the two or less unimproved street parcel situation, a corner parceI with frontage on an improved street, regardless of what side the driveway is on, is assessed one fnll nnit street cost and the standard amount for curb and gutter. If the �arcel has no improved street frontage, the parcel receives no assessment, however the Private driveway located in the unimproved right of vvay is the responsibility of the property owner and is not improved as part of the project. 12. Non-corner single family/duplex parcels with frontages on two streets (front and back yard for example) are assessed in the same manner as a corner lot, including the long and short side cnrb and gutter policy. 13. There are three carb and gutter assessment rates that apply equally to single family/duplex and C/N-P properties: s Properties with no existing curb and gutter are assessed at the full curb and gutter rate. • Properties with the old "D" mountable style curb are assessed at 75% of the fuli rate. • Properties with the city standard "B618" ct�rb are assessed at a "reincorporation" rate specific to each project based on estimated removal and replacement costs. This rate is approximately 25% of the fall rate. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. EXHIBIT S CITY OF CRYSTAL SPECIAL ASSESSMENT POLICY FOR T�IE MILL AND OVERLAY OF STATE AID STREET 36�H AVENUE June 2010 Total mill and overlay constrnction cost includes contractor and materiat costs for asphalt and cnrb and gutter and sidewalk repair, plus feasibility, engineering design, legal, project management, bonding, levy, and other related costs. Front footage is measared at the property line. Total project front footage is a measurement based on both sides of the street, not street centerline footage and includes single family/duplex corner lots with driveways on the side street even thongh those corner lot properties will not be assessed as part of the project. Total single family/duplex properties front footage is the total of all single family/duplex front footages, including those with driveways on the local side street. Single familyldaplex properties receive a credit of approximately 30% of the actual mill and overlay cost of the assessment based on State Aid Funds that are distributed equally across said properties on a per unit basis. The credit is due to this project being treated as a reconstruction and not a maintenance project. 1. Single family/duplex properties are assessed for mill and overlay on a per unit cost based on total coustraction cost per front foot for the entire project less approximately 30%. The total single family/duplex properties front footage times this revised cost per front foot divided by the number of net whole parcels of single family/duplex properties (excluding corner parcels with driveways on the side local street) determines the per unit cost. 2. Non-corner single family/duplex pro�erties are assessed on this �er unit cost basis for mill and overlay regardless of length of front footage. 3. CommerciaUnon-profit properties (including charches) 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. The 30% reducti�n does not apply. 4. Single family/duplex corner properties that have driveways on 36th Avenae are assessed one half of the unit mill and overlay cost. These properties have already been assessed for a one half unit of street reconstruction on the local street. 5. Single family/duplex corner properties that have driveways on a local street with the other side on 36`h Avenue, have already paid a full street assessment. These properties wi11 not be assessed for the 36th Avenue mill and overtay project. They will receive a full unit mill and overlay assessment when their respective local street is mill and overlayed. 6. In the future when it is necessary to mill and overlay 36t�' Avenue again, the assessment rates for both commercial and single family/duplex properties will be determined based on the mosi recent large overlay Project that included a combination of local and state aid streets, adjusted for inflation. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. 7. Tn the future when it is necessary to do a total reconstruct of 36`h Avenue, the assessment rates for both commercial and single family/duplex properties will be determined based on the most recent large total reconstruct project that included a combination of local and state aid streets, adjusted for inflation. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. EXHIBIT C CITY OF CRYSTAL SPECIAL ASSESSMENT POLICY FOR THE MILL AND OVERLAY OF STATE AID AND LOCAL STREETS (EXCLUDIIVG THE 2010 36T� 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, Project management, bonding, le�vy, and other related costs. Front footage is measnred at the property line. Front footage is a measurement based on both sides of the street, not streei centerline footage. 1. Non-corner single family/duplex properties are assessed on a per nnit cost based on total project construction cost per front foot for the entire project. The total single family/daptex 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 nnit, 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-haIf unit if only one side is being overlayed. 3. 