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2015.06.16 Council Meeting Packet Posted: June 12, 2015 CITY OF CRYSTAL City Council Meetings Tuesday, June 16, 2015 MEETING SCHEDULE Time Type of Meeting Location 6:15 p.m. 1st City Council Work Session to discuss: • Gaulke Pond expansion study • West Metro Fire-Rescue District update and 2016 budget preview Conference Room A 6:30 p.m. Swearing-in Reception Community Room 7:00 p.m. Regular City Council Meeting Council Chambers Immediately following the Regular Council Meeting EDA Special Meeting Council Chambers Immediately following the EDA Special Meeting 2nd City Council Work Session to discuss: • Overview of property maintenance code inspections prior to sale • Records retention policy update • Northwest Hennepin Human Services Council update • Constituent issues update • New business • Announcements Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 12, 2015 CRYSTAL CITY COUNCIL FIRST WORK SESSION AGENDA Tuesday, June 16, 2015 6:15 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at ______ p.m. on Tuesday, June 16, 2015 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Libby ____ Norris ____ Parsons ____ Therres ____ Peak ____ Ray ____ Adams ____ Larson ____ Dahl ____ Revering ____ Deshler ____ Gilchrist ____ Kolb ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Gaulke Pond expansion study 2. West Metro Fire-Rescue District update and 2016 budget preview III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 16, 2015 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Gaulke Pond Study Summary With the relocation of the new public works facility, the opportunity has presented itself to evaluate repurposing a portion of the existing public works maintenance facility campus. Specific goals of the repurposing include: 1) Expansion of the water storage capability of Gaulke pond to help reduce potential local area flooding as well as reduce water storage needs upstream (especially at Memory pond) during high precipitation events. 2) Creation of a materials storage area at the site so the current storage area at Bassett Creek Park can be eliminated. This project was briefly discussed on the City bus tour in May. Staff solicited proposals from three consultants (Barr, SRF Consulting, and Stantec) for analysis and design services for the Gaulke Pond area. Barr had the lowest proposal cost while still providing an acceptable project understanding and scope of deliverables. Barr is a local engineering firm with extensive watershed experience. The timeline for the construction portion of the project is dependent on the scope of work and associated costs in order to meet the goals for the repurposing. Currently, it is anticipated that the project will take place starting in 2016 and ending in 2017. Attachments • Barr Engineering and Environmental Consultants Proposal Recommended Action Motion to approve the agreement with Barr Engineering and Environmental Consultants for the Gaulke Pond Expansion Professional Services. City Council Meeting Agenda June 16, 2015 7:00 P.M. Council Chambers THE CITY MANAGER’S COMMENTS ARE BOLDED. 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA The Council will consider approval of the agenda.* 3. APPEARANCES The Mayor will swear in Police Officer Caleb Selin. 4. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The continuation of the May 28, 2015 Work Session on June 2, 2015; b. The Regular City Council Meeting from June 2, 2015; and c. Two Council Work Sessions from June 2, 2015. 5. CONSENT AGENDA The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 5.1 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; 5.2 Approval of a resolution accepting the following donations: a. $5,000 from the Crystal Lions for Crystal Frolics b. $200.00 from NATCA Local MIC/Crystal Tower for Crystal Airport Open House c. $221.67 from various donation boxes throughout the city for the Crystal K-9 Unit 5.3 Approval of a resolution regarding State of Minnesota performance measures; and 5.4 Approval of a resolution amending Appendix IV of the Crystal City Code relating to the 2015 Fee Schedule – Main Section. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda June 16, 2015 6. OPEN FORUM (Open forum is an opportunity for persons in attendance to address the Council regarding items of concern. Each person will be allowed three minutes to speak and no items may be addressed for more than ten minutes. No Council action may be taken on any items brought before the Council on Open Forum. The Council may place items brought before it on Open Forum in agendas for subsequent Council meetings and staff reports may be required.) 7. REGULAR AGENDA 7.1 The Council will consider 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. Recommend approval of disbursements over $25,000. 7.2 The Council will consider the 2014 Comprehensive Annual Financial Report presented by Kern, DeWenter, and Viere, Ltd. Finance Director Charlie Hansen and a representative of KDV will present the 2014 Financial Report. 7.3 The Council will consider a resolution awarding the sale of General Obligation Improvement Bonds, Series 2015A, in the original aggregate principal amount of $2,550,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment for Phase 14 North Lions Park Street Reconstruction Project No. 2014-14. At its May 19 meeting, the City Council authorized the sale of bonds to finance a portion of Phase 14 Street Reconstruction costs. Finance Director Charlie Hansen and a representative of Springsted (the city’s financial advisor) will be at the meeting to report on the results of the sale of the bonds. Recommend approval of the resolution awarding the sale of bonds. 7.4 The Council will consider a resolution ordering preparation of the feasibility study for Phase 15 Street Reconstruction Project No. 2015-15. At its June 2 work session, the Council discussed the project schedule for next year’s street reconstruction project, Phase 15 (Twin Oaks neighborhood). In order to keep Phase 15 of Street Reconstruction on schedule, recommend approval of the resolution ordering the feasibility study for this project. 7.5 The Council will consider second reading of Ordinance No. 2015-04, amending Section 802 of the City Code regarding location of telecommunication utilities. The proposed changes to Section 802 of the City Code are regarding the location of telecommunication utilities and conditions which allow for above ground installations as well as language regarding notification of adjacent property owners of utility work. The City Council approved the first reading of the ordinance at its June 2 meeting. Recommend approval of the second reading of the ordinance making these changes. Crystal City Council Meeting Agenda June 16, 2015 7.6 The Council will consider first reading of an ordinance amending various sections of Chapter XII of the City Code regarding the sale, consumption and display of liquor and beer. At its June 2 work session, the City Council discussed changes to Section 1200 of the City Code regarding liquor permitting for taprooms and the new “Bloody Mary” law for Sunday sales. Recommend approval of the first reading of the ordinance making these changes. 7.7 The Council will consider approval of a resolution requesting 6-lane restriping of Bottineau Boulevard (CSAH 81) from 47th Avenue North to Wilshire Boulevard. At its May 14 work session, the Council asked about restriping the four lane segment of Bottineau to six lanes. The original 2010 construction agreement for reconstruction of Bottineau Boulevard required Hennepin County to maintain the 47th Avenue to Wilshire Boulevard segment as a 4-lane segment for at leave 5 years after project completion, unless the city of Crystal requests restriping to six lanes at an earlier date. Hennepin County is able to do the restriping and signage and signal changes in 2015 at no cost to the city but the City Council needs to request the change soon to get in this year’s schedule. Recommend approval of the resolution requesting Hennepin County restripe this segment of Bottineau Boulevard. 7.8 The Council will consider appointments to the Community Working Group for Bass Lake Road Station Area Planning. At its June 2 work session, the City Council discussed a Community Working Group (CWG) to work with Hennepin County and the city to advise County and city staff on station area planning. Staff is suggesting the CWG consist of the three Councilmembers representing Section II and Wards 3 and 4, two Planning Commissioners who live within half a mile of the proposed station, and the four Blue Line Extension Business and Community Advisory Committee members. 7.9 The Council will consider a resolution authorizing contract for Gaulke Pond expansion study. With the relocation of the Public Works facility later this year, a portion of the current facility site in the flood plain will be vacated. It is appropriate to consider studying the site for materials storage (currently in Bassett Creek Park) and possible additional storm water storage. Recommend approval of the resolution authorizing the study of this site. 8. INFORMATION AND ANNOUNCEMENTS a. The Crystal Business Association meets on Wednesday, June 17, at 8:30 a.m. at Northridge Care Center in New Hope. b. Bassett Creek Dog Park User Meeting is on Wednesday, June 17, at 6:30 p.m. at Bassett Creek Park. Crystal City Council Meeting Agenda June 16, 2015 c. Pre-Airport Open House “Kick-off Party” is Saturday, June 20 from 5:00 – 11:00 p.m. at Hanger 60. d. Crystal Airport Open House is Sunday, June 21 from 8:00 a.m. – 3:00 p.m. e. City offices are closed on Friday, July 3, in observation of the Independence Day holiday. f. The City is not conducting a fireworks display for the Fourth of July Holiday. g. The next City Council Meeting begins at 7:00 p.m. on Tuesday, July 14, in the Council Chambers at City Hall. h. Crystal Frolics is July 23 - 26. Visit http://crystalfrolics.org for more information. i. All City Council meetings and work sessions are open to the public as well as recorded and available for viewing or listening at www.crystalmn.gov. 9. ADJOURNMENT 10. MEETING SCHEDULE ON JUNE 16, 2015 Time Type of Meeting Location 6:15 p.m. 1st City Council Work Session to discuss: • Gaulke Pond expansion study • West Metro Fire-Rescue District update and 2016 budget preview Conference Room A 6:30 p.m. Swearing-in Reception Community Room 7:00 p.m. Regular City Council Meeting Council Chambers Immediately following the Regular Council Meeting EDA Special Meeting Council Chambers Immediately following the EDA Special Meeting 2nd City Council Work Session to discuss: • Overview of property maintenance code inspections prior to sale • Records retention policy update • Northwest Hennepin Human Services Council update • Constituent issues update • New business* • Announcements* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. Please join us for the Swearing In Ceremony of Police Officer Caleb Selin On Tuesday, June 16th, 2015 Crystal City Hall 4141 Douglas Drive Crystal, MN 55422 Cake and coffee reception in the Community Room at 6:30 p.m. Followed by the ceremony in the Council Chambers at 7:00 p.m. 3. Crystal City Council Work Session Minutes June 2, 2015 Page 1 of 1 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the May 28, 2015 work session of the Crystal City Council reconvened at 6:02 p.m. on Tuesday, June 2, 2015, 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: COUNCIL PRESENT: Kolb, Parsons, Adams, Dahl and Deshler. ABSENT: Libby and Peak. STAFF PRESENT: Assistant City Manager/Human Resources Manager K. Therres, Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C. Serres. II. AGENDA The Council interviewed an applicant for the City Code Review Task Force. III. ADJOURNMENT The work session adjourned at 6:14 p.m. ______________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk Crystal City Council Work Session Minutes June 2, 2015 Page 1 of 1 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:16 p.m. on Tuesday, June 2, 2015 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: COUNCIL PRESENT: Kolb, Parsons, Peak, Adams, Dahl and Deshler. ABSENT: Libby. STAFF PRESENT: Assistant City Manager/Human Resources Manager K. Therres, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter, City Planner D. Olson, Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C. Serres. II. AGENDA The Council and staff discussed the following agenda items: 1. Phase 15 Street Reconstruction Feasibility Report Preparation 2. Proposed increase in electrical permit and inspection fees 3. Process for appointments to Community Working Group for the Bass Lake Road Station Area Land Use Planning III. ADJOURNMENT The work session adjourned at 6:57 p.m. ______________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk Crystal City Council Meeting Minutes June 2, 2015 Page 1 of 5 1. 