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2014.10.07 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Te]: ('763) 53l -1000 • Fax: ('763) 53l -1188 • www.crystalmn.gov ���� ����� ��� ►�i�� ��� Posted: October 3, 2014 City Council Meeting Packet for Tuesday, October 7, 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 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, irt. ri. Y 1.? tj�i�e t�i:� +� li a � si i i{. t t.. J s,,,£st��.� rkft rr! y 4 t. j.itts i7r .t,�r,. > l..:u> �t rik..t7a t r., �S��t...:u t.u�.i�c��?{i .s 1ki....�r...t ,t�(.r„2 .s. � i����s17,��)�S{iti } ;,:.�t���s �i,t���tf,t ), `�,'.����,sst�t��,s�:5�'t�f £,,,.��',.�.., � r .?� '���� �t. ` {„t ;� z��,,' �s..t.,,�}ttsrt.,,��9,r�ah�s,.�X,�sz�„1�t�!a�;i,� }n�j,tstt��{':: u ,,,, �� �..���a� , ���� �.r, rr�,t+�;: }<�, Council Work Session to discuss: • Setting a meeting date to canvass the 6:30 p.m. General Election results Conference Room A • Closing city offices on December 24 6:45 p.m. EDA Regular Meeting Council Chambers 7:00 p.m. Regular City Council Meeting Council Chambers AuxiliaNy aids are available upon request to individuals with disabilities by calling the City CleNk at (763� 531-1145 at least 96 hours in advance. TTYusers may call Minnesota Relay at 711 oN 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTAL CITY COUNCIL WORK SESSION AGENDA Tuesday, October 7, 2014 6:30 p.m. Conference Room A Posted: October 3, 2014 Pursuant to due call and notice given in the manner prescribed by Section 3.0� of the City Charter, the work session of the Crystal City Council was held at p.m. on Tuesday, October 7, 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 Norton Deshler Serres Hoffmann I1. Aqenda The purpose of the work session is to discuss the following agenda items: • Setting a meeting date to canvass the General Election results • Closing city offices on December 24 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) 539-1145 at /east 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. � M emorandum �r�� ��} ������. DATE: September 30, 2014 TO: Mayor and City Council FROM: City Manager Anne Norris CC: City Clerk Chrissy Serres SUBJECT: Special City Council meeting needed to canvass the results of the Municipal General Election The City Council is required to canvass the vote and declare the results of the Municipal General Election for the offices of: ■ Councilmember Section II ■ Councilmember Ward 1 ■ Councilmember Ward 2 M.S. §205.185, subd. 3(a) requires the canvass to be conducted between the third and tenth days after an election. Staff is proposing to conduct the special meeting on Friday, November 7 at 5:00 p.m. We believe this time to be most cost-effective and efficient to meet the canvass requirements. The Council should discuss scheduling a meeting on Friday, November 7 to canvass the results of the Municipal General Election. ; � Memorandum ���� ����fi�L DATE: October 1, 2014 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Closing City Hall on December 24 City offices (except Police) are closed on December 25 in observance of the Christmas holiday. While city offices are open on December 24, there are very few calls from residents or businesses and even fewer walk-in customers. Employees would appreciate the Council considering closing city offices on December 24. If city buildings were closed on Wednesday,December 24, employees would have the option of using vacation, comp time, a day without pay or working that day. The Council should discuss whether to close city offices on Wednesday, December 24. r � ra � �' , >. �i` i, �- - �• r i: �: �.� • ; ;, � _ �r, � �. = - ,� ,. : , .� . ,. � . . � i � •. � • •-: . 's ; � #,. .�• • . �" . _ � ,. ..� � �_ � � , -�r : r=, f % • �� . • : ., n ,� _, _, _ _. - - `R• . � � • :+�� ._♦ �._ : � , * �- � �`.: � •_ : ,� �-^ __ ... ;,�, � _ •.�� : �t ., s � .�• ;" � • = .. � - * � - �-�. s •• i 4� � ��� ,, 09/30/14 G:\EDA�Agendas\2Q14\10.07.docx I�i�t���s �f �h� I � ;1 �I � ! �: 1`=' .1,, i �: Presid�nt I�eshler called the special meetin� of the Crystal Economic I�evelopm�nt Auihoriiy to order ai �:56 p.m. Upon call of ihe roll, the following members were present: Jim Adams, John �udziszewski, Juii� Deshler, Mark �-ioffrnann, Cas�y P�ak and Joe Selton. The foliowin� siaff inembers were �resent: Patrick Peters, Deputy Executive Directors Johz� �ut�er, City Planner/Assistant �omrnunity D�velopment I�irector, I�im Therr�s, Assisfant City Mana�er/H12 Mana�er; and I�ike IVorton, City Attorney. Mation by Commissioner I-�affmann (�elton} to approve the minutes from the Se�tember 2, 2014 regular meeting. IVlotion carried. The EDA held a public hearin� to consid�r a resolution autharizing the sale of a lot at 5�24 Re�ent Avenue North to Novak�Fleck for new house construction. Pr�sident D�shler opened the public hearing. No one appeared and the hearing vvas closed. Motion by Commissioner I-�offmann (Selton) to adopt IZesolution #2014�10 authorizing the sale of a loi at 5�24 �eg�ni Avenue North to Novak�Fl�ck for new house consiruction. �lotion �arri�d. The EDA considered a resolution authorizing the purchase of vacant �Iennepin County property at 4724 Lakeland Av�nue North. Motion by Commrssioner Adams (Peak) ta adopt Resoluiior� #2014�11 auihorizin� the �urchase of vacant Henne�in Caunty property at 4724 Lakeland Avenue 1`�orth for a not to �xc�ed amount of $25,000. �/toiion cani�d. The EI3A cansidered a r�salutlon authorizin� the purchase of vacant tax forf�it�d prop�rty at 572� t)re�on Court North. Motian by Cornmissianer Hoffmann (Budzisz�vvski) to adapt th� resolution a�athorizin� the purchas� of vacant t�x forfeit�d property ai 5728 Oregon Couri IVorth. �otion fail�d. Motion by Commissioner Seltan (1'�ak} to amend th� regular meeting agenda to cansider a r�solution authorizin� the purchase of foreclosed property ai 6526 45th Avenue Nor�h. Motion carri�d. Cornznissioner Hoffmann left the me�tin� at 9:30 p.m. Th� EI7A considered a resoluiion authorizin� the purchase of for�clos�d property at b52b 45�h l�venu� North. Ma�ic�n b�� Comm�ss�c�ner P�ak (Adarr�s} io adopt ��solu�ic�� #201�n12 auihc�rizi�� ihe p�r�h�s� of foreclos�d property ai 6526 45`�' Avenue No��th for an amount not to exce�d �SO,Q00. �otion carried. Under ath�r business, Mr. Sutter repor�ed on the recent clo�ings on the sale of EDA lots at 4349 Xenia Avenue I�Tarth and 4326 Zane Av�nue North for new house construction. �Iotion by Commissioner Adams (Selton) to adjourn ihe special mee�ing. Nlotion carried. Th� meeting adjourned ai 9e40 p.m. Julie I3�sh1�r, President � �Iark Hofimann, Vice President _ ,c�rv;oa'' Giil'S'd`AL ,� ; .>. i : -, -_.... _� a>y „� _ __ . �, _: : � �'w � t •.. . >. � .,� 1 ' , � ; ; * �' . �' �.; . �� � � _ � �� R �, � � �� ` � .. ,� : = i � � ` � � ,�. '� _ r' �' "' ,�; .,. � ; . � i � • i, %'� � � i � � � � � . � �. - i %, � :'. �: i , . � �. � = . � � ' • �� "�° � �.. � �;� ��`r � " � •. �. ''- t; ,i + .- -. - - •�• ._ •. . �; • �• . • " • •�• • • • _ i 4. f` '! " � .. _ �- _._� � �,� � � � ,,, ,� � — �- - i * ! • . — • • � .; t. _ � � ... ,... � - . • . � ! . ,., ,. • • • � � ,�, � �.. :_ � . " � :: ' '' � ,r :� > �� �. � �.: ^ : < . � , • .:. 4 f . `� ' �'. 1 ' • - �_ � -r .. ��� �. � i '� � . .;_ �r ��� . �,��� =� � •, - .�i, �+.-„,� �• _ i, i.`;" 'k _,� ,f i � ��i!` � �. •., �_. � ,- .� �� � � a � � _ . � -r " • i ''. � i � � i ., � � �`�� � _ �— � . � � � + 4 �`i! s`. � � 1 �" � i' ., .. � '� � * _ „' f 4• +. _„ �: • ^ ' - ' � ! � ,r _ � � i " � � �� _ y ' ` _� ! ' '�� ! � . ,. .. . . „ , — � ,• ! .. � '� . it! i .. • � - •�i' ! !� . � .!: '' ' � ^� ! . ^ f t 'r` • " �' ��_ _* ` � �� •" ,�* _ ��,-. - - � .: � .. " r . � s. 4'. , ' _ � . ! � - , i i •" _! t ,. * * •_>,� _ ,, _ �:�. ��� ,. �� • • • �: • -* ;� � • - , • t- - � • � r . � •a • i" a. _ • � . * .• •.�* w_ �i • � �- �► �► _ _ • � . � • , . � s • �� _ i ; , • +r s, #� ^ .. • . - .� - . • � � - � � : . * . ,; � f � _ � � - - � ir _ � , � t� '.ff A printout of the �ryst�l page �n �MH�'s Hou�ing R�s�urc� �ent�r w�b�ite is �tt��h�d. � � "�� 11i � � . , � � .� �-. - �„ � - ��.. ._ _ _ � `� �� .:•• �.f �- — f._. �. � � . + �_ � • �� � _ �� _ �� �. ._, � _ . , � _ _ _. • �.�_ � — � . .: �rF. ; . - :.."'-.* - 51�� 1 7 ,4 1 consfruction consulfa�ions provided : . . , �► • +► • • - • ' • '" • i � h� •� � . .�: "`- _ " • 4 i"A � w• M • >I ;; � • • +► � • • •- ` i• i ! # • • �• ; ` :.;, �, R i •,.� i�e UV�I'1C��� i� CZ�V� to pric�rifize :_r a:�_ tn: �� for °VIC�S #`t � � ar 2�0i as a �i�''s t�� • . � � � :pofo, - �m jusf C�i1C�, eGi 1'Tlt�. '1C�'t'Yle �Y ny'ham� GMHC iC?I'112." ,, : � -= - . �.: ,;a . ; . ; . :�_ :; ._• -. + o`;'.� �i,;s� • � s .; :. �' `� , i . i • `". !` ; . r f , � • !'- �� i, , _ - � �_ ;;l, ' � � ! ! i., : �� � ' i ��31 � �� � �,�_ � =" �� � � � Crystal Rehab Incentiv� Proqram Depending on household incam�, applicants can qualifij f�r a 1�% 15% or �0% rebate on the total project cosf. ! ��' • i -t '- - i'" .`- -x �i •� .• �-^• i . '"f.-. ` �-if . s- i parficipation agrsement f�r the rebate before �ny work begins or mat�ri�ls are purchased. Maximum rebate is $10,000 per calendar year per household. Minimum project cost must be $2,OOQ fia be eligibl� f�r a rebate. Grvstal �asfi Reso�t Gr�nf (�ast Resort offer� a�3,000 grant to address seri�us �nd immediate health and safety issues or code uiolations. Nousehold income musf not exceed 50% AMi, adjus4ed by household size. C�nsfiructi�n manager evaluation $� City approval are required. Wc�rk must be p�rform�d by a cantractor, no sweat equity aliowed. Minnesnfa Nousinc�C�mmunity �ix tJp Laan �ryst�l is afFering � sp�ci�l law-interest home imprc�vemenf Iaan in partn�rship +tvith th� Minnesota Housing �inance Rg�ncy. Owner-occupied households, fr�m singl�-family up to fsur units, with an �nnua! incom� afi or below �96,5aQ, can barrow up to �50,OC?0 af � 3% int�rest rate. Lc�an term can extend to �C} years. �unds may be used ta rep�ir �r remod�l y�ur home, including energy�s�ving improv�ments. ihis low inter�sfi r�te is availabl� for � limi�ed time. Apply n�w! Also available i� an unsecur�d loan up fo $� 5,�0t3 with no equifiy requirement for � higher interest rate. Hom� Improuement Advice: C7ur construcfiion managers provide free cc�nstrucfion �onsult�ticans to r��idents of Crysfal. These �ervices include: � Site vi�its v,�ith hom�own�r� � Contr�actor ir�formatican � Creat� � list of wt�rk f�r con4ra�tors tt� bid from � R�view con�racfor bid�, prapo�al� �r estim�tes + Accessibility m�difications � Nealth and s�fety issue� �or mare inf�rmatian cont�ct the Hou�ingResource CenterT"' � North 214$ 44th Ave (V Minne�polis MP� 55412 I�hone: (61Z) 588-3d33 ` � G^: � �7 T'HIS IS AN AG EMEN�' entered into the day of , 20_, by and beiween th� Crystal Econom�c Developtnent Authority, ("EIaA"), and � 1�TE12 lYIE'I'�OPOIdIT"AN FI�IISII�� COI2Pi� '�'I�N, a I�irinesota non�profit corporation (66�n11.Suj 1.�.n l99\ . ` V 1 R 1t A. The Consultant has a divisian called The Housin� Resource Center {"HRC"). GMHC has agreed to provide certain Services through I�RC (as defined below) in connection with ihe EDA's housing program. B. The EDA desires ta hire the �onsultant to render this te�hni�al, prof�ssional, and markeiing assistance in connection with housing pragrams zn the EDA for the t�rm as set forth in this Agreement. C. Consultant is willing to provide such services on the terrns and conditions set forth herein. In cor�sideration of the foregoing recitals and following terms, conditions and mutual promis�s coniained herein, the parti�s a�ree as follows: 1. �co�� �f ���i�e�. Th� Consultant shall provide services as follows (th� 661�7 Vrv16+b.JS9}. a. f�dminist�r the fallowin� home irnprovement programs for residents of the City of Crystai (the "City99): M�IFA Fix Up Fund, �ammunzty Fix Up F�nd, and the I�HFI� Rental Rehab Pro�ram (collectively the 66MHFA Pro�rams"): l. Providin� information to residents and prope�y o�vners about the pro�rams, upon r�quesi; assisting the City �viih mark�ting materials through various mediums; 2. Assist th� EDA in develaping pracedur�s for th� programs; 3. Receipi of applications from residents; 4. Processing applications; 5. Closing loans to qualXiied applicants in accordance with the applicable program, 6. Ov�rseeing th� draw process for the funds, rncludin�, as necessary, reviewin� draws, r�viewing the progress of the work and collectin� lien waivers and certificates of occupancy. Consultant may, for this purpase, rely an third-party represeniaiions and certifcations. 