36th Avenue Frontage Excepetfons: Corner lots with driveways fronting on 36th Avenue are assessed at one-haIf of the side street rate when the side street is overiayed. Corner lots with driveways fronting on the side street are assessed one full unit �vvhen 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. CommerciaUnon-profit corner properties are assessed based on the entire front footage of both sides of the property. T:/pu bworks/projects/2009/3GthOverlay/Assessm entpolicies2 � 1 � 1 1 . I .\... ....! \ .•.. _ � . .!. ■ ... 4141 Dauglas Drive 1'�Torth � Crystal, Minnesota 55422-1696 Tel: (763) �531-1000 • Pax: (763) 53I-1188 • ww�v.ci.crystal.��7n.us � � , . �, *> �, � . ' ! • • ", � .� � • � x WNEREAS, �isa Vague has been a Crystal police officer since January 6, 1986; and WHEREAS; during her career; Officer Vague has been a DARE instructor, and an officer active in and recognized by the community for her compassion and professianalism; and WHERERS; Officer Vague has received multiple letters of cammendation for excellent police work; and WHERERS, Officer Vague has done an autstanding jab of not only serving the citizens of Crystal but being an informal leader within the police department; and WNEREAS; Officer Vague provided this outstanding service to the Crystal community for 28 years; an� WNEREAS; Officer Vague wiil retire from Crystal palice service on May 31, 2014: N�W; THEREFORE, BE IT RESOLVED by the City Council af the City of Crystal that on behalf of the City Couneil, City Staff and Citizens of Crystal, Pofiee Offieer Lisa Vague be thanked and commended for her dedication and outstanding service to the City of Crystal. Adopted by the Crystal City Cauncil this 20th day of May; 2014: Jim Adams, Mayor ATTEST: Christina �erres, City Clerk 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTA� CITY COUNCI� SECOND WORK SESSION AGENDA Posted: May 16, 2014 Tuesday, May 20, 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 20, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Peak Selton Adams Budziszewski Deshler Hoffmann Libby Staff Norris Therres Revering Meehan Peters Mathisen Gilchrist Serres I1. Aqenda The purpose of the work session is to: • Consider formal comments on Bottineau Transitway Draft Environmental Impact Statement (DEIS) • Discuss changes to City Code regarding securing ignitions • Receive commission liaisons reports/updates* I11. Adiournment The work session adjourned at p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City C/erk at (763) 531-9 945 at least 96 hours in advance. TTY users may cal/ Minnesota Relay at 711 or 1-800-627-3529. CITY.of iCRYSTAL DATE: TO: cc: FROM: SUBJECT: Memorandum May 12, 2014 Mayor and City Council (for May 20, 2014 Council Work Session) Anne Norris, City Manager Tom Mathisen, City Engineer John Sutter, City Planner/Assistant Community Development Director Patrick A. Peters, Community Development Director � Bottineau Light Rail — Comments on Draft Enviro ental Impact Statement The Draft Environmental Impact Statement (DEIS) for the development of the Bottineau Transitway has been published and is out for review and Public Hearings. The comment period ends May 29, 2014, following which the Bottineau initiative moves into Project Development (includes preliminary and final engineering) and preparation of a Final Environmental Impact Study (FEIS) with an eye on securing federal funding and, ultimately, construction of the Bottineau LRT (aka, Blue Line Extension). The DEIS is available for viewing on-line at http://www.bottineautransitwa .��or�/ and at Crystal City Hall, among other locations. In accordance with the parameters of the DEIS process, it is appropriate that the City of Crystal offer comments specific to the potential impacts that the construction and operation of the Bottineau LRT may have on the city and its residents. Following discussion at the May 20 Council Work Session, staff will prepare a comment letter, to be signed by the City Manager, that itemizes the primary issues associated with the Bottineau line's planned route through Crystal and for which satisfactory mitigation measures will need to be identified in the FEIS and planned for implementation during the Project Development phase. The impacts identified in the DEIS that are of particular interest to Crystal are noise, vibration and traffic. Noise With regard to the projected noise impacts along the C Alignment (that portion of the Locally Preferred Alternative in Crystal), the report indicates that there are a significant number of adjacent noise sensitive land uses that are predicted to experience noise impacts from LRT construction and operation, if unmitigated. The attached Figures 21 and 22: Alignment C Noise Impact Locations, illustrate the properties in Crystal that are assumed to suffer noise impacts, either "moderate" or "severe." A total of approximately 246 dwelling units (single-family, 2- family and apartment units) are assumed to have "severe" impacts from noise. While there are some anticipated impacts associated with construction noise, the DEIS does acknowledge the city's noise ordinance restrictions in that regard, and the construction activity is temporary. The predicted operational noise impacts that are of profound concern are those most directly associated with the sounding of a train horn in advance of at-grade crossings at Corvallis and West Broadway, where the train is operating in excess of 45 miles per hour. Noise from the sounding of a train horn is particularly concerning at or near those two crossings because it poses an increase to the baseline noise within what are predominantly residential neighborhoods. Page 1 of 3 In addition, the impacts associated with the horn are intensified by the number of train trips through these crossings as shown by the service schedule in the report, which is assumed to be: • Early morning (4:00-6:00 a.m.): every 20-30 minutes • Peak periods (6:00-9:00 a.m. and 3:00 — 6:30 p.m.): every 7.5 minutes • Midday (9:00 a.m.