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, June 2, 2015 at 7:01 p.m. in the Council Chambers at 4141 Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order. ROLL CALL Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: COUNCIL PRESENT: Kolb, Parsons, Peak, Adams, Dahl and Deshler. ABSENT: Libby. STAFF PRESENT: Assistant City Manager/Human Resources Manager K. Therres, Community Development Director J. Sutter, Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C. Serres. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in the Pledge of Allegiance. 2. APPROVAL OF AGENDA The Council considered approval of the agenda. Mayor Adams requested moving Consent Agenda Item 4.13 to the beginning of the Regular Agenda. Moved by Mayor Adams and seconded by Councilmember Kolb to approve the agenda, as amended. Motion carried. 3. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from May 19, 2015; b. Two Council W ork Sessions from May 19, 2015; c. The Council Work Session from May 20, 2015; and d. The Council Work Session from May 28, 2015. Moved by Councilmember Dahl and seconded by Councilmember Parsons to approve the above minutes in a single motion. Motion carried. 4. CONSENT AGENDA The Council considered the following items, which are routine and non-controversial in nature, in a single motion: Crystal City Council Meeting Minutes June 2, 2015 Page 2 of 5 4.1 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; 4.2 Approval of Resolution No. 2015-66, accepting the following donations: a. $35.00 from Buffalo Wild Wings for the Crystal Police Reserves b. $1,000.00 from the Crystal Lions for Arts in the Park Bands c. $221.05 from various donation boxes throughout the city for the Crystal K-9 Unit 4.3 Approval of a permit application for Crystal Frolics fireworks display on Friday, July 24 and Saturday, July 25, 2015, submitted by Hollywood Pyrotechnics, Inc.; 4.4 Approval of a request for authorization to temporarily close Bass Lake Road between County Road 81 and Sherburne Avenue during a fireworks display on July 24 and 25, from 9:45 p.m. - 10:45 p.m., submitted by the Crystal Frolics Committee; 4.5 Approval of a request for live music at Becker Park on Thursday, July 23 from 6-9 p.m., Friday, July 24 from 7-11:30 p.m., Saturday, July 25 from 7-11:30 p.m., and Sunday, July 27 from 1:00-3:30 p.m., submitted by the Crystal Frolics Committee; 4.6 Approval of a temporary on-sale liquor license at Becker Park for the Crystal Frolics on July 23-26, 2015, submitted by the Crystal Lions; 4.7 Approval of a temporary on-sale liquor license at Welcome Park for the Crystal Frolics on July 24-26, 2015, submitted by the Crystal Lions; 4.8 Approval of Resolution No. 2015-67 for lawful gambling at Becker Park for Crystal Frolics on July 23-26, 2015, submitted by the Crystal Lions; 4.9 Approval of four solicitor licenses for Elisha Anderson, Corey Bonander, Michael Kroll, and Janet Shelton of Custom Remodelers, Inc. to go door-to-door in Crystal through December 31, 2015, offering free estimates and scheduling appointments for home improvement projects; 4.10 Approval of a special permit for wine and beer for a birthday picnic for up to 20 guests from 4-8 p.m. on Saturday, May 23, 2015, at Becker Park, submitted by Carmen Phillips (pre-approved by City Manager Anne Norris on 5/22/2015); 4.11 Approval of a special permit for wine and beer for a wedding reception for up to 70 guests from 5-9 p.m. on Saturday, June 13, 2015, at Becker Park, submitted by M. Marie Roebuck. 4.12 Approval of Resolution No. 2015-68, amending Appendix IV of the Crystal City Code relating to the 2015 Fee Schedule – Main Section. Moved by Councilmember Parsons and seconded by Councilmember Peak to approve the consent agenda. Motion carried. Crystal City Council Meeting Minutes June 2, 2015 Page 3 of 5 5. OPEN FORUM The following person addressed the Council: • June Sandberg, regarding Heathers Pond 6. REGULAR AGENDA 6.1 The Council considered approval of a resolution rescinding Resolution 2015-05 regarding lot division at 4939 Vera Cruz and approving said lot division with new conditions of approval. Community Development Director J. Sutter addressed the Council. Moved by Councilmember Peak and seconded by Councilmember Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2015 – 69 A RESOLUTION RESCINDING RESOLUTION 2015-05 AND APPROVING LOT DIVISION FOR REALIGNMENT OF A REAR LOT LINE 4939 VERA CRUZ AVENUE NORTH (“PARCEL 1”) AND 4938 WELCOME AVENUE NORTH (“PARCEL 2”) By roll call and voting aye: Kolb, Parsons, Peak, Adams and Dahl. Voting nay: Deshler. Absent, not voting: Libby. Motion carried, resolution declared adopted. 6.2 The Council considered 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. Mayor Adams read the list of disbursements over $25,000. Moved by Councilmember Deshler and seconded by Councilmember Parsons to approve the list of disbursements over $25,000. Voting aye: Kolb, Parsons, Peak, Adams, Dahl and Deshler. Absent, not voting: Libby. Motion carried. 6.3 The Council considered appointments to the City Code Review Task Force. Assistant City Manager/Human Resources Manager K. Therres addressed the Council. Crystal City Council Meeting Minutes June 2, 2015 Page 4 of 5 Moved by Councilmember Deshler and seconded by Councilmember Peak to approve the appointments of the following 14 members to the City Code Review Task Force: Kirsten Andersen Jon Bohlinger Bonnie Bolash Jerry Bolash Timothy Buck Tom Krueger Carolyn Maristany Nicholas Meyer Amy Moser Candace Oathout Jennifer Pohl Andrew Richter Stephen Schwappach David Seffren Voting aye: Kolb, Parsons, Peak, Adams, Dahl and Deshler. Absent, not voting: Libby. Motion carried. 6.4 The Council considered the first reading of an ordinance, amending Section 802 of the City Code regarding location of telecommunication utilities. City Attorney T. Gilchrist addressed the Council. Moved by Councilmember Peak and seconded by Councilmember Deshler to adopt the following ordinance: ORDINANCE NO. 2015 – 04 AN ORDINANCE RELATING TO THE PLACEMENT OF UTILITY FACILITIES; AMENDING SECTIONS 802.19 AND 802.45 OF THE CRYSTAL CITY CODE And further, that the second and final reading will be held on June 16, 2015. Voting aye: Kolb, Parsons, Peak, Adams, Dahl and Deshler. Absent, not voting: Libby. Motion carried. 7. INFORMATION AND ANNOUNCEMENTS Mayor Adams read the following announcements: a. Crystal Cove Aquatic Center opens for the season on Saturday, June 6. b. The Crystal Business Association is hosting a Meet and Greet/ Business Expo on June 6 from 10:00 a.m. – 2:00 p.m. at the Crystal Community Center. c. The next City Council Meeting begins at 7:00 p.m. on Tuesday, June 16, in the Council Chambers at City Hall. Crystal City Council Meeting Minutes June 2, 2015 Page 5 of 5 d. The Crystal Business Association meets on Wednesday, June 17, at 8:30 a.m. at Northridge Care Center in New Hope. e. Pre-Airport Open House “Kick-off Party” is Saturday, June 20 from 5:00 – 11:00 p.m. at Hanger 60. f. Crystal Airport Open House is Sunday, June 21 from 8:00 a.m. – 3:00 p.m. g. Citizen Input Time resumes Wednesday, September 16 at 6:00 p.m. However, the Mayor and Councilmembers are still available by phone, email or to meet. h. All City Council meetings and work sessions are open to the public as well as recorded and available for viewing or listening at www.crystalmn.gov. i. Crystal Frolics buttons are available for $2 at the Crystal Community Center, City Hall, Police Department, and various other local businesses. Register your button for a chance to win prizes. The button will also allow you to enter some of the activities being held at the Crystal Frolics. 8. ADJOURNMENT Moved by Councilmember Peak and seconded by Councilmember Parsons to adjourn the meeting. Motion carried. The meeting adjourned at 7:37 p.m. ____________________________ Jim Adams, Mayor ATTEST: _____________________________ Chrissy Serres, City Clerk Crystal City Council Work Session Minutes June 2, 2015 Page 1 of 1 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at 7:45 p.m. on Tuesday, June 2, 2015 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: COUNCIL PRESENT: Kolb, Parsons, Peak, Adams, Dahl and Deshler. ABSENT: Libby. STAFF PRESENT: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Police Chief S. Revering, Fire Chief S. Larson, City Attorney T. Gilchrist and City Clerk C. Serres. II. AGENDA The Council and staff discussed the following agenda items: Moved by Councilmember Peak and seconded by Councilmember Kolb to exclude the security measures discussion from the public audio recording. Motion carried. 