7. Provide monthly reparts about the number of loans clos�d and the balance in each loan pro�ram. fb.us.3166730.04 1 b. Assist City resid�nts considerin� rehabilitation, includin� prop�rty visrts, meet with homeowners and potential contra�iors, suggest alternaiives for r�habiliiation to homeowners, educate horri�o�aners on th� consiruction bid proc�ss, assist homeowners to evaluate bids and wo�k compl�ted and constructian progr�ss. c. Pravide housing information to City residents, including informaiion on �m�r��ncy assisiance, housing rehabilitation, first time homebuyers and limited rental information; d. Assisi the EDA in developing programs to purchase and rehabilitate hames; e. �oordinate these services out of Consultant's Ivlinn�apolis ofiice; and f. Have Consultant's staff visit residences as deiermined nec�ssary by Consultant. 2. T�r o This Agreement shall be in fu11 force and effect from January 1, 2015 and sha11 continue through D�cember 31, 2015, unless otherwise terminated as set forth below. 3. C� �er►sat��n. For services provided under this A�reement, ihe EDA shall pay to the Consultant Fiite�n Thousand Dollars (� 15,000.00} within thirty (34) days after �xecuiion of ihis Agreemeni or January 31, 2015, whichev�r is later. The Consultant sha11 receive compensatian for administerin� the MHFA Pro�rams directiy from the �/Iinnesata Housing Finance A�en�y and not from ihe EDI�, 4. Ter�in�tior�. Notwithsianding any other provision hereof to the conirary, this Agreement may be terminated as follows: a. The parties, by rl�utual written agreem�nt, may �erminaie this A�re�rnent at any time in which case the parties sha11 agr�e to th� amount of fees payable to Consultant. b. EDA may terminate this Agre�ment upon ihe br�ach by Consultant of any of iis material covenants contained herein, where such br�ach shail have contlnued far a pegiod of thirty (30) days follawing the r�ce�pt by Consultant of a written noiic� from EDA, specifyin� the alle�ed breach� provided, however, if the natur� of a non-monetary breach is such that Consultant cannoi reasonably cur� same in th� thirty (30) day period, Consultani sha11 not b� deemed to b� in breach if it commenc�s to cure wiihin ihe thirty {30) day period, and dili�ently pursu�s same to completion within ninety (90) days following receipt by Consultant of such written notice. In th� ev�nt of termination by EI�A hereunder, Consultani sha11 b� entitled to fees due to the date the nat�ce of breach is sent by ihe EI)A. c. If Consultant or EDA (as applicable) (i} files a voluntary petitian in bankruptcy (ir} iiles a voluntary peiition for r�organization under any bankruptcy law, statute or r�gulation or oiher similar statui� or regulation, (iii) is adjudicat�d a bankrupt, fb.us.3166730.04 2 (iv) mak�s an assignm�ni for th� ben�fit of creditors or applies for or consents ta the appointment of a receiver or trustee as part of or in �onjianciion wiih a `�creditor plan" wiih respeci to any subsianiial part of its assets, or (v) a receiver or truste� is appointed, or an attachment or execution levied with respect ta any substantial part of its assets, and said appointment is not vacated, or the attachment or �xecution nat releas�d, within sixiy (60) days, th�n this Agreement sha11, eff�ciive as af such date, without notice or further action by ei�her party, immediately terminate. d. Consuliant may terminate this P��reement u�on the breach by EDA of any of its material cavenants contained herein, wh�r� such br�ach shall hav� coniinued for a p�riod of thirty (30} days following the receipt by EDA of a written notice fram Cansultant, specifying the alleged breach; provided, however, if the natur� af a non-moneiary breach is such that EI�A cannot reasanably cure same in the ihirty (30} day periad, EDA shall not be deem�d to be in breach if it commences to cure within the thirty (30) day period, ar�d dili�ently pursues same to compl�tion wiihin ninety (90) days following receipt by EI)A of such writt�n nfltice. In the event of termination by Consultant hereunder. Cansuliani sha11 be entitled to retain the entire f�e under this Agreement. 5. Insuran��. a, I3urin� the term of this A�reement, the Consultant shall obiain and maintain vvorkers compensation, comprehensive general liability, and autornobile liability insurance. Compreh�nsive general liability insurance shall have an aggregate limit of Two Ivlillion Dollars ($2,000,000.00}. b. Upon request by ihe EL)I�, ih� Consuitant sha11 �rovide a certificate or ce�iificates af insurance r�lating io the insurance r�quired. Such insurance secur�d by the Contractor shali be issued by insurance companies licensed in lYiinn�sota. The insurance specified may be in a policy or polici�s of insurance, primary or excess. c. Such insurance shall be in force on the date of execution of an Agreem�ni and sha11 remain continuously in force for the duration of the A�re�ment. a. Notwithstanding anythin� to the contrary in this Agre�meni, ihe EI�Ay 16S O��1C6�1Sy ag�nts, and employ�es shall not be ]iable or r�sponsible in any manner to the Consultant, �he Consultant's successors or assigns, th� Consuitant9.� SUUGOTILT�C�OTSy or to any other persan or persons for any ihird party claim, d�mand, darnage, ar cause of action of any kind, nature, or chara�ter, includin� inientional acts9 ar�sing out of or by reason of the performance of this P��r�em�nt by �onsultant. The Consultant, and the Consultant's successors or assigns, agre� to proteci, defend and save the EI�1�, and its officersy 6A�V1tI.Sy and empioyees, harmless from all third party claims, demands, dama�es, and causes of action, to ihe exteni caused by the fb.us.3166730.04 3 ne�li��nc� or wrongful acts of Consultant, and the costs, disbursemen�s, and expenses of defending the same, i�cluding but not limited to, atiorney� fe�s, consulting services, and oiher technical, administrative or professional assista�ce, b. Nath�n� in this A�reement sha11 constituie a waiv�r or limitatian of any immuniiy or limitatian of any immunity or iimitaiion on l�ability to which th� E1�A is enti�led under Ivlinnesota Staiutes, Chapier 466, or otherwise. 7. Ass��nrri�ni. This Agreement shall not b� assigned, sublei, or transferred, in whol� or in part without the prior writien approval of the EDA. �. �onffl�ct �i Int�rest. The Independent Contractor shall use best efforts ta meet a11 professional obligations to avoid conflicts af interest and appearances of impropriety in representation of th� EDA. In th� event of a conflict, th� Independ�ni Contractar, with the prior written consent af the EDA, shall arrange for suitable aliernative services. 9. Com�lianc� ��th IJaws. The Consultant sha11 comply with all applicabl� F�deral, State, and local laws, rules, ordinances, and regulations at a11 iimes and in the performance of the services pursuant to this Agreem�nt. 10. Noii��s. Any notices permiited or required by this Agreemeni shall be deemed given when personally deliver�d or upon deposit in the United States mail, postage fu11y prepaid, certiiied, return r�ceipt request�d, addressed to: Consuliant: Greater M�tropolitan Housin� Corparation 15 South Sth Sireet, Suite 710 Minrzeapolis, �V 55402 �iTTN: Suzanne Snyder EI�A: Economic Dev�lopment Autharrty af th� City of Crysia� 4141 Douglas Driv� Na�ih Crysial, MN 55422 Attn: Jahn Sutter �r such other address as eiiher par�y may provide io the other by natice �r�ven in accordance wi�h this provision. 1 l. Entir� 1��re�m�nt. This Agre�ment, any attached �xhibits and any addenda ar amendments signed by the parties shall constitute the entire agreemeni betw�en the EDA and the Consultant, and supers�des any oth�r writt�n or oral a�reem�nts between ih� Ei�A and the Consultant. This I-��reement can only be rmodified in writin� si�ned by the EDA and th� Consuitant. 12. T'hfrd 1'ar� I���hts. The parties ta this l��r��ment do not intend io confer on any third party any rights under this A�reement. fb.us.3166730.04 4 13. C�unt�r�ar�s, Thzs A�r��m�nt may be sign�d in on� or �nar� caunterparts but all of which iaken to�eiher shall constituie on� insiriament. 14. �h�ic� €�f Law ��d iT��u�. This A�reement shali be goverried b� and �onsirued in accordance with the laws of th� siate of Minn�sota. Any disputes, conirov�rsies, or clailns arising out af this A�re�ment shall be heard in the stat� ar federal courts of I�inn�sota, and a11 parties io this A�reement waiv� any objection ta th� �urisdiction of th�s� co�ris, wh�ther based on convenience or otherw�se. 15. A���em�nt I�'�t E��lusive. The EDA reiains the righi to hir� oiher housing program consultants, in the EI�A's so�e discretion. 16. Data Pract�c�s A�t Corri�i��n�e. Data provided to the �onsuitani or cr�ated by ih� Consuliant under thrs Agreement sha11 be administered in accordance with the IVlinnesota Governmeni Data Practices Acty �11ll1NJOlL6 �L6.L4.U6�S9 Chapter 13, as arriendede IN WITNESS WHEREOF, the parties hereto have executed, or caused to be execuied by th�ir duly authorized officials, this Agreement on the respeciive dates indicated b�low. I • i t •. , *, � � . � Its: President Date: , 20 Its: Execuiive Director I�ate: , 24 . fb.us3166730.04 CONSULTANT: . . • • � • �; . ! � � � �, � . ,�: Its: President I�ate: , 200 . fb.us.3166730.04 �:,Ct't'Y.nP �. '�������" e 1 rov nt Inc ntiv r r f r 1 � .; - . �. � _ ..: � ,.; x� � -% .� - - ' �-:. � : � • ` :�: • �' . �- � � � : � � . s �, . i : � :. f; , �� � _ ,_ __ ; : � �, " " . :. ,�' =. ; : ;' " ; :" ` r f s, • �, �; . , � , � � � � 4. i � ;� s :�: �, ' i; " - _ 1�1 � � � . •i- ; -r . _ _ * •� y � * _ � � _. _ �.: ��• �.�� ,�.�� � -s.- * •�• .�� ���• ��• ��•a .� • �_ . � . �� _.,_ � � t_ ,� � .. _� � . ��w ��. � _ � � __♦ -�. -� i` � � „t � � s���; � :�_��� ,�,,_ -�; � > ,�i �r �� . � : : � - � � � � - � ; � + :; � � .�. � ,. � � s ', h ��� f • i1 � !� i��. s •, s � � . • � :: _ .. 1 , �: �. - _ _ � - � . _ � � � .� � . �� -• i�� � � � 1 ��-�..� � • •�- i_ �.,_ • �s ,��� � . . . :, � ^ �. , ` _ , i _ � � , . - ! , _ �: i � � -• • � _ • • : • 1.. '' .1` ! : . �-- � •��* �� � - • •s .. ,; � � f - � •" • • i s � •- • � "� : • ' .,� � � ..: . • - - - __ � � � � -r � � �" � ._ r_ �,. .� : � �: ,� ,., • � _ � • - � = � s i . ' ii! i:' � � • -• - .:�.� • . :, f'« � .� � � - �r_ 4 f� ., . • • � „ �.. : �� 1 � _s_ - �, � � � _ � _ _ +1'• ��R �' :;�� � � . -s. i �� - _• �� � N �� ':� �, �,; � �' - � � .��� � , �,- � �', . :a_ a. ,�;� <, _ 'B: , '� i � ' � :0=� i _ �:�,i -� ;I .. /-: _..� � J"..' 1 !: / - ,_' �o P��'ti��� This a�reement is enter�d into beiw�en Economic D�velopment Authority af the City of Crystal ("EI�1�") and (�reaier Metropolitan Ilousin� Corporaiion ("GM�-IC")o . 1'r°��r� `T�il� �r�d urpose of A�'e� �ntm Thi� a�reerr�eni is in r�gards to the Home Improvetnent Incentiv� administer�d far EI�A by GNII-I-�C at the I�arthwest �Iausing R�source Center. This a�reement is intend�d t� provid� fundin� to continu� the progr�m after I�ecember 31, 2014, and to supersede and terminate th� curr�nt a�re�rnent on I�e�emb�r 31, 2014, said current agreement havin� be�n authorized by EDA on �. �, �; �, la Ob,��ctiv�a Encourag� reinvesiment in the �ity's owner o�cupied housin� stock, which rnak�s up approximaiely 3/4 of the �ity's h�using ur�its. EI�1-� has det�rmined that this is a housin� d�velopment pro���t und�r Minnesota Statut�s 4b9.017, and ihat househalds me�tin� th� incom� �1i�ibility requ�rements desc�bed in Section 3 are consid�r�d io be 1ow or mod�rate incom� hous�holds for the purposes af this project. A secondary obje�tive is, on a more limited basis, to �ravide L,�st lZesort �rants that do not require homeo�n�r rr�atch. 2a G��la t�ssist wrth improv�ments to approximaiely 1 QO hous�s per year. + r a. 