-3:00 p.m.) and Evening (6:30-10:00 p.m.): every 10 minutes • Late evening (10:00 p.m.— 2:00 a.m.): every 30 minutes In keeping with DEIS preparation protocol, the report identifies a range of noise mitigation measures that may have varying levels of effectiveness in reducing the severity of the predicted impacts. Table 5.6-8 Proposed Noise Mitigation Measures for Operational Impacts (attached) identifies various potential noise mitigation methods that may be considered, including the establishment of quiet zones, which the City holds will be the most effective within the Crystal segment of Alignment C. The report states that the request for quiet zones for at-grade crossings must be initiated by the respective municipality. However, it also states that "...the municipalities may also be required to provide improvements at grade crossings such as modifications to the streets, raised medians, warning lights, and other devices." It appears reasonable from the City's perspective that, while the city will certainly work with responsible agencies to initiate the quiet zone requests, any and all costs associated with quiet zone improvements must be borne by the project and not by the City. With regard to the proposed crossing at West Broadway, the Crystal Comprehensive Plan (relevant excerpt attached) contemplates Hennepin County-initiated discussions about removing that part of West Broadway (CSAH 8) south of Douglas from the county road system and subsequently whether the West Broadway s-curve crossing of the BNSF tracks at 48th Avenue North either ought to be reconstructed as is, reconfigured, replaced by a crossing in a different location or eliminated. The Bottineau project should incorporate this roadway evaluation into the FEIS and Project Development phase to determine the feasibility of eliminating the rail crossing at West Broadway, thereby eliminating one of the two potential crossings in Crystal needing quiet zone treatment. Finally, also regarding Figure 22: Alignment C Noise Impact Locations, there are two commerciaUindustrial properties misidentified as residential (the vacant industrial property at 5216 Hanson Ct and the vacant commercial property at 4940 West Broadway), and one commercial property (4947 West Broadway) that as of May 8, 2014, is no longer a church and will be developed for the City's a new Public Works facility. These three properties should no longer be included in the list of properties with potential for severe impacts from noise. Vibration Ground-borne vibration (GBV) is the oscillatory motion of the ground that, for transit projects, can be best described in terms of vibration velocity. Typical GBV levels from common sources range from imperceptible background vibrations of approximately 50 VdB (vibration decibels) to 100 VdB, the threshold for structural damage. Annoyance is reportedly not significant unless the vibration exceeds 70 VdB. Typical rapid transit GBV is around 70-72 VdB. Four residential properties (classified as "Category 2" uses) in Crystal have been identified as having potential for impacts from vibration (Figure 39 in the Technical Report, attached) in the range of 72-90 VdB, depending on proximity to the track centerline. There are various mitigation measures identified in the study that can be implemented in the Crystal segment, but the report specifically discusses "...modification or relocation of crossovers between Corvallis Avenue North and West Broadway Ave....as well as installation of track vibration isolation treatment." Page 2 of 3 The Bottineau project should incorporate successful mitigation measures for vibration evaluation in the FEIS and during Project Development. Traffic The only transit station proposed in Crystal will be located within the BNSF railroad right-of- way just south of Bass Lake Road. The current proposal for this station does not contemplate any park and ride or kiss and ride facilities. If this is to be the case, it is reasonable to expect that, without appropriate design considerations that anticipate such activity, some vehicles will drop off and pick up transit riders by stopping on Bass Lake Road and Bottineau Boulevard, thus obstructing traffic flow. The DEIS points out that station area plans, which would include the park and ride facilities (and presumably kiss and ride facilities, as well) have not been developed but would include a full traffic analysis of such facilities. The DEIS states that roadway improvements such as turn lanes or additional intersection controls may be needed to accommodate the additional traffic generated. Similarly, the station area planning effort for the Bass Lake Road station, the FEIS and Project Development all need to include a detailed analysis that satisfactorily addresses the potential adverse impacts associated with the lack of an off-street drop off or parking area that can support the station without compromising traffic operations. With regard to pedestrian crossings, the DEIS proposes that new or improved sidewalk crossings of the railroad corridor are to be included in the final design of the Bass Lake Road, Corvallis Avenue (replacing existing sidewalk on south side of roadway) and West Broadway Avenue crossings in Crystal. The City looks forward to participating in the process to ensure that Crystal residents will have safe pedestrian facilities that connect neighborhoods across the rail corridor. 