1. Security measures proposal for City Hall, Community Center and Council Chambers The public audio recording resumed at 8:02 p.m. 2. Taproom regulation changes, Bloody Mary law 3. Possible restriping – Bottineau Boulevard 4. State performance measurement program 5. Constituent issues update 6. New business 7. Announcements III. ADJOURNMENT The work session adjourned at 9:07 p.m. ______________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 5.1 Page 1 of 1 APPLICATIONS FOR CITY LICENSE June 16, 2015 GAS INSTALLER Kleve & JC Mechanical LLC 12907 Pioneer Trail Eden Prairie, MN 55347 Patton Heating 589 Swan Lake Lane NW Cedar, MN 55011 Twin Peaks Heating 12901 221st Ave NW Elk River, MN 55330 FIREWORKS (350) TNT Fireworks/Cub Foods parking lot tent 5301 36th Ave N Crystal, MN June 20-July 6, 2015 PLUMBER Cody Plumbing Inc 101 Packer Dr P O Box 10 Roberts, WI 54023 Northwoods Plumbing Inc 16088 Rhinestone St NW Ramsey, MN 55303 Plumbing West Inc 23248 Walden Ave Hutchinson, MN 55350 Spiess Plumbing 493 Bear Ave S Vadnais Heights, MN 55127 RENTAL – NEW 5643 Elmhurst Ave N – Martin Schraut (Conditional) 5810 West Broadway – MNSF Minneapolis 2 LLC (Conditional) RENTAL – RENEWAL 5402 Angeline Ave N – Fan Fan Rent LLC c/o Xie Wang 3041 Douglas Dr N – Barbara Freund c/o REI Property Mgmt 5126 Edgewood Ave N – Wally Anderson 5944 Elmhurst Ave N – Patrick Archer 2826 Idaho Ave N – Jeff Reiser 5220 Jersey Ave N – Patrick Hauser 5212 Kentucky Ave N – Kirk Ehlers (Conditional) 2910 Louisiana Ave N – MNSF Mpls/Property Vision (Conditional) 4602 Louisiana Ave N – Robert Mulvihill (Conditional) 3548 Perry Ave N – Keith Simmerman (Conditional) 5525/5527 Quail Ave N – Lloyd/Marilyn Olson (Conditional) 5513 Regent Ave N – Michael/Diane Dauk 7400 Shirley Pl N – Bachaus Investment Properties LLC (Conditional) 4725 Welcome Ave N – Wally Anderson 5232 Welcome Ave N – Brummer Realty (Conditional) 4227 Zane Ave N – MNSF Mpls LLC/Property Vision (Conditional) 4360 Zane Ave N – Lung Tran c/o Equity Options Property Management (Conditional) 8316 32nd Pl N – Christopher Narine 6806 34th Ave N – James/Lindsay Darrah 6500 46th Pl N – Scott/Colleen Fischer (Conditional) 6912 46th Pl N – Sherry/Patrick Bristol 7123 54th Ave N – Alan Trout (Conditional) 5900 56th Ave N – Shoua Yang/Ma Her (Conditional) 7516 59th Ave N – Rodney Mischka c/o Renters Warehouse SIGN HANGER Fish & Labeau Signs 9350 Co Rd 19 #4 Corcoran, MN 55357 Scenic Sign Corp P O Box 881 St Cloud, MN 56302 Twin Cities Sign Installation 14333 Ural St NE Ham Lake, MN 55304 CITY OF CRYSTAL RESOLUTION NO. 2015 - RESOLUTION ACCEPTING DONATIONS FROM CRYSTAL LIONS, NATCA LOCAL MIC/CRYSTAL TOWER AND VARIOUS INDIVIDUALS 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 RESOLVED by the City Council of the City of Crystal to accept the following donations: Donor Purpose Amount Crystal Lions Crystal Frolics $5,000.00 NATCA Local MIC/Crystal Tower Crystal Airport Open House $200.00 K-9 Donation Boxes Crystal K-9 Unit $221.67 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the Crystal Lions, NATCA Local MIC/Crystal Tower and the various individuals who donated to the K-9 donation boxes throughout the city. Dated this 16th day of June, 2015. By:__________________________ Jim Adams, Mayor ATTEST: _________________________ Chrissy Serres, City Clerk 5.2 5.3 5.3 5.3 5.4 5.4 5.4 7.1 Memorandum DATE: June 9, 2015 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director SUBJECT: 2014 Comprehensive Annual Financial Report Presented by Kern, DeWenter, Viere, Ltd. The firm of Kern, DeWenter, Viere, Ltd. (KDV) has audited the City’s financial statements for the 2014 calendar year. Mr. Matthew Mayer from KDV will be at the June 16th council meeting to present highlights of the enclosed reports for the year 2014: • Communications Letter • Report on Legal Compliance • Comprehensive Annual Financial Report I also want to express my appreciation for Beth Simonsen, Assistant Finance Director for her accounting expertise and the extensive work she did in audit preparation and writing the annual financial report. At the end of the presentation, it is recommended that the City Council formally approve the 2014 reports. 7.2 CITY OF CRYSTAL Hennepin County, Minnesota COMMUNICATIONS LETTER Year Ended December 31, 2014 7.2 CITY OF CRYSTAL TABLE OF CONTENTS REPORT ON MATTERS IDENTIFIED AS A RESULT OF THE AUDIT OF THE FINANCIAL STATEMENTS ............................................................... 1 MATERIAL WEAKNESS .............................................................................................................. 3 SIGNIFICANT DEFICIENCY....................................................................................................... 4 REQUIRED COMMUNICATION ................................................................................................ 5 FINANCIAL ANALYSIS ................................................................................................................ 8 EMERGING ISSUES ...................................................................................................................... 19 7.2 1 REPORT ON MATTERS IDENTIFIED AS A RESULT OF THE AUDIT OF THE FINANCIAL STATEMENTS Honorable Mayor and Members of the City Council City of Crystal Crystal, Minnesota In planning and performing our audit of the basic financial statements of the City of Crystal, Minnesota, as of and for the year ended December 31, 2014, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing auditing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. The material weakness identified is stated within this letter. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. The significant deficiency identified is stated within this letter. The accompanying memorandum also includes financial analysis and recommendations for improvement of accounting procedures and internal control measures that came to our attention as a result of our audit of the financial statements of the City, for the year ended December 31, 2014. The matters discussed herein were considered by us during our audit and they do not modify the opinion expressed in our Independent Auditor’s Report dated May 20, 2015, on such statements. 7.2 2 This communication is intended solely for the information and use of the management, the City Council, others within the City and state oversight agencies and is not intended to be and should not be used by anyone other than these specified parties. KERN, DEWENTER, VIERE, LTD. Minneapolis, Minnesota May 20, 2015 7.2 3 CITY OF CRYSTAL MATERIAL WEAKNESS December 31, 2014 MATERIAL AUDIT ADJUSTMENT During the course of our engagement, we proposed a material audit adjustment that would not have been identified as a result of the City’s existing internal controls and, therefore, could have resulted in a material misstatement of the City’s financial statements. In order to ensure financial statements were free from material misstatement, a material audit adjustment was required for intergovernmental revenues. We recommend the City continue monitoring the reconciling and reporting process to ensure all required adjustments are made to the financial statements prior to the audit. 7.2 CITY OF CRYSTAL SIGNIFICANT DEFICIENCY December 31, 2014 4 LACK OF SEGREGATION OF ACCOUNTING DUTIES The City had a lack of segregation of accounting duties due to a limited number of office employees. Management is aware of this condition and has taken certain steps to compensate for the lack of segregation. However, due to the number of staff needed to properly segregate all of the accounting duties, the cost of obtaining desirable segregation of accounting duties can often exceed benefits which could be derived. Management has determined a complete segregation of accounting duties is impractical to correct. 7.2 CITY OF CRYSTAL REQUIRED COMMUNICATION December 31, 2014 5 We have audited the basic financial statements of the City for the year ended December 31, 2014, and have issued our report dated May 20, 2015. Professional standards require that we provide you with the following information related to our audit. OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA As stated in our engagement letter, our responsibility, as described by professional standards, is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your responsibilities. As part of our audit, we considered the internal control of the City. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City’s compliance with certain provisions of laws, regulations, contracts and grant agreements. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Our responsibility for the supplementary information accompanying the financial statements, as described by professional standards, is to evaluate the presentation of the supplementary information in relation to the financial statements as a whole and to report on whether the supplementary information is fairly stated, in all material respects, in relation to the financial statements taken as a whole. PLANNED SCOPE AND TIMING OF THE AUDIT An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit involved judgment about the number of transactions to be examined and the areas to be tested. Our audit included obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing and extent of further audit procedures. Material misstatements may result from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets or (4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. QUALITATIVE ASPECTS OF ACCOUNTING PRACTICES Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year ended December 31, 2014. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the proper period. 7.2 CITY OF CRYSTAL REQUIRED COMMUNICATION December 31, 2014 6 QUALITATIVE ASPECTS OF ACCOUNTING PRACTICES Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Depreciation – The City is currently depreciating its capital assets over their estimated useful lives, as determined by management, using the straight-line method. Expense/Expenditure Allocation – Certain expenses/expenditures are allocated to functions based on an estimate of the benefit to that particular function. Examples are salaries, benefits, administrative charges and supplies. Net Other Post Employment Benefits (OPEB) Obligation – This liability is based on an actuarial study using estimates of future obligations of the City for post employment benefits. The financial statements disclosures are neutral, consistent and clear. DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT We encountered no difficulties in dealing with management in performing and completing our audit. CORRECTED AND UNCORRECTED MISSTATEMENTS Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The following material misstatement detected as a result of audit procedures was corrected by management.  Adjust Municipal Street Aid (MSA) revenue to not exceed allotment for the year ended December 31, 2014. DISAGREEMENTS WITH MANAGEMENT For purposes of this letter, a disagreement with management is a financial accounting, reporting or auditing matter, whether or not resolved to our satisfaction that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. MANAGEMENT REPRESENTATIONS We requested certain representations from management which were provided to us in the management representation letter. 7.2 CITY OF CRYSTAL REQUIRED COMMUNICATION December 31, 2014 7 MANAGEMENT CONSULTATIONS WITH OTHER INDEPENDENT ACCOUNTANTS In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. OTHER AUDIT FINDINGS OR ISSUES We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. OTHER MATTERS With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content and methods of preparing the information to determine that the information complies with accounting principles generally accepted in United States of America, the method of preparing it has not changed from the prior period and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 8 The following pages provide graphic representation of select data pertaining to the financial position and operations of the City for the past five years. Our analysis of each graph is presented to provide a basis for discussion. GENERAL FUND At December 31, 2014, the General Fund balance was $ 7,395,794, a decrease of 4%, or $ 307,319, from the 2013 balance. The components of fund balance for the General Fund and fund balance as a percent of subsequent years’ budget are depicted in the graphs below and on the following page. $6,754,432 $6,645,169 $6,514,525 $6,862,599 $6,594,097 $859,151 $869,801 $882,942 $840,514 $801,697 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 2010 2011 2012 2013 2014 Fund Balance -General Fund Unassigned Committed for Compensated Absences 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 9 GENERAL FUND The City adopted a budget for 2015 which called for an increase in expenditures and other financing uses of 1.48%, or $ 186,510. Fund balance at December 31, 2014 as a percentage of this budget is shown in the chart below. 