'I'�p� �f P�°op��. The following prop�rty iypes ar� eligible for either l�ebates or Last It�so�t Granis: s: �i�r�i�ar,� ❑ Ovmer�occupied srn�le family homes in th� Ciiy of �rystal, including o�vner occupied townhous�s. ❑ Two family dw�ilings in th� �ity of Crystal, provided that (1) th� owner occu�ies one of the units and ihe property is homest�aded accordin� to the I��nnepin County Ass�ssor, (2) th� r�ntal unii has a cu�rent r�ntal lrcense from the �ity t�f Crystai, and (3) the use ofthe �arop�rty as a twa farnily dw�llin� i� listed as a permitt�d use in th� zonin� drstr�ct in vvhi�h it is locat�d. ��fore approvin� such a r�quest, C�MI�C staff shali contaci EDl� staff ta ensure that these requir�ments have be�n in�t, Itental property is not eligible, exce�t for the aforemention�d qualifying two family dw�llin�s subje�t ta pre-appraval by EDA staff, Property wh��h is not the owner's prin�rpal resid�nc� i� not eligiblee bo ous�h�l�l I��o��a �ar Inc�ntive IZebat�s, eli�ibility wili be based on househoid income as a p�rcenta�e of the re�iana.i m�dian in�ame. In th� case of qualifyin� twa farr�ily dw�llirn�s, eiigibility �i11 be based on th� household income of th� ovmer accu�ante Eii�ibility shall be bas�d on incame as follows: � 20% I�ebate: �-Io�seholds �with income up to SQ% of ih� regional median incom�. � 15% R�bat�: I�ous�holds with income from 50%m�0% of the re�ional ������ � ��.� � � 10% I��bate: Hausehalds wiih income fram �0%�120% of ihe re�ional ❑�'or Last �Zesort isr�nts, only households wiih in�ome up to SQ% of th� r��ional median incorri� are eli�ibl�. ca 'I'ype of Exp�nditur�s, I1�aierials and labor �xp�nditures for m��hanical, plumbing, electrical, e�ierior (raofing, �iding, windows and daors), �eneral remod�lin� and addiiions to th� princip�l buildin� ar� consid�r�d to be eli�ible exp�nditures. E1i�ible site ilnpravements are liinited to �ssential utilities, detach�d acc�ssory buildin�s, r�tainin� walls, fences9 driveways, sidewalks and patios, decks, removai or trirrimin� of diseased ar otherwis� hazardous trees, and treatmer�t of trees to protect from I�utch Eim I�rsease ar the Err�erald �4sh �orer. In all cas�s, for do�i��yours�lf pro�ects, only materials costs are eii�ible expendi�ur�s for either Rebates or I,a�t Resort �rants. Far I,ast R�sart Grants, the proj�ct musi address an immediate, unplann�d r���d such as a failed sew�r pip� or a furna�� that needs replacement rn the middle of winter. sia l�ini�u� P�°oje�t S��o For a project to be eli�ibl� for a r�bat�, th� eli�ible project costs must be at least �2,OOQ. 4. I4'��din� Cy�lea T��bates and Last R�sort Granis sha11 b� disburs�d on a first- corne, first-s�rved basis be�inriing January l, 2015 and �ndin� wh�nev�r EDA funds h�ve be�n exp�nd�d or I�ecember 31 g 2015, which�v�r is earlier. The maximum EI�A �xpenditure during the t�rm of this a�r�em�nt shall b� �249,750 comprised of the maximum of �225,000 for I�ebates and Last 1�esQ�t �rant� combin�d plus the maxirnum of �24,750 in adminisiration f��s d�scribed in Sectian 6. Na more than � 15,000 of EI�A funds sha11 be spent an L,ast Resort �rants per �`� Effeciiv� January l, 2015, this a�reem�nt supers�des the current a�reemeni whi�h was authoriz�d by EI�A on I�ecember 3, 2013. e. �` �ci �,�;��� � � �_��.���;r: •, '� � '-��. - �.-�- �: . ��. � - � � � � • ���- �'a "Eli�ibility" above), th� Rebate amount shall be 10%, 15% or 24% of eligible expenditures, not ta exceed � 10,400 p�r property per y�ar. R�bat�s are to be paid upon fulf 1lment of al1 requir�ments established by GI��IC and EI3A including submittal of praof af payment and satisfactary compl�tion of work in�ludin� final inspectian as ver�fi�d by GMHC with ihe city's �uiidin� Official. I�ebat�s are not ret�oactive, an applicaiion must be mad� to and approved by GM�-IC befor� costs are incurred and work be�ins. For Last Resort Grants, the maximurri is $3,000 per proper�y, one tirne. A �roperty receivin� a Last Resori iTrant wili not be eligible a�ain for I,ast Itesort funds until th� prop�rty has a new own�r occupant who is similarly eligibl� for La�t 1Zesort Grant. Oiher rul�s �overning R�bates, includln� satisfactory completion and permit/ins��ction requirements, alsa apply to Last I�esort C�rantse 6a Ad ir��stratione 1-�dministrative fees paid to GMH� sha11 not exceed $24,750 for ihe t�rm of this A�reement. �M�-IC sha11 �ield initial inquiries, rec�iv� and ke�p copies of all cosf invoices, pr��are quarterly pro�r�ss reports, and ve�ify ihai a11 requi�ed p��tnits have been secured and that the work ha� been satisfactorily completede Administration f�es shail be invoic�d by and paid to G��-I� at a rate of 11 % of the amaunt of Itebat�s and Last Resort Grants paid by G�IHC. Administrativ� fees sha11 be invoiced by and paid to (sI�I�C concurrent with reirnbursement for the respective actual l��bat�s �nd Last R�sort �rants paid by GIVII-IC as described in Sectran 7. 1�ny invoices for adminisiration sha11 in�lude the recipient name, praperty address, payment amount and da�e of ar�y l�ebates or Last Resort CGrants. .� , 7. 12�i bu�°s� �nt for It�bates Pafda Upon rec�ipt of an invoxce and supportin� documentation from C7IVLHC, EDA shall reimburse G�lIH� for the actual payments of 1Zebates and Lasi Resort C�rants not previously reimbursed by EDA. Such reimbursement sha11 be in addition to the disbursement of administrative fees described in Sectron 6. GMHC shall provide to EDA copies af any audit r�paz-ts and financial management reports that include funds disbursed under this agreement. �. It�cords �Zetention ancl Av�ilability, G�IHC sha11 retain a11 records and files for each respective Rebat� or Last Resort �rant uniil the end af the calendar y�ar fallowing its fnal clos� out by GI�/I�IC, at which time GMHC sha11 provide the re�ords and files io EI�A. EI�A r�tains th� right to inspect or audit a11 records relating to Crystal prajects and the associaied funding. Upon proper notice, EI�A or its delegate (crty auditors, Stat� Auditor etc.} can revi�w and inspect all •_+� 9. Te�r►�e The term of this Agreement is from January 1, 2015 througl� D�cember 31, 2Q15. (;�. �: ; ., ., � � � � ., . , � . i, � ; . , By: Date: , 20 Iis President By: Date: , 20 Its Executive Director .� i '�1_1_rl�lt� . . . . �.� . �, s..,�.. i, :: Its Date: m '' ' t ♦ � THE CITY MANAGER'S COMMENTS ARE BO�DED. �ity ���r��i� M��tir�g r i i r October 7, 2014 7:00 P.M. Council Chambers I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE COUNCIL MEETWG MINUTES The Council will consider the minutes from the follawing meetings in a single motian: 1. The Regular City Council Meeting from September 16, 2014; and 2. The Council Work Session from September 16, 2014. III. CONSENT AGENDA The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a resolution accepting a donation of $500 from the Crystal Frolics Committee for the Crystal Police Explorers program; 4. Approval of a resolution related to a Joint and Cooperative Agreement for use of Law Enforcement Personnel and Equipment; 5. Approval of a resolution making annual elections for the 2015 insurance policy; 6. Approval of the precinct election judge appointments for the General Election on November 4, 2014; 7. Approval of a resolution authorizing the City of Crystal's grant application for the Hennepin County Youth Sports Grant for Bassett Creek playground replacement; and 8. Approval of a resolution commending Tim Gaffron, Production Manager of Channel 12 TV, for his efforts related to the City of Crystal Council Chambers upgrade. Crystal City Council Meeting Agenda October 7, 2014 IV. PUBLIC HEARING 1. The Mayor will open a public hearing to receive comment and consider a resolution ordering Phase 14 North Lions Park Street Reconstruction - Project No. 2014-14. The neighborhood open house for next year's proposed street reconstruction project, the North Lions Park area, was held on October 1. Approximately 50 residents attended and most appeared to be supportive of the project with questions about financing or issues specific to their properties. In order to keep the project on schedule, recommend approval of the resolution ordering the Phase 14 street reconstruction project. :_ . _: _ _��_ 1. The Council will consider awarding a contract for the Public Works Facility Geothermal Wellfield Construction - Project No. 2014-10. The new Public Works facility includes constructing a geothermal system. While included in the total project cost, the actual work will not be completed by the general contractor but a contractor that specializes in design, construction, testing and inspection of such systems. Braun Intertec has a proprietary system for design, drilling, and testing geothermal well fields. The City Attorney's office has reviewed the proposed contract. Recommend approval of the contract with Braun-Intertec for the Public Works facility geothermal wellfield design and construction. •'._� •� u (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. Individuals are asked to step up to the podium and speak clearly into the microphone. You are allowed 3 minutes to make your comments and no items may be addressed more than ten minutes. The Council will not take action on items discussed during open forum or discuss matters under pending or threatened litigation; however, the Council may add the item to a future meeting agenda and ask city staff for follow-up. No comments will be taken during tonight's Open Forum regarding the Ramirez matter. 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.) VII. INFORMATION AND DISCUSSION 1. The City Council will have a work session on Thursday, October 9 at 7:00 p.m. in Conference Room A at City Hall. Page 2 of 3 Crystal City Council Meeting Agenda October 7, 2014 2. The next Citizen Input Time will be at 6:00 p.m. on Tuesday, October 21, in Conference Room A. 3. The next City Council Meeting will be at 7:00 p.m. on Tuesday, October 21, in the Council Chambers at City Hall. 4. The Crystal Business Association meets at 8:30 a.m. on Wednesday, October 15 at a location to be determined. VIII.ADJOURNMENT IX. MEETWG SCHEDULE ON OCTOBER 7 2014 , t, t.} t. t. t: t t. t., _t;, ,i, t, t t t,; z,, t t: t t. t. t. t. t. t. t: t t t,>; t t t.,t t. t. t. tt: t, t,} t t. t. t,;z ?4 t�E�;�E� E� .�v�E E E.�E�;�E E.�a i.. .1���, ..l t i i i i i i t . ..r , � � � � � � l.. � � . � ,.,�, � � � ,� � � . � . � � ,1.. ..,� � � 1�� � r ���� � l. l. l. l. l. �t � l. l. l l. l. l. l 1. 1 rf l. l. 1 1 r. .>t 4� ' 7+- � 1� �' t� 4� 't`' } , }y }y } } } }. y f'� }y }y }y }y }y }y }y }y {� „} } { t e } t ( �. y £ }{..' ( �. ( �. ( t i :: .1 . t . .}.. �.: }{ r 'Ft , . I.. . I f t . I.. S S f t'-, . J. I. I. I. I. I. . I. I. I. I. I. I I ..} I.. `��4 . J.. .-t 4�. .. i . J 4 t ':�,.i 1. 1. 2 , Et 1. .� � f f x. 1 1,l�,l�,l�,a, � �.,1 1,l�,l�,l�,1�1 t #. }: tt ), tt {. �7 t. : 7. . i. i.,i.,i.,?,�) . i. i. i. i. i. .�. c. .t 4 � . £ . : t£. £ ..r i „ } � ..U„ .. : ti .�? t . .t .. i 4 . 1,,, t c, . l. 1 itlltt � t f.4?.t� t..� t t. jf � i<>k. .r�.i .�... a�.s ,t�s.�t. I�:t,. .,i.r i� t� �„� . a.4.. }�Yt�... ..s it7 i? ti:i j{.:i..4s {{�ztit...x{�jt� }t{r i.,(t Ct C„ � tr s< � .}, s fi.,(t Ct ,.i.t�f t.. r-�.,ft{ 7:tE7}t}k ..! �t{£ .t�i 1�,i, j.1,+,t{ .i�,.,r ,� �,r,t, A',.�t4,;.�, .r�.Si.l,x�,,.i,.�. ��i ,fk� .�3�� r.� ���}t� u.