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'r '1 u i t�a, �� 'n`ro':' d ,,,ih+�3��. 3�?�;�F+.�'.. . . . . . �,PY .... t.,. .. .. ..... ... ... ... . . .. ... ... ... . .. .. ... . �� : ',. , , .; �� ,��. � � �� De��mberz012 �,. ; � �� ,u..:. � �� _>�� ORAFT ENViRONMENTAL Ifi9PACT STATEPAENT �' � m m mx �. _ �m mv _ _, ,..A.a_...... °1. f1 ti O Q C �� 9 C � a � �� k � � �° ro � C"� � � � December 2012 � � � � . ��4 : � .: . , , xbi ��°a. DRAFTENVIRONMENTALIMPAGT S7ATEMENT 1"�bl� �� . F�c�t�r��i�� i�� it�g�t�a��a ��ar�� r C�p�r�iicar��l Ir�p��fifi� t March 2Q14 5-59 ROADWAY JURISIDCTION POLICIES � Hennepin County continues to express their intent to eliminate CSAH 8 from their road system and turn it�over to the city. The city would accept responsibility for this roadway only after it is �reconstructed to urban standards with municipal consent or the county provides the city with the funds to accomplish same. The city agrees that the segment south of CSAH 102 (Douglas Dr) is a good candidate for turnback. However, the city is unsure whether the segment north of CSAH 10 (56th/Bass Lake Rd) is a good candidate for turnback and would not consider such a change without further study and consultation with the cities of New Hope and Brooklyn Park. 2. To make the MSA street system better fit with traf�c patterns, hierarchy of streets and land uses, some MSA designation changes are desirable. However, MSA designations influence the amount of motor fuel tax revenue the city receives from the state. Some of the existing designations were made to maximize revenue for early stages of the street reconstruction program, resulting in a disproportionate share of MSA mileage in the southern third of the city. However, any attempts to un-designate streets that have already been reconstructed might trigger MnDOT requirements for return of MSA funds. Therefore any such changes would require analysis of their financial impacts for the city; if such impacts are significant, the financial impacts would likely trump planning considerations and the changes would not be made. This means that most changes to MSA designations are likely to occur in those neighborhoods where the streets have not yet been reconstructed. The implementation section reflects this reality, and the map differentiates between those changes that are practically unlikely (labeled "Idealized") and those that could realistically be accomplished (labeled "Implement"). � � ROADWAY JURISIDCTION IMPLEMENTATION ITEMS Negotiate with Hennepin County regarding the removal of CSAH 8(West Broadway) from the county road system (likely after 2010). For the segment south of CSAH 102 (Douglas Dr), this includes addressing the question of whether the West Broadway s-curve crossing of the BNSF railroad at 48th Avenue ought to be reconstructed as-is, reconfigured, replaced by a crossing in a different location, or eliminated. For the segment north of CSAH 10 (56th/Bass Lake Rd), this would include consideration of the broader question of whether such a turnback is warranted in the first place 2. Implement the following MSA route designation changes: ■ Designate as MSA Sumter Avenue from 56th Avenue to 58th Avenue. This is the best north- south route for designation in the Broadway neighborhood due to the presence of inedium and high density residential uses on the west side of the street in New Hope. Designate as MSA 58th Avenue from Sumter Avenue to West Broadway. This is the best east-west route for designation in the neighborhood because it is the longer of the two routes connecting to West Broadway (59th is the other). Also, it serves the Crystal Towers apartments which are within New Hope but are located approximately halfway between 56tn Avenue and West Broadway along the proposed Sumter-58`h MSA route. CRYSTAL COMPREHENSIVE PLAN — AFTER AMENDMENT 2012-A PAGE 54 l�' � Corvallis where it transitions into a lower speed, lower volume roadway in a predominantly residential area (see item 5 below). Hennepin County has expressed a desire to remove CSAH 8(West Broadway) from its road system and turn it over to the city. Typically this would include reconstruction of the older sections north of 57th Avenue and south of Fairview Avenue from rural to urban standards. As part of the negotiations between the county and the city, there would be a planning and design process including a study of the s-curve crossing of the BNSF railroad at 48`h Avenue. The study should consider at least the following four alternatives for dealing with the railroad crossing: ■ Reconstruct the railroad crossing essentially as-is, possibly with some property acquisition to meet current design standards. ■ Reconfigure the railroad crossing into a more right-angled 48th Avenue crossing. ■ Close the crossing and replace it with a new crossing, for example by completing the.gap in 47`" Avenue between West Broadway and Vera Cruz Avenue, and possibly also closing another existing crossing at 451/z Avenue in Robbinsdale. On the east side of the railroad, West Broadway would transition north into Vera Cruz Avenue, and on the west side of the railroad, West Broadway would transition south into Welcome Avenue. ■ Close the crossing without replacing it with a new crossing. Again, on the east side of the railroad, West Broadway would transition into Vera Cruz Avenue, and on the west side of the railroad, West Broadway would transition into Welcome Avenue. Any of these alternatives should also consider whether to maintain West Broadway as a Major Collector south of Corvallis Avenue. It might make sense to designate Corvallis Avenue from CSAH 81 (Bottineau Boulevard) to West Broadway as a Major Collector and designate West Broadway south of Corvallis as a Minor Collector. (See item 4 above.) 6. Study 36�` Avenue from Welcome Avenue west to CSAH 102 (Douglas Drive) to determine the appropriateness of the existing four-lane configuration for current and future traffic volumes. The study should examine options to improve safety and handle traffic volumes, including but not limited to the following alternatives: ■ Leaving the roadway as-is. ■ Leaving the roadway as-is but restricting left turns during peak hours. ■ Re-striping the roadway so it has two westbound lanes, a center left turn lane, and one eastbound lane. ■ Widening the roadway approximately 12 feet to add a center left turn lane. ■ Widening the roadway approximately 18 feet to add a median with left turn lanes. ■ Some hybrid of one or more of the above alternatives. In addition to the cost of such a project, the impact of widening on the adjacent properties and neighborhoods must be considered along with the traffic and safety bene�ts of such a project. Alternatives involving widening would not be eligible for federal financial participation through the regional solicitation process unless the classification is changed from Major Collector to Minor Arterial. 7. Work with Hennepin County and the City of Robbinsdale to study CSAH 9(42°d Avenue a.k.a. Rockford Road) through Crystal to determine the appropriateness of the existing four-lane configuration for current and future tra€fic volumes. The study should examine options to improve safety and handle traffic volumes, including but not limited to the following alternatives: ■ Leaving the roadway as-is. ■ Leaving the roadway as-is but restricting left turns during peak hours. CRYSTAL COMPREHENSI VE PLAN — AFTER AMENDMENT 20 i2-A PAGE 64 � � � ��wa. ;:. � ,, ,�'��s . DRA�'TENViRONMENTAt IMPACTSTATEMENT �' � � �t � � �� ( 1 � �� December 2012 � � �' _ : '. . ,, . ; -, "Se�vice with Compassion and Integ�ity " TO: Mayor and CouncillVlembers FROM: Stephanie K. Revering, Chief of Police �"�c''� CC: Anne Norris, City Manager li,. , � ,, ► : �. �: ' ;�! � .�.r.� �� .,: In an attempt ta follow state law and guidelines we have drafted an addition to our parking ordinance regarding securing vehicle ignitions. City 1�ttorney Mike Norton has rev=iewed the draft ordinance. Attached is a copy for your review. Deputy Chief Meehan wzll be presenting at the work session in case you have any follow up questions. Thank you. CITY OF CRYSTAL ORDINANCE #2014- AN ORDINANCE RELATING TO CHAPTER XIII TRAFFIC, MOTOR VEHICLES AND OTHER VEHICLES - AMENDING SECTION 1310-PARKING REGULATIONS REGARDING SECURING IGNITIONS The City of Crystal Does Ordain: Section 1. Section 1310.05. Other parking restrictions oi the Crystal city code is amended by adding a new Subdivision 9 as follows: Subd 9. Securing I�nitions: a) No person may leave a motor vehicle, except commercial motor vehicles enga�ed in loading� or unloading, unattended upon any street, alley, used car lot, or unattended park.in� lot, without first sto�ing the vehicle, and renderin ig t inoperable and removin tg he ke,y from the ignition or the fob from the activation area. b) Whenever a police officer, or community service officer or reserve officer working under the direction of a�olice officer, fmds a motor vehicle standing unattended with the i ign tion key in the vehicle in violation of this section, such officer is authorized and em�owered to remove such key from the vehicle and to deliver the key to the Crystal Police De�artment for safekeepin�. Alternatively, the officer may secure the keys by placin� them in the vehicle so thev are not visible from the outside and lock the vehicle. c) A violation of this subdivision will not mitigate the offense of stealing such motor vehicle, nor mav such violation be used to affect a recoverv in anv civil action for theft of such. motor vehicle, or the insurance thereon, or have anv bearin i-'g n anv civil action. Section. 2. This ordinance is effective in accordance with Crystal City code, subsection 110.11. First Reading: Second Reading: Publication: Effective Date: Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 443526v1 CR205-30