57%55% 53%55% 52% 64%62%61%61% 58% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 55% 60% 65% 70% 2010 2011 2012 2013 2014 General Fund Balance as a Percentage of Subsequent Year's Budget Unassigned Fund Balance Total Fund Balance 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 10 GENERAL FUND For the 2014 operating year, the City Council approved a final budget that would utilize $ 600,000 of the General Fund reserves. Revenues exceeded expectations by 1% and expenditures were 1% under budget. This resulted in a positive variance of $ 292,681 from budgeted expectations. General Fund Budget Actual Variance Percentage Revenue Taxes and Assessments 8,377,000$ 8,308,294$ (68,706)$ -1% Intergovernmental 1,962,509 1,961,163 (1,346) 0% Licenses, Permits, Fines and Charges for Services 1,861,310 2,082,762 221,452 12% Other 81,664 78,398 (3,266) -4% Total Revenues 12,282,483 12,430,617 148,134 1% Expenditures General Government 2,196,089 2,188,671 (7,418) 0% Public Safety 5,669,191 5,595,971 (73,220) -1% Public Works 1,242,707 1,241,293 (1,414) 0% Parks and Recreation 2,124,176 2,071,226 (52,950) -2% Community Development 730,829 721,284 (9,545) -1% Total Expenditures 11,962,992 11,818,445 (144,547) -1% Excess of Revenues Over Expenditures 319,491 612,172 292,681 92% Transfers In 283,109 283,109 - 0% Transfers Out (1,202,600) (1,202,600) - 0% Change in Fund Balance (600,000) (307,319) 292,681 49% Beginning Fund Balance 7,703,113 7,703,113 - 0% Ending Fund Balance 7,103,113$ 7,395,794$ 292,681$ 4% The largest components of the revenue budget variances were in licenses and permits, where the City adopted a conservative budget and building activity during the year increased. The largest component of the expenditure variance was in public safety expenditures due to position vacancies during the year. 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 11 GENERAL FUND The chart below shows the City’s revenues by source for the last five years. Total revenues of $ 12,430,617 in 2014 decreased from $ 12,692,216 in 2013. The largest decrease occurred in other revenues due to the City recording certain charges to other funds as transfers-in during 2014. Intergovernmental revenue decreased $ 58,205 due to disaster aid that was received in 2013 as result of a storm. Licenses and permits increased $ 81,226 and charges for services increased $ 83,102, both due to increased building activity during 2014. 2010 2011 2012 2013 2014 Other $1,024,860 $1,083,288 $1,018,109 $931,314 $536,311 Charges for Services 584,282 664,798 654,918 686,100 769,202 Licenses and Permits 666,542 674,693 670,162 843,741 924,967 Intergovernmental 1,876,132 1,885,103 1,754,976 2,019,368 1,961,163 Property Taxes 7,807,491 7,945,447 8,284,782 8,211,693 8,238,974 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 $11,000,000 $12,000,000 $13,000,000 General Fund Revenues 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 12 GENERAL FUND The pie charts below show the breakdown of expenditures in the General Fund for the last two years. With the exception of a small shift between general government, community development and public safety expenditures, the allocation of expenditures by function did not change between 2013 and 2014. General Government 19% Public Safety 47% Public Works 10% Parks and Recreation 18% Community Development 6% 2014 General Fund Expenditures General Government 18% Public Safety 49% Public Works 10% Parks and Recreation 18% Community Development 5% 2013 General Fund Expenditures 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 13 GENERAL FUND General Fund expenditures increased $ 274,495, or 2.4%, from the prior year. Community development expenditures increased $ 90,459 due to increases in salaries, benefits, and contractual services. Public works increased $ 89,634 due to increases in salaries, benefits, and pay out of compensated absences to retirees. 2010 2011 2012 2013 2014 Community Development $629,194 $625,022 $620,853 $630,825 $721,284 Parks and Recreation 1,931,002 1,942,068 1,966,259 2,022,820 2,071,226 Public Works 1,058,743 1,100,042 1,082,726 1,151,659 1,241,293 Public Safety 5,051,570 5,304,852 5,364,598 5,617,980 5,595,971 General Government 2,017,487 1,892,158 2,023,314 2,120,666 2,188,671 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 $11,000,000 $12,000,000 General Fund Expenditures 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 14 ENTERPRISE FUNDS Activity for the City’s Water Fund is shown below. Water operating revenues decreased $ 38,439, as a result of a decrease in consumption. Operating expenses increased $ 910,534 from 2013 due to the costs passed through to the City for the construction of emergency water wells by the Joint Water Commission. The Water Fund ended the year with a net loss of $ 983,453; this net income was the lowest in the five years shown. 2010 2011 2012 2013 2014 Operating Revenue 2,741,750 $ 2,715,722 $ 2,961,432 $ 2,825,253 $ 2,786,814 $ Operating Expense 2,482,146 2,930,591 3,094,744 3,017,767 3,928,301 Operating Income (Loss)259,604 (214,869) (133,312) (192,514) (1,141,487) Net Nonoperating Revenue 98,462 272,764 191,312 158,034 215,278 Net Income 358,066 $ 57,895 $ 58,000 $ (34,480)$ (926,209)$ Net Income as a Percent of Operating Revenue 13%2%2%-1% -33% State-Wide Average 6%10%16%12%N/A Water Enterprise Fund Operations 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 15 ENTERPRISE FUNDS Sewer operating revenues increased $ 73,479 and operating expenses increased $ 5,260. The Sanitary Sewer Fund had the highest operating income in the five years presented. However, the fund had the second lowest net nonoperating revenue in the five years presented due to general fund charges historically being recorded as an expense now being recorded as a transfer out. 2010 2011 2012 2013 2014 Operating Revenue 1,866,096 $ 1,924,723 $ 1,923,113 $ 1,947,194 $ 2,020,673 $ Operating Expense 1,934,554 1,928,975 1,874,699 1,926,465 1,931,725 Operating Income (Loss)(68,458) (4,252) 48,414 20,729 88,948 Net Nonoperating Revenue 113,154 120,840 54,118 24,934 37,735 Net Income (Loss)44,696 $ 116,588 $ 102,532 $ 45,663 $ 126,683 $ Net Income (Loss) as a Percent of Operating Revenue 2%6%5%2%6% State-Wide Average 6%5%7%4%N/A Sanitary Sewer Enterprise Fund Operations 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 16 ENTERPRISE FUNDS 2010 2011 2012 2013 2014 Operating Revenue 648,338 $ 656,761 $ 677,619 $ 724,887 $ 760,884 $ Operating Expense 491,757 600,371 778,031 697,159 659,972 Operating Income (Loss)156,581 56,390 (100,412) 27,728 100,912 Net Nonoperating Revenue 64,198 391,782 12,449 (44,844) 2,248 Net Income (Loss)220,779 $ 448,172 $ (87,963)$ (17,116)$ 103,160 $ Net Income (Loss) as a Percent of Operating Revenue 34%68% -13%-2%14% State-Wide Average N/A N/A N/A N/A N/A Storm Drainage Enterprise Fund Operations 2010 2011 2012 2013 2014 Operating Revenue 162,382 $ 163,012 $ 162,492 $ 169,197 $ 187,630 $ Operating Expense 148,627 186,991 173,308 252,779 169,664 Operating Income (Loss)13,755 (23,979) (10,816) (83,582) 17,966 Net Nonoperating Revenue (Expense)18,259 16,533 8,414 (55,253) 5,100 Net Income (Loss)32,014 $ (7,446)$ (2,402)$ (138,835)$ 23,066 $ Net Income (Loss) as a Percent of Operating Revenue 20%-5%-1% -82%12% State-Wide Average N/A N/A N/A N/A N/A Street Lights Enterprise Fund Operations 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 17 PER CAPITA REVENUES AND EXPENDITURES Below is a chart of the per capita trends in selected revenue and expenditure line items. In 2014, the intergovernmental revenue decreased per capita due to the City receiving disaster aid for a storm in 2013. Since 2010 when property tax revenue received per capita increased as the cost of funding City services shifted from state to local, property taxes per capital has remained consistent. Current expenditures per capita have remained relatively consistent in the five years presented. Total expenditures per capita increased in 2014 due to an increase in debt services and capital outlay expenditures. 2010* 2011** 2012** 2013*** 2014**** Intergovernmental Revenues Per Capita 137 $ 178 $ 113 $ 136 $ 129 $ Property Taxes Per Capita *****415 421 421 414 410 Total Revenue Per Capita 811 878 849 856 836 Expenditures Per Capita (Less Debt Service and Capital)588 572 549 564 595 Total Expenditures Per Capita 871 882 959 977 1,038 Population 22,151 22,168 22,168 22,417 22,645 * 2010 per capita data uses the 2010 Census data from Metropolitan Council ** 2011 and 2012 per capital data uses 2011 population forecast from the Metropolitan Council *** 2013 per capita data uses 2012 population forecast from the Metropolitan Council **** 2014 per capita uses 2013 population forecast from Metropolitan Council ***** Property taxes exclude tax increments Per Capita Trends 7.2 CITY OF CRYSTAL FINANCIAL ANALYSIS December 31, 2014 18 TAX CAPACITY, CERTIFIED TAX LEVY, AND CITY TAX RATE The chart below graphs the tax capacity, certified tax levy and City tax rate for 2010 through 2014. The tax capacity is based on total tax capacity, prior to adjustments for captured Tax Increment Financing (TIF) and fiscal disparities. The certified tax levy amount is also prior to fiscal disparity adjustments. With market values starting to rebound, the City’s tax capacity declined slightly from 2013 to 2014 by $ 26,986, or 0.2%. With tax capacity and tax levying remaining relatively flat, the City’s tax capacity rate decreased to 54.8%. $18,672,712 $16,778,719 $14,790,239 $13,207,528 $13,180,542 $9,372,802 $8,988,829 $8,792,834 $8,713,272 $8,800,325 42.9% 47.4% 51.3%56.2%54.8% -5% 5% 15% 25% 35% 45% 55% 65% $- $3,000,000 $6,000,000 $9,000,000 $12,000,000 $15,000,000 $18,000,000 $21,000,000 $24,000,000 2010 2011 2012 2013 2014 C i t y T a x R a t e Ta x C a p a c i t y / C e r t i f i e d T a x L e v y Tax Capacity, Certified Levy and City Tax Rate Tax Capacity Certified Tax Levy City Tax Rate * Tax capacity and city tax rate obtained from the League of Minnesota Cities 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 19 Executive Summary The following is an executive summary of financial and business related updates to assist you in staying current on emerging issues in accounting and finance. This summary will give you a preview of the new standards that have been recently issued and what is on the horizon for the near future. The most recent and significant updates include:  Internal Control Integrated Framework – COSO has issued an updated integrated framework for internal control. The update is expected to make the integrated internal control framework easier to use and apply. In addition, the update takes into account globalization of businesses today and its interdependence on technology. The updated framework superseded the original framework beginning January 1, 2015.  Accounting Standard Update – Accounting for Pensions – Governmental Accounting Standards Board (GASB) has issued new statements relating to accounting and disclosures for pension. The new statements require governments providing defined benefit pensions to recognize their long-term obligation for pension benefits as a liability. In addition, the statement includes new requirements for required supplementary information and more extensive footnote disclosures.  Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards – The Office of Management and Budget (OMB) issued grant reform rules on December 23, 2013. This reform streamlines the language from eight existing OMB Circulars (listed below) into one consolidated set of guidance, in the code of Federal regulations, known as the “Super Circular”. The following are extensive summaries of each of the current updates. As your continued business partner, we are committed to keeping you informed of new and emerging issues. We are happy to discuss these issues with you further and their applicability to your City COSO PROJECT – INTERNAL CONTROL INTEGRATED FRAMEWORK In 1992, the Committee on Sponsoring Organizations of the Treadway Commission (COSO) developed an internal control framework that has been adopted and used by entities worldwide. In 2013, COSO finalized and released an updated integrated internal control framework. The update is expected to make the integrated framework easier to use and apply. In addition, the update takes into account, the business environment of today and the reliance on and interdependence of technology within business systems. The internal control update is not changing the core definition of internal control, the three categories of objectives or the five components of internal control. COSO defines internal control as a process, affected by an entity’s board of directors, management and other personnel. This process is designed to provide reasonable assurance regarding the achievement of the three objectives, as follows: effectiveness and efficiency of operations; reliability of financial reporting; and compliance with applicable laws and regulations. 1. Internal control is a process. It is a means to an end, not an end in itself. 2. Internal control is not merely documented by policy manuals and forms. Rather, it is put in by people at every level of an organization. 3. Internal control can provide only reasonable assurance, not absolute assurance, to an entity’s management and board. 4. Internal control is geared to the achievement of objectives in one or more separate but overlapping categories. 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 20 COSO PROJECT – INTERNAL CONTROL INTEGRATED FRAMEWORK (CONTINUED) The five components of internal control, which are unchanged, are as follows: 1. Control Environment - integrity, ethics, management style, etc. 2. Risk Assessment - identification and analysis of relevant risks 3. Control Activities - policies, procedures and activities, including segregation of duties 4. Information and Communication - ensure information effectively flows up, down and across the organization, both internally and externally 5. Monitoring Activities - assessment of the systems performance over time The updated framework has changed to address the changes in business and operating environments, such as globalization of markets and operations, greater complexities in businesses, reliance on evolving technologies and expectations relating to preventing and detecting fraud. In addition, principles of effective internal controls have been added to each of the components of internal control as follows: Control Environment: 1. Demonstrates a commitment to integrity and ethical values. 2. The board of directors is independent from management and exercises oversight responsibility of the performance of internal controls. 3. Management establishes structure, reporting lines, authority and responsibility. 4. Demonstrates a commitment to attract, develop and retain competent individuals. 5. Enforces accountability for individual’s internal control responsibilities. Risk Assessment: 6. Specifies suitable objectives with sufficient clarity. 7. Identifies and analyzes risk as a basis for how risks should be managed. 8. Assesses the potential for fraud risk. 9. Identifies and analyzes significant changes that could impact the system of internal controls. Control Activities: 10. Selects and develops control activities that contribute to the mitigation of risks. 11. Selects and develops general controls over technology. 12. Deploys control activities through policies that establish what is expected and procedures that put policies into place. Information and Communication: 13. Uses relevant information to support the functioning of other components of internal control. 14. Communicates information internally, including objectives and responsibilities necessary to support the internal controls. 15. Communicates with external parties regarding matters affecting internal control. Monitoring Activities: 16. Conducts ongoing and/or separate evaluations to ascertain whether the components of internal control are present and functioning. 17. Evaluates and communicates deficiencies to those parties responsible for corrective actions. The updated framework also has additional examples relevant to operation, compliance and reporting objectives added. 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 21 COSO PROJECT – INTERNAL CONTROL INTEGRATED FRAMEWORK (CONTINUED) While COSO integrated internal control framework is very extensive, this is only a short summary of some of the changes of the updated framework. The updated framework superseded the original framework beginning January 1, 2015. ACCOUNTING STANDARD UPDATE – ACCOUNTING FOR PENSIONS GASB Statement No. 68 replaces the requirements of Statement No. 27, Accounting for Pensions by State and Local Governmental Employers and Statement No. 50, Pension Disclosures, as they relate to governments that provide pensions through pension plans administered as trusts or similar arrangements that meet certain criteria. Statement No. 68 requires governments providing defined benefit pensions to recognize their long-term obligation for pension benefits as a liability for the first time, and to more comprehensively and comparably measure the annual costs of pension benefits. GASB Statement No. 71 – Pension Transition for Contributions Made Subsequent to the Measurement Date – is an amendment of GASB No. 68. • GASB 68 will require presentation of the local government’s proportionate share of the pension plan’s Net Pension Liability to be reported on the government-wide statement of net position and the proprietary fund statements of net position – based on last year’s employer contributions • The Net Pension Liability is measured as the total pension liability less the amount of the pension plan’s fiduciary net position – Public Employee Retirement Association (PERA) currently estimating this around $6 – 7 billion each • Governmental Funds will present pension expenditures equal to the total of 1) amounts paid by employer to the pension plan and 2) the change between the beginning and ending balances of amounts normally expected to be liquidated with expendable available financial resources (i.e. No Change) • PERA has been proactive in steps toward implementation and the outlook for reporting to members appears good, based on current plans - the hope is that most of the implementation will be a “plug-in” of PERA generated data • PERA has a June 30 fiscal year-end – this is the measurement date you will utilize for your presentation in your June 30 financial statements twelve months subsequent to that date • Other Deferred Inflows/Outflows will include: differences between expected and actual economic experience and investment earnings, changes in assumptions and changes in employer proportion and difference between contributions and proportionate share of pension expense • Required Supplementary Information will be two separate schedules – Schedule of Changes in Net Pension Liability and Related Ratios & Schedule of Contributions - 10-year presentation for each with notes • GASB 71 clarifies that in the year of implementation you must determine the deferred outflows associated with pension contributions made subsequent to the measurement date – even if it is not practical to determine the other deferred inflows and outflows 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 22 ACCOUNTING STANDARD UPDATE – ACCOUNTING FOR PENSIONS (CONTINUED) PERA Plan: • Perform annual actuarial valuations to determine funded status and liabilities • Require plan actuary to calculate collective amount of items requiring deferred treatment • Engage external auditor or audit actuarial census data and schedule of employer’s proportionate share • Communicate results to the local governments/school districts • Provide RSI and suggested footnotes Local Impacts: • Your City’s proportionate share of the plan’s net pension liability will be recognized as a liability on your city’s government-wide statements. As of December 31, 2014, PERA has estimated the liability for your city to be $ 3,631,167 based on the total unfunded liability as of their June 30, 2014 year end. • Expenditures will continue to be tracked in the fund statements for your statutory contributions, but a reconciling item will be needed to adjust these contributions with your government-wide expenses which will be represented by the change in the net pension liability • As a result, your financial statements/financial position will be immediately impacted by funding shortfalls at the pension plan • Additional RSI presenting 10 years of information regarding net pension liability, required & actual contributions and related ratios • Adds more extensive note disclosures, including sensitivity analysis of investment return assumption • Requires employer to track annual balances of deferred outflows of resources and inflows of resources. • Must describe signification assumptions and other inputs used to measure total pension liability. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS The Office of Management and Budget (OMB) issued grant reform rules on December 23, 2013. This uniform grant guidance streamlines Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. Effective Dates Federal agencies must implement the requirements to be effective by December 26, 2014. Non-federal entities will need to implement the new Administrative Requirements and Cost Principles for all new Federal Awards made after December 26, 2014. Audit Requirements are effective for fiscal years beginning on or after December 26, 2014. 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 23 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS (CONTINUED) Objective of OMB Grant Reform This reform streamlines the language from eight existing OMB Circulars into one consolidated set of guidance, in the code of Federal regulations, known as the “Super Circular”. The objective of the grant reform is to reduce administrative burden for non-federal entities receiving Federal Awards while reducing the risk of waste, fraud and abuse by: 1. Eliminating duplicative and conflicting guidance 2. Focusing on performance over compliance for accountability 3. Encouraging efficient use of information technology and shared services 4. Providing for consistent and transparent treatment of costs 5. Limiting allowable costs to make the best use of federal resources 6. Setting standard processes using data definitions 7. Encouraging non-federal entities to have family friendly policies 8. Strengthening oversight 9. Targeting audit requirements on risk of waste, fraud and abuse This grant reform complements targeted efforts by OMB and a number of Federal agencies to reform overall approaches to grant-making by implementing innovative, outcome-focused grant making decisions and processes in collaboration with their non-federal partners. Administrative Requirements – Subpart A-D of Federal Register Following are some of the notable items in the updated Administrative Requirements.  