��,at<o}�x}t�ti}j�uty4.r t,ts�.t�.,.rt.Fsti,s �S ,.ir, ,f��,��.,'�,a,�..ri,s� .i7.,1 Council Work Session to discuss: • Setting a meeting date to canvass the 6:30 p.m. General Election results Conference Room A • Closing city offices on December 24 6:45 p.m. EDA Regular Meeting Council Chambers 7:00 p.m. Regular City Council Meeting Council Chambers * Denotes no supporting information included in the packet. Have a great weekend! See you at Tuesday's meeting. Page 3 of 3 Crystal City Council Work Session minutes September 16, 2014 2783 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 6:31 p.m. on Tuesday, September 16, 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: � Crystal City Council Meeting Minutes September 16, 2014 :� I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, September 16, 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: Peak, Selton, Adams, Budziszewski, Deshler and Hoffmann Absent: �ibby. �— Assistant City Manager/Human Resources Manager K. Therres, City � Police Chief S. Revering, City Planner J. Sutter, Public Works Directt� Community Development Director P. Peters and City Clerk C. Serres. PLEDGE OF ALLEGIANCE �ney M. Norton, Mathisen, Mayor Adams led the Council and audience in the Pledge t�f Allegiance. The Council considered amending the agenda to add Regular Agenda item #6 regarding consideration of a resolution to extend the existing contract for the 2014 CIPP (Cured In Place Pipe) Sewer Lining Project for Forest South`Neighborhood; Project No. 2014-08. Moved by Councilmember Deshler and secc approve amending the regular agenda. PRESENTATION Police Chief Stephanie Revering presented ded by Councilmember Hoffmann to Motion carried. Police Officer Tim Tourville as a DWI All Star. Council cansidered the minutes from the following meetings in a single motion: 1. The Regular City Council Meeting from September 2, 2014; 2. Two Council Work Sessions from September 2, 2014; and 3. The Council Work Session from September 11. Moved by Councilmember Deshler and seconded by Councilmember Peak to approve the above minutes in a single motion. Motion carried. Crystal City Council Meeting Minutes September 16, 2014 2785 IV. CONSENT AGENDA The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of Resolution No. 2014-69, approving internal loans from the Sewer and Street Light Funds to the Water Fund; 4. Approval of Resolution No. 2014-70, closing the GO Improvement Bc�nds,;Series 2004A Debt Service Fund; 5. Approval of Resolution No. 2014-71, approving the firm of Kern, DeWenter, and Viere for auditing services for the year 2014 and extending th� audit,engagement; 6. Approval of Resolution No. 2014-�2, adopting Appendix IV of the Crystal City Code relating to the 2015 Fee Schedule — Main Sectit�n; and ; 7. Approval of a temporary on-sale liquor license for a church festival on September 20, 2014, submitted by Virginia Metzger on behalf of the Church of St. Raphael. Moved by Councilmember Hoffmann and sect�nded by Councilmember Deshler to approve the consent agenda. Motion carried. V. PUB�IC HEARINGS 1. The Mayor announced the purpose of the Public Hearing: The consideration of new on-sale wine, beer and Sunday licenses located at 6236 56tn Avenue North, submitted by Taqueria EI Jalapeno, ��C. City Clerk C. Serres addressed the Council. The Mayor opened the public hearing for testimony. Applicant Ana Espinoza and her son, Anibal Espinoza, addressed the Council and answered questions. There being no one else wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Councilmember Peak and seconded by Mayor Adams to approve the new on-sale wine, beer and Sunday licenses located at 6236 56th Avenue North, submitted by Taqueria EI Jalapeno, LLC. Crystal City Council Meeting Minutes September 16, 2014 V. PUBLIC HEARINGS CONTINUED Voting aye: Peak, Selton, Adams, Budziszewski, Deshler and Hoffmann. Absent, not voting: Libby. 2. The Mayor announced the purpose of the Public Hearing: The consideration of a resolution vacating a street easement for 39tn between Colorado Avenue North and Douglas Drive North. City Planner J. Sutter addressed the Council and answered questions. The Mayor opened the public hearing for testimony. There be appear before the Council to give testimony, Mayor Adams d� hearing closed. d th :. Motion carried. e North ic m Moved by Councilmember Peak and seconded by Councilrnember Deshler to continue consideration of the vacation resolution to its October 21, 2014 meeting. Voting aye: Peak, Selton, Adams, Budziszewski, Deshler'and Hoffmann. Absent, not voting: Libby. Motion carried. VI. REGULAR AGENDA 1. The Council considered Commission for an une; Applicant Chanida intment c�f Chanida Potter to the Human Rights n expiring on December 31, 2016. e Council and answered questions. Moved by Councilmember Budziszewski and seconded by Councilmember Selton to approue the appointment of Chanida Potter to the Human Rights Commission for an unexpired terrn expiring on December 31, 2016. Voting aye: Peak, Selton, Adams, Budziszewski, Deshler and Hoffmann. Absent, not voting: �ibby. Motion carried. 2. The Council considered a conditional use permit for outdoor storage and display at 2740 Douglas Drive North. City Planner J. Sutter addressed the Council and answered questions. Crystal City Council Meeting Minutes September 16, 2014 2787 VI. REGULAR AGENDA CONTINUED Moved by Councilmember Hoffmann and seconded by Councilmember Peak to approve the conditional use permit for outdoor storage and display at 2740 Douglas Drive North as recommended by the Planning Commission at its meeting on September 8, 2014, subject to the findings of fact and conditions of approval outlined in Section B of the staff report. Voting aye: � �.�..�� �..� ....�:�.... � :�.�... Peak, Selton, Adams, Budziszewski, Deshler and Hoffmann. ried. a he r to �us �ted. .' Moved by Councilmember Budziszewski and seconded by Councilmember Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: - • • • � • • DECLARING THE AMOUNT TO BE ASSESSED, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR PUBLIC HEARING FOR 2014 ALLEY AND DRIVEWAY CONSTRUCTION PROJECT #2014-07 Crystal City Council Meeting Minutes September 16, 2014 2788 VI. REGULAR AGENDA CONTINUED Voting aye: Peak, Selton, Adams, Budziszewski, Deshler and Hoffmann. Absent, not voting: Libby. Motion carried, resolution declared adopted. 5. The Council considered a resolution declaring the amount to be assessed, ordering preparation of assessment roll, and setting date for public hearing for Winnetka Hills Phase 1 Mill and Overlay Project #2014-21. Public Works Director T. Mathisen addressed the Council and answere�l qu Moved by Councilmember Hoffmann and seconded by Councilmember Selton to adopt the following resolution, with the exceptions that assessments shall be payable extending over a period of 10 years and that the amount to be assessed shall be no higher; the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2014 — 75' DECLARING THE AMOUNT TC7 BE A�SESSED, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTWG DATE FOR PUBLIC HEARING FOR WINNETKA HI��S (PHASE 1) MI�� AND OVER�AY - PROJECT #2014-21 By roll call and voting aye: Deshler, Hoffmann, Selton, Adams and Budziszewski. Voting nay: Peak. Absent, not voting: �ibby. n carried, resolution declared adopted. 6. The Council considered a r�solution to extend the existing contract for the 2014 CIPP (Cured In Place Pipe) Sewer Lining Project for Forest South Neighborhood; Project No. 2014-08. Public V1/orks Director T. Mathisen addressed the Council and answered questions. Moved by Councilmember Deshler and seconded by Councilmember Selton to adopt the following resolution, the reading of which was dispensed with by unanimous RESOLUTION NO. 2014 — �6 EXTENDING CONTRACT - SEWER UTILITY PROJECT #2014-08 CIPP SEWER �INING - FOREST SOUTH NEIGHBORHOOD By roll call and voting aye: Hoffmann, Selton, Budziszewski and Deshler. Voting nay: Peak and Adams. Absent, not voting: �ibby. Motion carried, resolution declared adopted. Crystal City Council Meeting Minutes September 16, 2014 VII. OPEN FORUM No public comment was given during open forum. V111. INFORMATION AND DISCUSSION Mayor Adams read the following announcements: :• The Crystal Business Association will meet on Wednesday, September 17 at 8:30 a.m. at Northwest Hennepin Human Services Cauncil, 6120 Earle Brown Drive, Suifie 230 in Brooklyn Genter. 2. The next City Council Meeting will be at 7:00 p.m. on Tuesday, Octobe Council Chambers at City Hall. 3. A motorcycle ride fundraiser to support the Quad Cities Beyond the Yellow Ribbon program will be held on Saturday, September 20 beginning at 11:00 a.m. at the Crystal VFW. 4. The Phase 14 North Lions Park street reconstruction open house meeting will begin at 6:30 p.m. on October 1. IX. ADJOURNMENT Moved by Councilmember Budziszewski and seconded by Councilmember Peak to adjourn the meeting. Motion carried. The meeting adjourned at 8:54 p.m. ' � C Clerk Jim Adams, Mayor APPLI�CATI�ONS FOR CITY LICENSE October 7, 2014 GASINSTALLER Kline Corp 4342B Shady Oak Rd Hopkins, MN 55343 Mechanical Air Systems 1650 99th Lane NE B]aine, MN 55449 Metro Heating & Cooling Inc 1904 Glenwood Ave N Minneapolis, MN 55405 Team Vail Inc 4023 Granada Ave N Oakdale, MN 55128 PLUMBER A-Able Plumbing Co 2801 7th Ave #411 Anoka, MN 55303 R C Hoffmann Plumbing Inc 5252 Lakeview Ave White Bear Lake, MN 55110 REFUSE HAULERS Allied Waste Services 8661 Rendova St NE Circle Pines, MN 55014 Darling Internationa19000 382"d Ave Blue Earth, 1VIN 56013 Dick's Sanitation Service Inc 8984 215th St W Lakeville, MN 55044 Lepage & Sons Inc 23602 University Ave NW Bethe],1VIN� 55005 RENTAL — NEW 4111 Adair Ave N— Donald G Mattox (Conditional) 5304 Fairview Ave N-1VINSF Minneapo]is 2 LLC c/o Bayshore/Carrington 4709 Hampshire Ave N— Iasis II LLC 4724 Nevada Ave N— RHA3 LLC c/o Havenbrook Homes LLC 5423 Twin Lake Ter — Derek Gaulke c/o Renters Warehouse 3612 Xenia Ave N� — Lisa Snyder/Thomas Brenny (Conditional) 4326 Xenia Ave N— Brent Berg c/o Renters Warehouse 5257 Xenia Ave N— Jamie Jansen (Conditional) 6700 42"d Ave N— Home Sweet Homes LLC 5123 49th Ave N— Evelyn Whitworth c/o E W Anderson (Conditional) RENTAL — RENEWAL 3321 Adair Ave N— LucienlLisa Truong 5023 Ange]ine Ave N— J�DA Group LLC 6425 Cloverdale Ave N— Surinder Mohan Sharma 6624 Cloverdale Ave N— Pinto Family Ltd Partnership 5109 Corvallis Ave N— Mike Kokotovich (Conditional) 5325 Corva]]is Ave N� — Dennis/Ann Beckner (Conditional) 3237 — 3241 Douglas Dr N— Reese Pfeiffer 3960 Douglas Dr N— William/Ruth Klatte 5115 Edgewood Ave N— Seausankar N Deoraj (Conditional) 6606 Fairview Ave N� — James Lehto 2725 Hampshire Ave N— Guy Proels 3816 Hampshire Ave N— Michael 1VLills ( Conditional) 4807 Jersey Ave N— RLR Real Estate LLC (Conditional) 3409 Kyle Ave N— David O'Brien (Conditional) 5338 Lakeside Ave N— Shelly Danielson ETAL (Conditional) 3501 Louisiana Ave N— Cambridge Apartments (Conditional) 5524 Louisiana Ave N— David J Smith 67301VIarkwood Dr N— Brian Berg (Conditional) CONSENT AGENDA #1 Page 1 of 2 RENTAL — RENEWAL CONTINUED 4725 Maryland Ave N— Leyna Alford Spiller (Conditional) 5673 Maryland Ave N� — Chad Tesmer 3250-3256 Nevada Ave N— William/Beth Norberg (Conditional) 5442 Nevada Ave N— DeYung Le (Conditional) 8332 Northern Dr — Vincent Martin (Conditional) 5817 Orchard Ave N� — JDA Group LLC (Conditional) 3425 Quail Ave N— Jeff/Michelle Petersen (Conditional) 3548 Quail Ave N— Vincent 1Vlartin 5439 Twin Lake Ter — Adam Kurschner (Conditional) 3041 Virginia Ave N� — Sarah El-Fakahany 3100 Virginia Ave N— Todd/Yanhua Wusands 4755 Welcome Ave N— M/ D Demetriou (Conditional) 5656 Welcome Ave N— Matthew Mayotte (Conditional) 5900-5920 West Broadway — Virginia Court 3109 Winnetka Ave N— Mary T Inc 3533 Yates Ave N-1VLichaeUSuzanne Scherschligt (Conditional) 4807 Yates Ave N— Lee Johnson 2957 Yukon Ave N— Retirement Options II LLC (Conditional) 7224 33rd Ave N— Jeffery Rutter (Conditional) 8117 35�h Ave N— David Barbee c/o Total Real Estate Success (Conditional) 5800 36th Ave N— Good Enterprises c/o D J Chawla 7279 32"d Ave N— Katherine Nesheim (Conditional) 6000-6002 36th Ave N— Brian Shiek (Conditional) 6417 3'7`h Ave N— Adobe Property Management LLC 6610-6614 SOth Ave N— Jeff Peterson 5425 52"d Ave N— Iasis V, LLC (Conditonal) 6611 52"d Ave N— JNF Properties 4 LLC (Conditional) 4709 — 4717 58�h Ave N— MAP Investments LLC (Conditional) SIGN HANGER On Time Contractors 1920 Central Ave NE Minneapolis, MN 55418 TREE TRIMMER Living Water Tree Service 2605 136th Ave NW Andover, MN 55304 CONSENT AGENDA #1 Page 2 of 2 Pavee GDW Government inc Kodet Architectural Group LTD park Construction Company PERA Golden Valley JWC Metropolitan Council Environ West Metro Fire Rescue Dist Blue Gross Blue Shieid of MN PERA SEHInc IRS - EFTPS c �ran>nwc�is Pa>lcnec4��a�e� szsAoo M�ma CONSENT AGENDA #2 DATE: October 1, 2014 TO: Anne Narris; City Manager City of Crystal City Gouncil FROM: Gharles Hansen, Finance Director RE: Expendiiures over $25,000 Description Gisco Catalyst Switches for Cify Nali, P/UV and Gommunity Center PlVlf Building Architectu�al Services forAugusf Winnetka Hilis PH1 Miil and Overlay project Employee & city required contributions: pay date 9/12/2014 August Water Costs October Waste Water Services September Fire Butlget Allocation October Health Insurance Premiums Employee & city required contributions: pay date 9/26/2014 PH 14 �ions Park Street Reconstraction Feasibility Repart Sociaf Security; Medicare, & Federal Tax W/H; paydate 9/12/2014 Amaunt $25,820.50 $92,825.89 $897,967.28 $40,573:59 $193,7$9.66 $109;932:72 $80;684:52 $86,102.50 $40,834.95 $29,261.85 $49,685.89 $1,647,479.35 CONSENT AGENDA #3 CITY OF CRYSTA� RESO�UTION NO. 2014 — RESO�UTION ACCEPTING A DONATION FROM THE CRYSTAL FROLICS COMMITTEE 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: Donor Purpose Amount Crystal Frolics Committee Crystal Police Explorers $500 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the Crystal Frolics Committee. Dated this �t" day of October, 2014. : Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist 1 � \ : _ � 1_� :' RESOLUTION NO. 2014 - RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to joint]y or cooperative]y exercise any power common to them; WHEREAS, the Hennepin County Chiefs of Police Association previously developed a Mutual Aid Pact to foster the sharing of ]aw enforcement resources among agencies in Hennepin County; WHEREAS, the Hennepin County Chiefs of Police Association has revised its Mutua] Aid Pact to clarify and update the language of the Joint and Cooperative Agreement for the Use of Law Enforcement Personnel and Equipment (the Agreement); WHEREAS, the Agreement allows other governmental units and municipalities to become a party to the Agreement by the adoption of a resolution and sending notice to the Hennepin County Sheriff; WHEREAS, the governing body of the City of Crystal considers it to be in its best interests to become a Party to the Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City of Crystal l. Authorizes the Crystal Police Department to be a Party to the Joint and Cooperative Agreement for the Use of Law Enforcement Personnel and Equipment developed by the Hennepin County Chiefs of Police Association. 