Must is defined as required  Should is defined as best practice or recommended approach  The term “vendor” is no longer used and was replaced with the term “contractor” (Section 200.23)  Personally Identifiable Information (PII) and Protected Personally Identifiable Information (PPII) are defined (Sections 200.79 and 200.82)  Fixed amount awards focused on meeting performance milestones (Section 200.201)  Emphasis on performance goals and performance reporting (Section 200.301)  Defined that computers are considered supplies, not equipment (Section 200.940) Flexibility in electronic documentation retention, with associated internal controls (Section 200.335) Internal Controls (Section 200.303) Internal controls should comply with:  “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO)  Federal statutes, regulations and terms and conditions of the Federal award Internal controls must:  Evaluate and monitor compliance  Take prompt action for noncompliance  Take reasonable measures to safeguard PPII and other sensitive information 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 24 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS (CONTINUED) Procurement Standards (Sections 200.317 through 200.326) Guidelines provide five different procurement methods  Micro-purchases  Small purchases  Sealed bids  Competitive proposals  Noncompetitive proposals Entities must have a documented procurement policy, written standards of conduct covering organizational conflicts of interest and must maintain oversight to ensure that contractors perform in accordance with the terms, conditions and specifications of their contracts or purchase orders. Subrecipient Monitoring (Sections 200.330 through 200.332 and 200.521) The pass-through entity must clearly identify the agreements as a subaward and must provide up to 13 different award identification pieces of information within the contract. There are also other required disclosures described for all requirements imposed by the pass-through entity on the subrecipient, indirect cost rate, allowing access to records, etc. An evaluation of each subrecipients risk of noncompliance is also required. Cost Principles – Subpart E of Federal Register Following are some of the notable items in the updated Cost Principles. Indirect/Direct Costs (Sections 200.413-200.414)  Salaries of administrative or clerical staff could be directly charged to a federal program if they meet certain conditions.  Any non-federal entity that has never negotiated an indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs which may be used indefinitely  Federally negotiated indirect cost rates must be accepted by all federal awarding agencies (usually). Any non-federal entity that has a federally negotiated indirect cost rate may apply for a one-time extension of a current negotiated indirect cost rates for a period of up to four years. Time and Effort Reporting (Section 200.430) Charges to Federal Awards must be based on records that accurately reflect the work performed.  Records are to be supported by a system of internal controls which provides reasonable assurance that the charges are accurate, allowable and properly allocated  There is flexibility in process used to meet those standards  Personnel activity reports not specifically required  Maintained budget estimates may be used for interim accounting purposes, provided that, the non-federal entity’s system of internal controls includes processes to review after-the- fact interim charges made to a Federal Award based on budget estimates to ensure adjustments are made so final amounts to Federal Awards are proper. 7.2 CITY OF CRYSTAL EMERGING ISSUES December 31, 2014 25 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS (CONTINUED) Audit Requirements – Subpart F of Federal Register Following are some of the notable items in the updated Audit Requirements.  Single Audit threshold raised from $ 500,000 in Federal Awards per year to $ 750,000 in Federal awards per year  Major program determination changes include:  Type A/B program threshold is a sliding scale with a minimum of $ 750,000  Percentage of coverage rule changes to 40% (50% currently) for non-low risk auditees and 20% (25% currently) for low risk auditees  Updated criteria for a low-risk auditee  Going concern is incorporated  Cognizant/oversight agency can no longer waive exception  Reporting for questioned costs threshold raised from $ 10,000 to $ 25,000 Other Items of Interest  List of items requiring prior written approval (Section 200.407)  Advertising and public relations clarified, include program outreach (Section 200.421)  Conference spending clarified (Section 200.432)  Employee “morale” costs eliminated (Section 200.437) Example of Strategy to Implement OMB Grant Reform Changes 1. Understand grant reform changes 2. Assign an internal expert who will be responsible for leading effort (time, resources and availability) 3. Establish a team and include those in program, financial and budget sides of federal grant management 4. Develop a plan and concentrate on areas of most significance first 5. Obtain approval from management and those charged with governance as it relates to policy changes 6. Attain/Provide training on new requirements and new entity specific policies and procedures 7. Monitor plan and focus on areas of most significant change Additional Resources on OMB Grant Reform  OMB Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards  (https://www.federalregister.gov/articles/2013/12/26/2013-30465/uniform- administrative-requirements-cost-principles-and-audit-requirements-for-federal-awards)  COFAR FAQS  (https://cfo.gov/wp-content/uploads/2013/01/2-C.F.R.-200-FAQs-2-12-2014.pdf)  (https://cfo.gov/wp-content/uploads/2014/08/2014-08-29-Frequently-Asked- Questions.pdf)  OMB Policy Statements (http://www.whitehouse.gov/OMB/grants_docs) 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.3 7.3 Extract of Minutes of Meeting of the City Council of the City of Crystal, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Crystal, Minnesota, was duly held in the City Hall in said City on Tuesday, June 16, 2015, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City’s General Obligation Improvement Bonds, Series 2015A, in the original aggregate principal amount of $_______. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached. After due consideration of the proposals, Member ____________________ then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 7.3 RESOLUTION NO. ______ A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2015A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $_______; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Crystal, Hennepin County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds. 1.01. Authorization. Pursuant to a resolution adopted by the City Council of the City on May 19, 2015, the City provided preliminary approval to issue and sell its General Obligation Improvement Bonds, Series 2015A (the “Bonds”), pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”), in order to finance certain assessable public improvements designated as the Phase 14 Street Reconstruction Project, including but not limited to street reconstruction, gravel base, concrete curb and gutter, boulevard restoration, and bituminous surfacing and drain tile, rain garden, storm sewer, and sidewalk construction (collectively, the “Improvements”). 1.02. Award to the Purchaser and Interest Rates. The proposal of ____________ (the “Purchaser”) to purchase the Bonds of the City described in the Terms of Proposal thereof is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $___________ (par amount of $_______, [plus original issue premium of $_______,] [less original issue discount of $________,] less underwriter’s discount of $______), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2017 % 2025 % 2018 2026 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 1.03. Purchase Contract. The amount proposed by the Purchase in excess of the minimum bid shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Director of the City in consultation with the City’s municipal advisor. The Finance Director is directed to deposit the good faith check or deposit of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith deposits of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 7.3 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $_______, originally dated July 16, 2015, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2017 $ 2025 $ 2018 2026 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 1.05. Optional Redemption. The City may elect on February 1, 2025, and on any day thereafter to prepay Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Mandatory Redemption; Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2016, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. 7.3 (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of 7.3 the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of Bonds. The Bonds will be printed or typewritten in substantially the form attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. 7.3 Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds are payable from the General Obligation Improvement Bonds, Series 2015A Debt Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of special assessments levied or to be levied (the “Assessments”) for the Improvements described in Section 1.01 hereof are hereby pledged to the Debt Service Fund. There is hereby appropriated to the Debt Service Fund (i) any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent deposited therein, in accordance with Section 1.03 hereof; and (ii) capitalized interest. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01, together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements, will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.03. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2016 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) One hundred percent (100%) of the cost of the assessable Improvements described herein will be specially assessed against benefited properties. 4.04. Debt Service Coverage. It is hereby determined that the estimated collection of Assessments for the payment of principal and interest on the Bonds will produce at least five percent (5%) in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 7.3 4.05. General Obligation Pledge. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay the principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments when collected. 4.06. Certificate of Taxpayer Services Division Manager as to Registration. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County, Minnesota, and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager, and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, unless either: (a) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during 2015 does not exceed $5,000,000, within the meaning of Section 148(f)(4)(D) of the Code; or (b) the Bonds are otherwise eligible for an exemption from rebate under one of the exceptions provided in Section 148(f)(4)(B) and (C) of the Code and applicable Treasury Regulations. 7.3 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b) the City designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds which are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2015 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2015 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest 7.3 on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may 7.3 discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 7.3 The motion for the adoption of the foregoing resolution was duly seconded by Member _________________________, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7.3 EXHIBIT A PROPOSALS 7.3 EXHIBIT B FORM OF BOND No. R-_____ UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2015A Rate Maturity Date of Original Issue CUSIP % February 1, 20__ July 16, 2015 Registered Owner: Cede & Co. The City of Crystal, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $_______ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2016, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2025, and on any day thereafter to prepay Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $_______ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 16, 2015 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, 7.3 pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: July 16, 2015 CITY OF CRYSTAL, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager _________________________________ 7.3 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative _________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. 7.3 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee ________________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 7.3 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF CRYSTAL ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Crystal, Hennepin County, Minnesota (the “City”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 16, 2015, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City’s General Obligation Improvement Bonds, Series 2015A, in the original aggregate principal amount of $_______. WITNESS My hand officially as such City Clerk and the corporate seal of the City this _____ day of ____________, 2015. City Clerk City of Crystal, Minnesota (SEAL) 7.3 STATE OF MINNESOTA COUNTY OF HENNEPIN CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Crystal, Minnesota (the “City”), on June 16, 2015, relating to the City’s General Obligation Improvement Bonds, Series 2015A, dated July 16, 2015, in the original aggregate principal amount of $_______, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this ____ day of __________, 2015. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) Deputy County Auditor 7.3 ________________________________ * Preliminary; subject to change. Th e i n f o r m a t i o n c o n t a i n e d i n t h i s P r e l i m i n a r y O f f i c i a l S t a t e m e n t i s d e e m e d b y t h e Ci t y to b e f i n a l a s o f t h e d a t e h e r e o f ; h o w e v e r , t h e p r i c i n g a n d u n d e r w r i t i n g i n f o r m a t i o n i s s u b j e c t t o c o m p l e t i o n o r a m e n d m e n t . Un d e r n o c i r c u m s t a n c e s s h a l l t h i s P r e l i m i n a r y O f f i c i a l S t a t e m e n t c o n s t i t u t e a n o f f e r t o s e l l o r t h e s o l i c i t a t i o n o f a n o f f e r to b u y, n o r s h a l l t h e r e b e a n y s a l e o f t h e s e s e c u r i t i e s i n a n y j u r i s d i c t i o n i n w h i c h s u c h o f f e r , so l i c i t a t i o n o r s a l e w o u l d b e u n l a w f u l p r i o r t o r e g i s t r a t i o n o r q u a l i f i c a t i o n u n d e r t h e s e c u r i t i e s l a w s o f a n y s u c h j u r i s d i c t io n . PRELIMINARY OFFICIAL STATEMENT DATED MAY 29, 2015 NEW ISSUE Moody’s Rating: Requested BANK QUALIFIED In the opinion of Kennedy & Graven, Chartered, Bond Counsel, based on present federal and Minnesota laws, regulations, rulings and decisions, and assuming compliance with certain covenants, interest on the Bonds is excluded from gross income for federal income tax purposes and, to the same extent, from taxable net income of individuals, estates and trusts for Minnesota income purposes, and is not a preference item for purposes of computing the federal alternative minimum tax or the Minnesota alternative minimum tax imposed on individuals, trusts, and estates. Such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income. No opinion will be expressed by Bond Counsel regarding other state or federal tax consequences caused by the receipt or accrua l of interest on the Bonds or arising with respect to ownership of the Bonds. See “TAX EXEMPTION” and “OTHER FEDERAL TAX CONSIDERATIONS” herein for additional information. $2,620,000* City of Crystal, Minnesota General Obligation Improvement Bonds, Series 2015A (the “Bonds”) (Book Entry Only) Dated Date: Date of Delivery Interest Due: Each February 1 and August 1, commencing February 1, 2016 The Bonds will mature February 1 in the years and amounts* as follows: 2017 $230,000 2018 $200,000 2019 $195,000 2020 $190,000 2021 $185,000 2022 $180,000 2023 $175,000 2024 $170,000 2025 $170,000 2026 $165,000 2027 $160,000 2028 $155,000 2029 $150,000 2030 $150,000 2031 $145,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. The City may elect on February 1, 2025, and on any day thereafter, to prepay Bonds due on or after February 1, 2026 at a price of par plus accrued interest. The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance street improvement projects within the City. Proposals shall be for not less than $2,593,800 plus accrued interest, if any, on the total principal amount of the Bonds. Proposals shall specify rates in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Following receipt of proposals, a good faith deposit will be required to be delivered to the City by the lowest bidder as described in the “Terms of Proposal” herein. Award of the Bonds will be made on the basis of True Interest Cost (TIC). The City will designate the Bonds as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”). DTC will act as securities depository for the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (See “Book Entry System” herein.) U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the “Registrar”) for the Bonds. The Bonds will be available for delivery at DTC on or about July 16, 2015. PROPOSALS RECEIVED: June 16, 2015 (Tuesday) until 10:30 A.M., Central Time AWARD: June 16, 2015 (Tuesday) at 7:00 P.M., Central Time Further information may be obtained from SPRINGSTED Incorporated, Municipal Advisor to the City, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101-2887 (651) 223-3000. 7.3 CITY OF CRYSTAL, MINNESOTA CITY COUNCIL Jim Adams Mayor Laura Libby Council Member Elizabeth Dahl Council Member Jeff Kolb Council Member Olga Parsons Council Member Casey Peak Council Member Julie Deshler Council Member CITY MANAGER Anne Norris FINANCE DIRECTOR/TREASURER Charles Hansen MUNICIPAL ADVISOR Springsted Incorporated St. Paul, Minnesota BOND COUNSEL Kennedy & Graven, Chartered Minneapolis, Minnesota 7.3 For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the City from time to time, may be treated as a Preliminary Official Statement with respect to the Bonds described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the City. By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded copies of the Final Official Statement in the amount specified in the Terms of Proposal. No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations with respect to the Bonds, other than as contained in the Preliminary Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. Certain information contained in the Preliminary Official Statement or the Final Official Statement may have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE PRELIMINARY OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE PRELIMINARY OFFICIAL STATEMENT NOR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE RESPECTIVE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Preliminary Official Statement or the Final Official Statement, they will be furnished upon request. Any CUSIP numbers for the Bonds included in the Final Official Statement are provided for convenience of the owners and prospective investors. The CUSIP numbers for the Bonds are assigned by an organization unaffiliated with the City. The City is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Bonds or as set forth in the Final Official Statement. No assurance can be given by the City that the CUSIP numbers for the Bonds will remain the same after the delivery of the Final Official Statement or the date of issuance and delivery of the Bonds. 7.3 TABLE OF CONTENTS Page(s) Terms of Proposal .............................................................................................................................. i-iv Introductory Statement ....................................................................................................................... 1 Continuing Disclosure ....................................................................................................................... 1 The Bonds .......................................................................................................................................... 2 Authority and Purpose ....................................................................................................................... 4 Sources and Uses of Funds ................................................................................................................ 4 Security and Financing ...................................................................................................................... 5 Future Financing ................................................................................................................................ 5 Litigation ............................................................................................................................................ 5 Legality .............................................................................................................................................. 5 Tax Exemption ................................................................................................................................... 5 Other Federal Tax Considerations ..................................................................................................... 6 Bank-Qualified Tax-Exempt Obligations .......................................................................................... 7 Rating ................................................................................................................................................. 8 Municipal Advisor ............................................................................................................................. 8 Certification ....................................................................................................................................... 8 City Property Values .......................................................................................................................... 9 City Indebtedness ............................................................................................................................... 10 City Tax Rates, Levies and Collections ............................................................................................. 13 Cash and Investments ........................................................................................................................ 14 General Information Concerning the City ......................................................................................... 