2. Chief Stephanie Revering is directed to send a copy of the signature page of the Agreement and this Resolution to the Hennepin County Sheriff; and 1 � \ : _ � 1_� :' The Crysta] Police Department agrees to comp]y with all terms of the Agreement. Adopted by the Crystal City Council this '7th day of October, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist ' • i � `# : . � . : # :: ;. ° . � � , � •' •`� 1� \ , _ \ 1, :' 0 JC�INT AND �OOPERAiIVE AGREEMENT FQR USE {�F �.AW ENFORCE�ERIT PERSONI�E�. AND EQUIPiti�ENT 4 I: GENE L PURP4SE 4 li. DEFINITIC}�I O� TERM� 4 IIl; PARTIES 5 !V: PRQCED�JRE 5 1P, LIA ILII`Y 7 Vi. EFFECTIV� DATE 9 Vil. WITHDRAWAI� A L� TER INATIDN 9 Hennepin County Ghiefs of Potrce Association Mutual Aid Pact - 1- 1� \ : _ \ 1, :' ._ �, •' . * �' � * , �: . ' �,- : , �, j , � ,� � . � ;i �%'�i� � y t, � •', �� � W �; ..� ; � � *, rri � � i . ! .' . �# � � !i. • . i f. • i i#'', .i' � `�' i � ♦ •. 'i �fi • .•' t; • i:. � •,;i � • ! • � i • t. i; '• # •. II � 'i .' � •1�i.,.�, . �� .,., � � ` !' . i ' ' �' i ' . 't Equipmer�t ("Joi�t Powers Agreemer�t"} was updated ta refiect accurately the proc�dures, address current issues artd enhance the abiiity of departments to share resources with each other: The g�nerai purpose of the pact is to perm�t agencie� to s�are law ertforcemer�t resour�es v�rith other agencies in Nenr�ep�n County; The Joint Pc�wers Agreement specifically allows a requesting party to seiect the resources that best meets th� needs of a given situation. A requesting party may cali upon any other partic�pating party for mutuaf aid. Th�re �s no requirement to make req�ests through a partict�lar party. In additic�r�, the Jaint Pow�rs �,greer�ent should nat be interpret�d as resfirictive �r� providing resources ta deal with oniy major catas�rophic s�tuations. Parfiicipating parties can utilize the resaurces fc�r many reasons inci�ading ra�ti�e cxrc�mstanc�s such as trair�i�g �fforts and back-up pafirol service: This pact provides the flexi�ility t�r all agencies to u�e the resaurces iocated among all partic►patir�g parties ic� Hennepir� County. The de�ision as to vvhen to invok� mutual aid and �nrhetl�er to respond is ieft to fihe discret�on of th� requesting ar senc�ing parfiy: Each agency shauld acquaint supervisory persa�r►eC w�th any internal proced�ares �sed for mutu�l a�d. While the Joint Powers Agre�rn�r�t does ��t require particular words or actions tc� initEate rr7utual aidr agencies sho�ld be cCear about whether mufua[ aid was requesied and what type of assistar�ce �s being provided. Parties shauld not self-deploy: Hennepin CountyChiefs of Police Associafion llfiutual Aid Pac{ - 2- 1� \ : _ \1: :' + - • . �-r. r i . •. .i+r ' •� � 'i• ' i i . � ri';` ,r i ' i i ` • I .. t'i'i i' .i' i' • ♦` i Far [iability reasons9 managemer�t t�fi a mutual aid situation i� ur�der the cantro# of the requesting p�rfiy: Nowever; ihe sending party has discretion whether to provide perso�tn�l or equipment and can recall such assistanc� �t any t�me. _ • - • .' . � -* . . . , � . • . a . - - • - 'I • - • • . ; s� , i s .�, . .�r� • � - , • , .� . .i- •- a� �• • � • . . � -s s � s • r �` • - a -t • �^ -• s •- - • - -t �r � r _ � .,� r► _ • - _ . .�. • _. �� *, _ . . .• . - as • . +� • - e. ' , r - .s�• _ �► •• _ •s,�_ _ , .a• •• .. - •• . s � • . = a.�- -_• a •• • . i•� !• Each agency is responsible for enfiering an� updating available agency resotarces. Previous[y fih� parti�s used the Reg€onal Autom�ted Property Information (RAP[D} database: est��arces �ill naw be listed online ir� a; mutually agre�d upc�n resaurce management data�ase. The par�ies to this �greemer�t are so[ely respons�ble to update their av�ilable resources in the agreed �por� database; . � r � t� . � � � i �♦ ` .• .. � . . � •« • . . • 'i • t # � • .i' # .i♦ •� i ! '';i i f !., i " . i. �. ,. ! • i. . • . � �� . � � �� ,. i �, ." i 4 � �" ` 1� � � � - ,� ' � ., . � �� �.. . � �. . �,. � t = . "` .r ♦ri f. ♦.� i ` 11.r �M i� :! .; •� .. .,� �;�, . . # � � d +,; .r. �. ti,. � . � i ! !'. �s . � . .i !• i! ♦ � • � i r • .• ! • Hennepin County Chiefs of Palice Association Mutuat Aid Pact a 3- 1� \ , _ \ 1, :' ��i , ' �... + . �.. �, :� ;! ' .�,. ,, i, 111 i �� !i! . . : ., � ' . i ` �' ' y, ,;* ,Y1' , . : ". � , �. : I� �, �'• � Y , �� <. : � ,� . '�' } < z �. ,t �, �, �' "� i �. # �� ,. ,i i . 8 •i�. i• " i; • � . � ■ . i > ,y • i i ' 1 i ` ' "' • i # i ` . " . i � r t '� i ' � ' M ���, �� # * � � a :. �. �.� i �.+ r � �' ! j' � ! �. �' � i i • � � r ! "` • . � +i�i� . ! •! • i # = r i �:* }' !+ ! . For th� purposes af this Agreem�nt, the terms defined in this section shall f�ave the fioflowing mean►ngs: •s � t � �' as . •- -• s • . w � � # t � i! t. i. .� i` "i i .' i. . � " i; � •• � •• .' .' # '# i � � ' #• ' t1 - , � �# � ' t . •i r • ` ' J � ", 'r '• ! r .. • i' � ' # i1 i f' ..i • 'i i". � # ' . • �I '• t' ! ; Subd. 3. „Party,, means an "�ligib�e Par�y„ that elects to participate in fhis Agreemer�t by the authorization c�f its gaver�i�g bc�dy. "Parties" rneans mare th�� ar�e Party fo th�s Agre�ment. i• � �'� ` f � r 's' r #' • ', i i' i � `# i ,. +�.r ,. #' s � �*, � 1 � � r ii '�'• ' • �t. ^. . • r 'i � . i . � 1 �. # � � Hennepin County Chie�s of Palice Association Mutual Aid Pact - 4= 1� \ , _ \ 1, :' •s . - r a 1 •- t ,,� •, s . -� t '" "� �' •' ! �r i • • ! �' i' 1 i . �`'• � � Subd. 7. "Sending P�rty„ rneans a Parky that prc�vides �aw �nforcem�nt Assistance to a Requesting Party. •• : . .� . .. .• +� - • •- • -- The Parties to this Agreement sl�ali eonsist of as many EIEg�ble Parties that have approved this Agreement by D�cemb�r 31, 2014; Ac{d�tior�al Eligible Part�es shali become a Party ar� th� date this Agreement is appraved by th� Parfiy's governing bociy: �� .�� a • * -a s «' •.s• • 'e *,- " # ' " " r • • . " �' ♦ .�� � ; t 1i ,.y � w :, } ' f{i. • .� :� .i � Su�d: ���ach Party shall designate; and keep err� file with the Sheriff, �he r�ame of the persnra(s) of that Party who shall be its Requestiing C7fficial and �ending Off9c6al: A Party rnay designate the same persan as both the Requ�s�ing Off�cial and the Sending Q�fiicial. A[so; a Party may designate alternate persons ta act in the absence of an afficial: ••' +�t ♦ • ,. '"-�r • • a . ' -r • . � . > . . �, r ; a • . . _ "' _ +� _ • � . . . •, �r � a w •� - • • ♦ i a ' ,a y x , Hennepin Caunty Chiefs of Police Association Mutua/ Ard Pact = 5= 1� \ , _ \ 1, :' • il •, � � ,. � • # . � i ` • . • ' � ► � . � , � i► + r ,. .. • ! � . . . � � « f • ��I " M " ` � . • ' • i , ' # � ' � ' i' +r. •` '' � . �►�;# ' ! �. � ,., ,. a # i �'. i i #" . i � • +� " � ', • � .+ • i � � � � � . ' # i •'t � i' #";` �i •,' # ' ' i �' � .; ! ' # •' i' w i • " • i� .!• .•'� iM � � '. . # ., r! � _ � � � f i '• . " � # i t;' M i ♦ a• • �r 1'r i 'i . ' . .i. . • '' r� M . ` i �,� it � ` •! • � j '. •i f � '� ! � • � •� i � ` '•' ., ; 1 � �. . . �i ' . • � � 1 � � i, � � r� . . 1. • i i ' ' . . � . . � . i • �'• ff •; - ' ' � ' i i �. . • i il••• � i .. , .. # . ' ♦ .+ �'� � '� i i � r ♦'; i . ` # r !. � �� � . i ! � . il! � i� �� ., �... �. . � ' .' i i • •� � . �� ' � t, ' ! i i � � ' ,r i i .• i . � M # `! .i*w i �. �' • s • i ii i " �'"'i • i �r ` . •;' ♦ ., • �; r . i . � y � ; .. � a . ` �'• f�� .. �� i � . i 'N i ` * ' • ♦ � ir !� �� � • i . t i • i �`�i 1 "� •' 1 * ! ! t i r �. � � � *� ���*' •i' • � *,. �.. ,. .i t • ` i ! •! � �� '�. ' i r � t i ,. � � • • ` i •, � • '' i #� r� � ., y � , • " #; . #� •i • � • . .' • � i ` s • # � r ` * � �..t *.., l * . i � � ,� Hennepin County Ghiefs of Police Association Mutuai Aid Pact - 6- 1� \ , _ \ 1, :' - r : � • • ' � • "'-� +► ' �� i a . �r r� � � • s N-• . ;• : • sy, •� • r s s i• i a i- '-• • '' • � � ` • • � +� � . •; - - ♦ . - a . , s . •• . _ � i t� i• '" wi i ^�� . i, .,� ii .. � i s` i , r! ;'� � ' i � . e ;f ' i i ' i � � ' • �� ilis • ' • � � r f' ' i� ! ' ♦I i ' •" � t "! i i i'. ! �r. i . M' i ' i, �. .�" • r �t f � . ;� #i • ', i �' *! i. #' �• � r' �,'' i ! 'f .' f # !� •,' i �" # • •i � �' i !'f •` . • ' Worker's Camper�satiar�: Each Parfiy will maintain workers' campensati�n ins�arar�ce or self-i�surance coverag�, covering its own persannei while they are provwdi►�g �aw �nfc�rcement Assista�ce pursuant to this Agreemer�t. Each Party; and where aPplicable its rnsurer, waiv�s t�e rwght to sue any other Party �or any workers' comper�sation b�nefits �aid ta its own employee or voiur�te�r or their deper�dants9 even of the injuries or death w�re caused whalfy or partially by the negl�gence of anY �ther Party or �ts o�cers; empioye�s or valunteers, Damaqe ta Equipment: Each Party shaii be responsible fc�r d�mages to ar loss of its own equipment. Each Party� ar�d wher�; appli�able its ir�sur�r, waives the right to sue any ather �'arty for any damages ta or loss of its equipmen#; ever� ifi the damages or iosses were caused wholly c�r partialiy by the negl�gence of any other Party or its off�cers, employ�e� or valunt�ers. Hennepin County Ghiefs of Police Association Mutual Aid Pacf - 7= 1� \ : _ \1: :' i.i��iility for Iraj�ar� �r C9�ath fio 1"h�rd P�r��es �r P��op�riy L�arn�g� �f Thirc� F���ti�s For the purposes c�f the I�innesota Municipa� Tort Liability Act {I�iinnesata Sta�utes; Ghapter 466}, the employees and officers af the Sendir�g Party are deemed to be employeesy as de�ir�ed ir� �V[innesofa 5tatutes; 5ection 466;0� � s�bd: 6; of tl�e Requesting Party: The Req�esting Party agr�es to defend and lndemnify against any claims brought or actior�s filed against a Sending Party or any officers, employees, or volur�teers of a Sendir�g Party for in�ury or death to ar�y third persan or persans or damage ta the �roperty of thErd persans aris�ng out of the p�rformance and provis�on of Law Enforcement Ass�stance purs�ant to the Agr�ement, us�ng legal counse{ reasonably acceptable ta the Sending Party: +r�, i . - . . '-s - • '. s- -• -• '♦ •. s •- . ' •' ' :r� � � ,. i M ...: � ,r.: � ' .� • .� • . rl r .� r � ,.'.. � �.. � . .! � '�•f .ii .•' • ,. i '� � i .� i' ' * • �• ,.ii'• •i" ' • i' � s • •' .�i • �`r ♦' � ! ' • . • � * /i w The purpose af creating this duty to defend and indem�ify is to simplify the defense of claims by el€minafiir�g cor�fiicts �mong the Parii�s ae�d to permit Iiab�fi�y claim� agair�st the Parties from � single occurrence tc� be defended by a singl� attarr��y: Mowever; ihe Sendin� party; at is option and its own expense; shall haue the right to s�lect its c�wn attorney or approve a�oint attorney as appraprtat�, car�sidering potential confiicts of inierest. othing ir� this Agreemer�t is ir�tendecf to constitute a waiver of any immunities and privileges from I�abiiifiy available urtder federa! lavv Qr the iaws of ��r�n�sota. �� �� � ` . r... r i � � r �. .: � � �. "� ` , t ��. � �.. � ': . r • .« . ..�i " i :• « � �o w #'' � . # I�t i ii, • • i i i i Nennepin County Chieis of Police Associafion Mutua/ Aid Pact - 8= 1� \ , _ \ 1, :' +� '. • �• -- - s . i . - • s -- • i -- a . '. . M ' r �f ' i .� # � ! " • � t • . , i �, � � � #, . # .�. ,. i '; .. '� i � ' ' . ': i . •� ... � . . a � ;!�" ,i,, This Agreement shall �ecome effective and operative begir�ning afi 12:0� A.I�., loc�l time on January 1, 2Q15. _ • . . .� . - � - '. • • } • -- - . +r - - - t- • •- s.-� • r i �r s- s � t • i t • -� `� � � c, ` � i �; �" s. ' ���. � �` , '` # . • �t ' i # ' i i# " i i!•' • � �. f ! i •'i i r ii i ! • • � �r '�' • • � � r W w . ''i i ! i • • t 't. ^ � 1r . # � ii _� . s� �., . _ : " - i- � �i > '� � l� �._ . � i� � .. . ,., . � .,.,, � � ♦ . i., � ... � • �' '' �.r ` #' r ! ' i . � �` � •# ' i !!i +. , Y ,.� #* �� ., i •' •�! i ;"! i" � i.r � �" ♦ �r .. ir 'f i" i • I'# t r ` I��ri" • � t• ! � f i Henneprn Gounty Ghiefs af Potice Assocratian Mutua/ Aid Pact = 9> � � � : _ � � _: : '� �r�� �� Memorandum ������� DATE: September 30, 2014 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director SUBJECT: Consideration of a Resolution Making Annual Elections for the 2015 Insurance Policy Background There are many choices that must be made each year as part of the process of applying for the renewal of the City's insurance policies. Two of these choices must be made by the City Council, not the staff. One of these choices is whether or not to waive the statutory limit on tort liability. The other is whether or not to provide worker's compensation insurance for the City Council. Discussion �iability Insurance: The City must select one of three optians for the statutary tart limit on liability claims. The options are as follows: Do not waive the statutory tort limit. In this case, no individual will be able to recover more than $500,000 from the City. For accidents or incidents where multiple persons have claims against the City, the total for all claimants will be limited to $1,500,000. 2. Waive the statutory tort limit but do not purchase excess liability insurance. In this case, an individual will be able to recover up to $1,500,000 from the City. For accidents or incidents where multiple persons have claims against the City, the total for all claimants will still be limited to $1,500,000. � � � : _ � � _: : '� 3. Waive the statutory tort limit and purchase excess liability insurance. In this case, an individual will be able to recover up to the limit of the coverage purchased by the City. For accidents or incidents where multiple persons have claims against the City, the total for all claimants will still be limited to the coverage purchased by the City. The City of Crystal doesn't purchase excess liability insurance because our situation doesn't require it and the excess liability insurance is very expensive. This eliminates option 3 above. 1 recommend option 1. Workers Compensation Insurance for City Council Members: Unlike city employees, elected officials are not automatically covered by the worker's compensation law. Cities wishing to cover elected officials need to pass an ordinance or resolution to make the elected officials "employees" for purposes of worker's comp coverage. Providing the coverage means that a city council member who is injured while on city business would receive worker's compensation benefits. The risk of such an injury is low, but the benefits would be important to the individual if it happened. I estimate that the premium to provide this coverage to the entire city council will cost about $200 in 2015. Insurance Agent: The City of Crystal has used the Nesbit Agencies as its insurance agent for many years. A lump sum fee is paid to the agent instead of commissions which are a percentage of the insurance premiums. This fee was $7,000 for the 2014 insurance year and I anticipate only a small increase for the 2015 year. I recommend staying with the Nesbit Agencies because their service has been good and there they have developed the knowledge of the city required to effectively carry out the function of the insurance agent. Conclusion Choices listed on the resolution are the same as the City Council has elected to make for the last few years. I recommend that the City Council approve the attached resolution making elections for the 2015 insurance policy. � � � : _ � � _: : '� RESO�UTION NO. 2014- RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2015 INSURANCE PO�ICY WHEREAS, the City of Crystal must declare whether or not to waive the statutory limit on tort liability established by Minnesota Statutes 466.04, and WHEREAS, the City of Crystal must declare whether or not to provide worker's compensation insurance for elected officials, and WHEREAS, the City of Crystal must appoint the insurance agent that will represent the city in dealing with the �eague of Minnesota Cities Insurance Trust. NOW, THEREFORE, BE IT RESO�VED by the City Council that the City of Crystal does not waive the statutory limit on tort liability established by Minnesota Statutes 466.04 for the 2015 insurance policy. BE IT FURTHER RESOLVED that City of Crystal elects to provide worker's compensation insurance for members of the City Council while on city business. BE IT FURTHER RESOLVED that City of Crystal appoints the Nesbit Agencies as its agent of record for purchasing insurance policies. Adopted by the Crystal City Council this 7t" day of October, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist CONSENT AGENDA #6 � �� COUNCIL STAFF REPORT ,�,fi�,r,�� Consent Agenda: Election Judge appointments for the "�'�''���'�° 2014 General Election (for October 7, 2014 City Council t Meeting) FROM: Chrissy Serres, City Clerk TO: Mayor and Council CC: City Manager Anne Norris DATE: October 1, 2014 SUBJECT: Election Judge Appointments for the 2014 Genera) Election Background Minnesota Election Law 204B.21 requires that the governing body of the municipality appoint election judges to administer the polling places at least 25 days before each election. The General Election will be held on November 4, 2014. The City of Crystal is fortunate to have many dedicated residents who wish to serve as election judges. Attached is a list of individuals intended to serve as election judges for the General Election. When assigning election judges to a precinct, we will maintain proper party balance in each precinct as required by law. Council action requested Appoint the individuals listed on the attachment to serve as election judges for the General Election to be held on November 4, 2014. G:ACity Clerk\Elections�Judges\Appointments\2014 Genexal Judge Appointments_Council Staff Repottdoc Page 1 of 1 GENERA� ELECTION JUDGES NOVEMBER 4, 2014 Anderson, Dave Arola, Stella Barland, Joyce Barlow, Michael Barrett, Sandra Betlach, Roger - AHJ Birkholz,lanet Boehm, Lorraine Boettcher, Susan Bonhiver, Susan Boxell, Gloria Burkstrand, Darrel Butler, Jody - HJ Camp, Steve - HJ Carlson, Donna Cook, Judi Dahlgren, Eleanor Dolence, Sandy - HJ Dunham, M. Christine Eskro, Alice Fermoyle, Alana Fink, Terry Fischer, Debra Flanders, Chuck Foster, R. Carol Freund, Caroline Freund, Jane Galajda, Michal - HJ Hanson, Shirley Harty, Lori Herlofsky, �averne Hoeben, Ted Johnson, Marlene - HJ Johnson, Ruth Jones, Maggie Kammerer, Linda Katchmark, Loretta - AHJ Kelnhofer, David Kieper,ludi Klatte, Ruth Kornmann, Lynette Kornmann, Mark Kubly, Janet Kuhn, Karen - AH1 Kuntz, Steve I.aRoche, Nancy �ewis, Amy Lord, Patricia 1� \ : _ � 1_� : •. Macias, Pamela Mathews, Kathleen Melby, Dale Mendenhall, Alan Mendenhall, Mary Miller, Dorothy Munson, Jeff - AHJ Murschel, Joyce Nafranowicz, �ida - AHJ Nolz, Joyce Nolz, Richard Odegaard, Bruce - HJ Oyaas, Caro) - AHJ Palanisami, Valli Pickerign, LaVine Powers, Frank Rhode, Lavern Rick, Laurene Rocha, Ruben Rusinko, Andrew Rusinko, Carol - HJ Sallman, Nancy - AHJ Schulte, Paul - HJ Schuneman, John Scofield, Jan Senden, Rob - RHJ Shakerin, Lisa Skatter, Janice Slepica, Jay Snyder, David Soukup, Cyril - HJ Soukup, Mary Spooner, Sharon Stimart, Norine Stockhaus,Jane Stockhaus, Stuart Stroessner, Lisa - HJ Syljuberget, Mervyn Taylor, Cherie Thomsen, Margaret Torres-Walsh, Meredith Ullmer, Jeanne - AHJ Vorderbruggen, Robert Wagner, Cate - AHJ Walker, Bradford Wensman, Linus .. , � ... ., ..l. _ � , ..l. ■ / Memorandum ��:��' +c�;��T�,�, DATE: October 1, 2014 TO: Mayor and City Council Members Anne Norris, City Manager FROM: Gene Hackett, Recreation Director "'��` SUBJECT: Hennepin Youth Sports Grant Application Staff is in the process of preparing a Hennepin Youth Sports grant application for replacement of the playground equipment at Bassett Creek Park. Part of the application process includes a resolution from the City Council acknowledging the grant requirements and authorizing the grant application. At the October 1 St, 2014 Park and Recreation Commission meeting, the Commission approved the following motion: Moved to recommend that the City Council to adopt the resolution: AUTHORIZING THE CITY OF CRYSTA�'S GRANT APP�ICATION TO THE HENNEPIN YOUTH SPORTS PROGRAM Motion carried — unanimous Commission members present: Sodd, Haney, Merriam, Hildre, LaRoche, Kolb, Bamba, and McClain. .. , � ... ., ..l. _ � , ..l. ■ / City of Crystal Resolution #2014 - RESOLUTION AUTHORIZING THE CITY OF CRYSTAL'S GRANT APPLICATION TO THE HENNEPIN YOUTH SPORTS PROGRAM WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capitai funds to assist locai government units of Hennepin County for the development of sports or recreational facilities, and WHEREAS, the City of Crystal (hereinafter �GU) desires to develop the Bassett Creek Park Playground (hereinafter PROJECT). NOW, THEREFORE BE IT RESOLVED BY TNE GTY COUNCIL of the GTY OF CRYSTAL as fol lows: I. The estimate of the total cost of developing PROJECT shall be $130,000. The �GU is requesting $65,000 from the Hennepin Youth Sports Program and will assume responsibility for a matching funds requirement of $65,000. II. LGU agrees to own and assume one hundred (100) percent of operational and maintenance costs for PROJECT. LGU will operate PROJECT for its intended purpose for the functional life of the facility, which is estimated to be 25 years. NOTICE: If the LGU will not be the owner of the property, a Covenant between the �GU and the owner must be executed. Please refer to other program materials for the requirements of the covenant. III. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. IV. That the City Manager and/or Recreation Director are authorized and directed to execute the application for the Hennepin Youth Sports Program grant. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Crystal at a duly authorized meeting thereof held on the 7`n day of October, 2014, as shown by the minutes of said meeting in my possession. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist 1 \ \ '. _ \ 1_'. : % CITY OF CRYSTA� RESOLUTION #2014 - RESOLUTION COMMENDING TIM GAFFRON OF NORTHWEST COMMUNITIES TE�EVISION FOR HIS COORDINATION OF THE CRYSTAL COUNCIL CHAMBERS UPGRADE WHEREAS, Crystal is a member Northwest Community Television (NWCT) through a joint powers agreement; and WHEREAS, Crystal receives a portion of franchise fees from NWCT for maintaining cable equipment for videotaping Crystal City Council meetings; and WHEREAS, Tim Gaffron as Production Manager for Channel 12 TV is responsible for the cablecasting and scheduling of all Crystal City Council meetings; and WHEREAS, Mr. Gaffron is also responsible for coordinating upgrades of the cablecasting equipment at city halls; and WHEREAS, Mr. Gaffron assisted Crystal staff with facilitating the 2014 upgrade of the Council Chambers cablecasting equipment and lighting, including developing and preparing specifications and project management; and WHEREAS, the council chambers and cable equipment upgrade required Mr. Gaffron to spend significant time at Crystal City Hall coordinating its implementation. NOW, THEREFORE, be it resolved as follows that Tim Gaffron of Northwest Cities Television is hereby recognized for his assistance in the upgrade of the Crystal Council Chambers cablecast equipment and thanked and commended for his hard work, diligence and persistence in completing the upgrade project. Dated this October 7, 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist ' i � : ► \ _ : COUNCIL STAFF REPORT �,TY°f phase 14 Public Improvement Hearinq CHYSTAL FROM: Tom Mathisen, Public Works Director / City Engineer TO: Anne Norris, City Manager (for October 7 Council Meeting) DATE: October 2, 2014 RE: Phase 14 — North Lions Park Street Reconstruction — Conduct Public Improvement Hearing, Order Project #2014-14 INTRODUCTION As part of the ongoing street reconstruction program, on September 2 the Council accepted the Feasibility Study for the Phase 14 project and ordered the public improvement hearing. The hearing is scheduled for the October 7 Council meeting. DISCUSSION On Wednesday, October 1, a public open house was held in the Community Room at the City Hall. Approximately 50 residents attended. The ten minute "Street Video" that provides construction details about the project was shown and a 40 minute formal presentation was given. Many questions were answered. Those attending appeared to be receptive to the idea of having their streets rebuilt in 2015. A detailed description of the State Aid Street system and related funding source was provided. The discussion included the proposed designation of 58th Avenue as a new State Aid street. Sidewalks along one side of the State Aid routes were also discussed along with the requirement that there would be parking allowed on only one side. There were both pro and con comments regarding sidewalks along the existing and proposed State Aid streets in the project area. Ordering the project on October 7 will be the start of the timeframe necessary for designing and bidding the project in time for spring 2015 construction. The estimated cost is $5,837,538. There are approximately 398 assessable parcels in the project area, and there are 5.1 miles of work. CenterPoint Energy will also be replacing steel gas mains and services throughout the project, beginning in early spring. RECOMMENDATION It is recommended that the City Council adopt the attached resolution ordering Public Improvement Project #2014-14, Phase 14 North Lions Park Street Reconstruction. The resolution also authorizes the City Manager to enter into the attached contract with Short Elliot Hendrickson to prepare the plans and specifications for the project. This is the second of the three part contract with SEH required to do the feasibility study, prepare the plans and specifications, and then provide staking, inspection, and project management services during the construction phase. ectfully submitted, Thomas Mathisen City EngineerlDPW i:/pubworks/projects/phase14/orderprjctmem ' i � : ► \ _ : RESOLUTION NO. 2014 - ORDERING PUBLIC IMPROVEMENT PROJECT #2014-14 PHASE 14 — NORTH LIONS PARK STREET RECONSTRUCTION AND AUTHOURIZE DESIGN SERVICES CONTRACT BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: Section 1. Background/Findin�s 1.01. On June 3, 2014, the Council authorized the preparation of an engineering feasibility study for a proposed street reconstruction improvement of the North Lions Park neighborhood streets area of Crystal (Project) under the provisions of Minnesota Statutes, Chapter 429 (Act). 1.02. On September 16, 2014, the Council received the feasibility study as prepared by SEH, Incorporated, consulting engineer (Study) dated September 10, 2014, and set a public hearing on the Project for October 7, 2014. 1.03. A public neighborhood meeting to discuss the project was held at City Hall on October l, 2014. 1.04. Mailed and published notice of the public hearing was given in accordance with the Act. "I'he public hearing was duly conducted on this date and all interested persons were given an opportunity to be heard. 1.05. The Council finds and determines that the project is feasible and it is in the best interest of the City and adjoining property owners that the Project be constructed and financed as proposed in the Study. 1.06. It is found and determined that the Project has no relationship to the Comprehensive Municipal Plan other than as it relates to the location of Municipal State Aid Streets. 1.07 It is found and determined that the present intent of the Council is to finance all or a portion of the cost of the Project by reimbursement from the proceeds of bonds or other obligations to be issued and sold by the City. The maxiinum principal amount of bonds expected to be issued for the Project is $5,837,538. Said bonds to be repaid all or partially through a combination of Minnesota State Aid Highway Fund and direct assessment to benefited property owners. ' i � : ► \ _ : Section 2. Orders/Authorizations 2.01. The Project as proposed in the Study and as modified by the Council, is hereby ordered. 2.02. The City Manger is authorized to enter into a contract with SEH, Incorporated, and with assistance from the Crystal Engineering Department, prepare plans and speciiications for the construction of the Project and to solicit bids for contracts for project construction in accordance with the Act. 2.03. The Project is designated Improvement Project #2014-14 Phase 14 — North Lions Park Street Reconstruction. Adopted by the Crystal City Council this 7th day of October 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Service Specialist l:/pubworks/projects/phase 14/orderprjctres Buildin}� a �3ectcr Wnr'Id for Ali of Us"' Supplemental Letter of Agreement to Agreement for Professional Services Dated July 7, 2009 October 2, 2014 Tom Mathisen, PE Director of Public Works / City Engineer City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Dear Tom: ' i � : ► \ _ : RE: Crystal, MN Professional Services for 2015 - Phase 14 North Lions Park Street Reconstruction City Project No. 2014-14 SEH No. CRYST129865 10.00 We will provide engineering services for the final design phase of the referenced project. Our services will be in accordance with the Agreement for Professional Services between the City of Crystal, Minnesota (City) and Short Elliott Hendrickson Inc. dated July 7, 2009 (Agreement). According to Exhibit C-3, Paragraph A of the Agreement, we will use the most recent opinion of probable construction cost for the project plus 15% of the private driveway and sanitary sewer repair cost as approved by the owner to calculate our fee. The most recent opinion of probable cost is outlined in the following table. We understand the importance of staying within the total project costs as outlined in the feasibility study. �'> From the Report on Feasibility dated September 10, 2014. �z� Based upon the substantial completion quantities and contract unit prices for Phase 13 awarded bidder Palda and Sons, Inc. The Phase 14 costs are prorated by the amount of assessable single family/duplex lots in Phase 14 as compared to Phase 13. Engineers � Architects � Planners � Scientists Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is an equal opportunity employer � www.sehinc.com � 952.912.2600 � 800.734.6757 � 888.908.8166 fax ' i � : ► \ _ : Tom Mathisen, P.E October 2, 2014 Page 2 In accordance with Appendix A dated June 8, 2004 and revised October 9, 2007, January 14, 2009 and December 7, 2012 to this Supplemental Agreement, our lump sum fee for this entire project is calculated on the basis of 15.12% of the total estimated construction cost. In accordance with Exhibit C-3, Paragraph A of the Agreement, the not to exceed final Plans, Specifications, Estimate and Bidding phase fee will be 47% of our lump sum fee for this entire project less the total amount billed for the feasibility study, as outlined in the following table. ITEM COST Total Estimated Construction Cost on which to Base the Total En ineerin Fee Percenta e $4,939,129 Total En ineerin Fee Percenta e 15.12% �3� Total En ineerin Fee $746,796 Plans, Specifications, Estimate and Bidding En ineerin Fee Percenta e 47% Plans, Specifications, Estimate and Bidding En ineerin Fee Based on Percenta e $350,994 Less Feasibilit Stud En ineerin Fee $77,664 �4� Total Plans, Specifications, Estimate and Biddin En ineerin Fee $273,330 �3� Per Appendix A revised December 7, 2012 �4� $77,664 is the total fee spent to prepare the report on feasibility through September 26, 2014. During the course of the final design phase, we will bill you monthly for services, expenses, and equipment on SEH's estimate of the percentage of the work completed as described in Exhibit C-3, Paragraph A of the Agreement. This financial arrangement is based on the orderly and continuous progress of the project. We will start our services promptly after receipt of the City's authorization of this Supplemental Agreement. We anticipate conducting our work to match the following approximate production schedule. Item Approximate Date Begin Topographic Survey 10/15/14 Complete Topographic Survey 11/19/14 MSA Street Neighborhood Meeting 12/18/14 Neighborhood Open House, Including Rain 1/15/15 Gardens 1S' MSA Submittal 1/30/15 2"d MSA Submittal 2/27/15 Ad for Bids in Finance & Commerce 2/24 and 3/3/15 Open Bids 3/12/15 Assessment Hearing and Award of Contract 4/21/15 This Supplemental Letter Agreement and the Agreement represent the entire understanding between you and us in respect to the project and may only be modified in writing signed by both of us. If it satisfactorily ' i � : ► \ _ : Tom Mathisen, P.E October 2, 2014 Page 3 sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return it to us. Sincerely, /�., %��i Aaron T. Ditzler, PE Project Manager City of Crystal, Minnesota Accepted this _____ day of _________________, 2014 By: Title By----------------------------- Title----------------------------- atd c: Paul J. Pasko III, SEH p:�ac\c\crysd129R65\I-genlUO-setup-contract\03-proposal�supagree ph 14 dps.docx ' i � : ► \ _ : APPENDIX A CITY OF CRY5TAL STREET RECOSTRUCITON LUMP SUM ENGINEERING SERVICES AGREEMENT AS PERCENTAGE OF FINAL CONSTRUCTION COST SHORT ELLIOTT HENDRICKSON, INC. DECEMBER 7, 2012 * Final Total Construction Engineering Feasibility Plans and Construction Cost ($) Fee (%) Study (%) Specs (%) Mgmt (%) $2,000,000 19.52% 1.37% 7.80% 10.35% $2,250,000 19.12% 1.34% 7.65% 10.13% $2,500,000 18.72% 1.31 % 7.49% 9.92% $2,750,000 18.32% 1.28% 7.33% 9.71% $3,000,000 17.92% 1.25% 7.17% 9.50% $3,250,000 17.52% 1.23% 7.U0% 9.29% $3,500,000 17.12% 1.20% 6.85% 9.07% $3,750,000 16.72% 1.17% 6.69% 8.86% $4,000,000 16.32% 1.14% 6.53% 8.65% $4,250,000 15.92% 1.11% 6.37% 8.44% $4,500,000 15.52% 1.09% 6.20% 8.23% $4,750,000 15.12% 1.06% 6.05% 8.01 % $5,000,000 14.72% 1.03% 5.89% 7.80% $5,250,000 14.32% 1.00% 5.73% 7.59% $5,500,000 13.92% 0.97% 5.57% 7.38% $5,750,000 13.52% 0.95% 5.40% 7.17% $6,000,000 13.12% 0.92% 5.25% 6.95°/a $6,250,000 12.72% 0.89% 5.09% 6.74% $6,500,000 12.32% 0.86% 4.93% 6.53% $6,750,000 11.92% 0.83% 4.77% 6.32% $7,000,000 11.52% 0.81 % 4.60% 6.11 % $7,250,000 11.12% 0.78% 4.45% 5.89% $7,500,000 10.72% 0.75°/a 4.29% 5.68% $7,750,000 10.32% 0.72% 4.13% 5.47% $8,000,000 9.92% 0.69% 3.97% 5.26% Final construction cost includes 15% of private driveway and sanitary sewer repair costs. Total fee will be based on Total Engineering Fee percentage column. Remaining three columns are only possible breakdowns to be used to keep cost of each phase balanced. *Revised 10-9-07 (private to 15%) *ReviseJ 1-14-09 (Revised Perceutages for Total Engineering Fee, Feasibility Study, Pla��s and Specs, and Construction Mgmt) *Revised 12-7-12 (Revised Percentages for Total Engineering Fee, Feasibility Study, Plans and Specs, and Construction Mgmt) P:\AE\C\Cryst\Common�Ivlaster Contract\REVISED APPENDIX A 12 07 12.docx RE(iULAR A(iE�DA REGULAR AGENDA #1 ������� �r��IFF ����� i ��T��f I�ubli� V1l�rk� F��elity+ ��e�th�rr��i �c�n�tru�ti�r� CKY5TAL FROM: Tom Mathisen, Public Works �irector 8� City Engineer TO: Anne Norris, �ity Man�ger for t.�cteber 7 City Council Meeting DATE, October 2, 2014 RE: Cansider resolution awarding wellfield construction cor�tract As part af the canstruction of the new Public Works Facility, ground sourc� heat pumps (geothermal) will be used ta heat and caol employee affices, lunch and lacker raoms and meeting rooms, and heat the mechanics bays area. The most critical part of a geothermal system is the canstruction af the wellfield which in this case will be beneath the asphalt parking and staging areas of the facility. If the wellfield is not designed; drilled, cemented, manifolded, cleaned, tested and commission correctly, the system would be susceptible to warking for the first few years and then, with time lose its ability to cool because tao much heat is being put into the graund in the summer as campared to the heat removed in the winter. Braun lntertec is a large testing campany that alsa speeializes in ground source I�eat pump wellfields. They have �eveloped a number of praprietary �ystems specifically for building and testing wellfields. They have submitted the attached proposal in the amount af $98,500 ta provide both engineering services �nd build and test the wellfield and remain involved for when the new facility is ready to go on line next summer. State bid law requires for proj�cts greater than $50,000 and under $100,000 far the irnpravement of real property, that at least two written quotes be abtained ta do the work. A quate from a second driliing company was obtained in th� �rr�ounfi of $140,OQ0. Based on the above, it is recommended that the Council award the contract for the geothermal wellfield to Braun Intertec Geothermal, LL.C, in the amount of $98,500. ectfully; : Tom Mathisen City Engineer/DPW I:pubworkslprojects/2014/2014-10 PW Facil Design Canstlwellfieldawardmem � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... RESOLUTION NO 2014- AWARDIN(7 GROUND SOURCE HEAT PUMP WELLFIELD CONSTRUCTION CONTRACT - PUBLIC WORKS FACILITY PROJECT #2014-10 WHEREAS, as part of the construction of the new Public Works Facility, ground source heat pumps (geothermal) will be used to heat and cool various parts of the facility; and WHEREAS, a wellfield with approximately 40 wells is part of the system and the design and construction of said wellfield is often the source of many immediate and long term problems with such geothermal systems; and WHEREAS, it is in the best interest of the City to make every effort to assure that proper construction and testing of the wellfield takes place, and to that end the City has obtained a proposal in the amount of $98,500 from Braun Intertec Geothermal, LLC to build and test the wellfield consisting of approximately 40 wells; and WHEREAS, Braun Intertec is a large well respected company that specializes in geothermal wellfield development, and to that end has developed several proprietary systems that are used in the field to clean, purge, and test individual wells and manifolds as they are individually built, prior to wellfield commissioning; and WHEREAS, State bid law requires for projects greater than $50,000 and under $100,000 for the improvement of real property, that at least two written quotes be obtained to do the work. A quote from another drilling company was obtained and that amount was $140,000, and therefore approval of the Braun proposal is being recommended.. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for the construction of the new Public Works Facility (Project #2014- 10) geothermal welliield construction to Braun Intertec Geothermal, LLC, in the amount of $98,500. Adopted by the Crystal City Council this 7th day of October 2014. Jim Adams, Mayor ATTEST: Gail Van Krevelen, Assessing/Customer Services Specialist I:pubworks/projects/2014/2014-]0 Pub Works Facil Design ConsUwellfieldawardres eRauN INTERTEC The Scirencn You Build On. September 19, 2014 Mr. Tom Mathisen City Of Crystal 4141 Douglas Avenue North Crystal, MN 55422 REGULAR AGENDA #1 Braun Intertec Geothermal, LLC I Phone: 952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2908 Minneapolis, MN 55438 Web: braunintertec.com Proposal QTG000122 Re: Proposal for Ground Heat Exchanger Design/Build Services New Public Works Facility Crystal, Minnesota Dear Mr. Mathisen: Braun Intertec Geothermal, LLC is pleased to present this proposal for geothermal ground heat exchanger (GHX) design/build services for the referenced project. This proposal assumes a Fixed Fee contractual relationship in which Braun Intertec will install a complete GHX system, as defined by the below listed Summary of Services, in accordance with a design of our creation. Engineering services will be provided by Wally Ouse, PE, and Braun Intertec Geothermal, LLC will be the engineer of record for the GHX system. Designs are prepared according to appropriate jurisdictional rules applicable to the work described herein. Materials and methods are specified according to a knowledgeable understanding of realistic construction capabilities for this region, and geologic conditions established through testing at site. Scope of Services Ground Heat Exchanger Design ■ Preparation of HVAC energy analysis and development of hourly heating/cooling loads. ■ Review of project mechanical systems for integration with GHX design. ■ Integration of site characterization (test boring) and thermal testing results. ■ Review of Client provided civil, site electrical and mechanical plans for coordination with GHX design. ■ Coordination with project interior mechanical engineer for purposes of establishing design: min/max condenser water operating temperatures, condenser water flow rate, and exterior piping pressure drop. ■ Preparation of complete ground heat exchanger construction documentation. Design process to include submission of 90% complete documents to owner for review comments. ■ Preparation of interior manifold detail for mechanical contractor use. �, � �i�:�;f� � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... City of Crystal Proposal QTG000122 September 19, 2014 Page 2 Ground Heat Exchanger Construction installation of a closed-loop, vertical bore ground heat exchanger in accordance with approved construction documentation. To include: ■ Obtaining of all required permits. ■ Safety planning, project management, site supervision and coordination with General Contractor necessary to complete the above scope item. ■ Mobilization/demobilization of manpower and equipment to site. ■ Supply of all materials, equipment and labor. ■ Scope of work under this proposal terminates 30 feet from building foundation. ■ Work includes coordination with mechanical contractor as required to deliver a functioning ground loop. Ground Heat Exchanger Quality Verification and Preparation for Service ■ qC Staff verification of unrestricted flow of vertical heat exchangers before connection to lateral piping circuits. ■ Removal of air and construction debris from ground heat exchange system piping utilizing patent pending Hydrocommissioning technology. ■ Final verification of leak free integrity of ground heat exchange piping in accordance with American Society for Testing and Materials (ASTM) F2164. ■ Supply and installation of State Approved, inhibited, environmentally friendly heat transfer solution in ground heat exchange system. ■ Work is dependent on mechanical contractor installation of appropriate interior manifold. Mechanical contractor is responsible for supplying/installing appropriate manifold. COSt The lump-sum cost for the tasks described in this proposal is as follows. Service Description Lump Sum Cost Ground Heat Exchanger Design/Build Services $ 98,500 Schedule To be confirmed with client. Stipulations, Exclusions and Advisories ■ Interior mechanical engineer shall maintain responsibility for selection of condenser water circulating pump selection. eRauN INTERTEC � � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... City of Crystal Proposal 4TG000122 September 19, 2014 Page 3 ■ Design services relating to the interior HVAC system, with the exception of the geothermal manifold detail, are excluded. ■ Civil, grading, mechanical and electrical site plans shall be provided to us upon request and, are required to complete our work Scope. Plans to be submitted to BIG in .dwg format. ■ Termination of Scope to be 30' from building entry point. Client is responsible for planning building entry of main piping. ■ Inclusion of the test VHE into the final installation is planned. Client is responsible to prevent damage preventing use in system. If test VHE cannot be used in the system, due to damage caused by others, additional charges may apply. ■ We concur that client exercised appropriate care in characterizing subsurface conditions. This characterization has been assumed as the basis of this proposal. However, if unforeseen conditions are encountered which preclude the efficient application of planned means/methods, drilling work may be suspended until updated means/methods are developed. In that event, and if additional costs are likely to be incurred, we may request additional fees, in writing, before resuming work. ■ Vertical heat exchanger installation is possible during winter months. However, production is dependent on ambient temperature and wind conditions, both at the start of the day and as forecasted for the remainder. Note that construction scheduling for VHE installation must maintain appropriate flexibility due to such uncontrollable conditions. ■ Excavation, backfill, compaction, lateral piping and Hydrocommissioning work will not be performed during freezing conditions or in frozen ground. ■ Proposal costing assumes no significant soil or groundwater contamination. Investigation derived waste (IDW) or contaminated soil/groundwater handling, disposal, containerization and special construction requirements related to IDW or contaminated soil/groundwater shall constitute an unforeseen condition and the basis for additional fees. ■ Buried foundations, debris or any other man-made buried condition, if encountered, shall constitute an unforeseen condition and the basis for additional fees. ■ Significant differences in geologic materials, such that require significant alterations to planned means/methods including, but not limited to the use of casing, air or rotosonic drilling instead of mud drilling, shall constitute an unforeseen condition and the basis for additional fees. ■ Compaction testing of backfilled excavations is available through Braun Intertec at additional charge. ■ If site is not accessible for any reason, standby time, additional mobilization/demobilization, and lodging rates may apply. We will attempt to contact client prior to assessing additional fees. BRauN INTERTEC � � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... City of Crystal Proposal QTG000122 September 19, 2014 Page 4 ■ BIG shall supply a dumpster and hauling for its own use. Sanitary facilities shall be provided by Client or General Contractor for our use. ■ It is Braun Intertec Geothermal's responsibility to request locating of public utilities. It is the Site owner's responsibility to mark the locations of private utilities and other buried structures prior to our arrival on site. ■ Proposal costing assumes prevailing wage rates do not apply to our work. ■ Proposal costing excludes all applicable taxes. ■ Proposal costing assumes that General Contractor shall provide adequate and dedicated lay down area for the storage and staging of our installation materials. Qnce material is placed in dedicated area, requests for relocation constitute a changed condition and may be the basis for additional fees. ■ Hydrocommissioning and HTF installation will be performed after the mechanical contractor installation of the interior header manifold specified by us. In the event the manifold is not installed in accordance with specification, this may constitute a changed condition and may be the basis for additional fees. ■ This proposal assumes the site will be returned to rough grade at the completion of our work. This proposal excludes any replacement of vegetation, paving, curb/gutter or topsoil. General Remarks Braun Intertec appreciates the opportunity to present this proposal to you. It is being sent in an electronic version only. A hard copy of the proposal will be supplied upon request. Please return a signed copy of the proposal in its entirety. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. BRauN INTERTEC � � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... City of Crystal Proposal QTG000122 September 19, 2014 Page 5 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. We appreciate the opportunity to provide professional services for you on this project. If you have questions regarding the contents of this proposal, please contact Lucas Evenson at 952.995.2414. Sincerely, BRAUN INTERTEC GEOTHERMAL, LLC , _ _ <�:_: — - - Lucas Evenson Business Development , _ „,,.�-,•f �_ ._ . �, Scott Freitag, CGD Principal — Business Unit Manager Attachments: General Conditions (9/01/13) The proposal is accepted, and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date BRauN INTERTEC . �