15 Governmental Organization and Services .......................................................................................... 20 Proposed Form of Legal Opinion ............................................................................................ Appendix I Continuing Disclosure Certificate ............................................................................................ Appendix II Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation ..................................................................................... Appendix III Excerpt of 2013 Comprehensive Annual Financial Report ..................................................... Appendix IV 7.3 ________________________________ * Preliminary; subject to change. - i - THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,620,000* CITY OF CRYSTAL, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2015A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, June 16, 2015, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all proposals submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of proposal conflict with information provided by PARITY®, this Terms of proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 7.3 - ii - DETAILS OF THE BONDS The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2016. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2017 $230,000 2018 $200,000 2019 $195,000 2020 $190,000 2021 $185,000 2022 $180,000 2023 $175,000 2024 $170,000 2025 $170,000 2026 $165,000 2027 $160,000 2028 $155,000 2029 $150,000 2030 $150,000 2031 $145,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify “Years of Term Maturities” in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2025, and on any day thereafter, to prepay Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance street improvement projects within the City. 7.3 - iii - BIDDING PARAMETERS Proposals shall be for not less than $2,593,800 plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $26,200 (the “Deposit”) no later than 1:30 P.M., Central Time on the day of sale. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier’s check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of their Deposit whether by check or wire transfer. Neither the City nor Springsted Incorporated have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Certified or Cashier’s Check. A Deposit made by certified or cashier’s check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the specified time. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted Incorporated following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the “purchaser”) will be retained by the City and no interest will accrue to the purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder’s proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the 7.3 - iv - municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about July 16, 2015, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law. By awarding the Bonds to an underwriter or underwriting syndicate, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the sole underwriter or to the senior managing underwriter of the syndicate (the “Underwriter” for purposes of this paragraph) to which the Bonds are awarded up to 25 copies of the Final Official Statement. The City designates the Underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 19, 2015 BY ORDER OF THE CITY COUNCIL /s/ Christina Serres City Clerk 7.3 ____________________________ * Preliminary; subject to change. - 1 - OFFICIAL STATEMENT $2,620,000* CITY OF CRYSTAL, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2015A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Crystal, Minnesota (the “City”) and its issuance of $2,620,000* General Obligation Improvement Bonds, Series 2015A (the “Bonds”). The Bonds are general obligations of the City for which it pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties for repayment of the Bonds. Inquiries may be directed to Mr. Charles Hansen, Finance Director/Treasurer, City of Crystal, 4141 Douglas Drive North, Crystal, Minnesota 55422-1696, by telephoning (763) 531-1000, or by e- mailing Charles.Hansen@crystalmn.gov. Inquiries may also be made to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101-2887, by telephoning (651) 223-3000, or by e- mailing bond_services@springsted.com. CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission, pursuant to the Securities Exchange Act of 1934, as the same may be amended from time to time, and official interpretations thereof (the “Rule”), pursuant to the resolution awarding the sale of the Bonds (the “Award Resolution”), the City has entered into an undertaking (the “Undertaking”) for the benefit of holders including beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to the Electronic Municipal Market Access system (“EMMA”) annually, and to provide notices of the occurrence of certain events enumerated in the Rule to EMMA or the Municipal Securities Rulemaking Board (“MSRB”). The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events is set forth in the Continuing Disclosure Certificate to be executed and delivered by the City at the time the Bonds are delivered in substantially the form attached hereto as Appendix II. To the best of its knowledge, the City has complied for the past five years in all material respects in accordance with the terms of its previous continuing disclosure undertakings entered into pursuant to the Rule. In the interest of full disclosure, the City notes the following:  On April 16, 2010, Moody’s released a rating of the City’s then outstanding general obligation debt (CUSIP 229345) in connection with its Global Scale recalibration of ratings. At the time, Moody’s indicated that “these rating changes are not credit actions, do not reflect any change in our assessment of the intrinsic creditworthiness of the securities and are not upgrades of individual ratings.” The City did not file an event notice of the rating recalibration. 7.3 - 2 -  Within the past five years, Moody’s Investors Service has changed the credit ratings of certain municipal bond insurance firms, which resulted in the change of the insured ratings of certain debt issues of the City. Material event notices regarding certain insurance rating changes have not been filed; however, the information was publicly available through other sources. The insured ratings are currently at a level below that of the underlying rating of the City. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders will have any available remedy at law or in equity). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. THE BONDS General Description The Bonds are dated as of the date of delivery and will mature annually on February 1 as set forth on the front cover of this Official Statement. The Bonds are issued in book entry form. Interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2016. Interest will be payable to the holder (initially Cede & Co.) registered on the books of the Registrar as of the fifteenth day of the calendar month next preceding such interest payment date. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Principal of and interest on the Bonds will be paid as described in the section herein entitled “Book Entry System.” U.S. Bank National Association, St. Paul, Minnesota will serve as Registrar for the Bonds, and the City will pay for registrar services. Redemption Provisions Thirty days’ written notice of redemption shall be given to the registered owner(s) of the Bonds. Failure to give such written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Optional Redemption The City may elect on February 1, 2025, and on any day thereafter, to prepay Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all the Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Book Entry System The Depository Trust Company (“DTC”), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. 7.3 - 3 - DTC is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries)that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Secu rities Clearing Corporation, and Fixed Income Clearing Corporation all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ recor ds. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of the Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. 7.3 - 4 - Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or its agent on the payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or its agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to City or its agent. Under such circumstances, in the event that a successor depository is not obtained, certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. The proceeds of the Bonds, along with prepaid special assessments, will be used to finance street improvement projects within the City. SOURCES AND USES OF FUNDS The composition of the Bonds is estimated to be as follows: Sources of Funds: Principal Amount $2,620,000 Prepaid Assessments 444,062 Total Sources of Funds $3,064,062 Uses of Funds: Deposit to Construction Fund $2,960,416 Capitalized Interest 24,495 Costs of Issuance 52,951 Allowance for Discount Bidding 26,200 Total Uses of Funds $3,064,062 7.3 - 5 - SECURITY AND FINANCING The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City pledges special assessments against benefited properties for repayment of the Bonds. Special assessments in the principal amount of approximately $2,960,416 are expected to be filed on or about October 1, 2015 for first collection in 2016. The City anticipates receiving prepayments of approximately $444,062. The remaining assessments in the amount of $2,516,354 will be collected over a term of 15 years with equal annual payments of principal. Interest on the unpaid balance will be charged at an interest rate of 4.50%. Capitalized interest has been included in the par amount of the Bonds to make the interest payment due on February 1, 2016. Thereafter, each year’s collection of special assessments , if collected in full, will be sufficient to pay 105% of the debt service due on the Bonds in each year. The City does not anticipate the need to levy taxes for repayment of the Bonds. FUTURE FINANCING The City does not anticipate issuing any additional long-term general obligation debt within the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Kennedy & Graven, Chartered of Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify any of the financial or statistical statements or data contained in this Official Statement and will express no opinion with respect thereto. A legal opinion in substantially the form set out in Appendix I herein will be delivered at closing. TAX EXEMPTION In the opinion of Kennedy & Graven, Chartered, Bond Counsel, under federal and Minnesota laws, regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest on the Bonds is excludable from gross income for federal income tax purposes, and, to the same extent, from taxable net income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the Bonds is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as amended (the “Code”), however, impose continuing requirements that must be met after the issuance of the Bonds in order for 7.3 - 6 - interest thereon to be and remain excludable from federal gross income and, to the same extent, from Minnesota taxable net income. Noncompliance with such requirements by the City may cause the interest on the Bonds to be includable in gross income for purposes of federal income taxation and, to the same extent, includable in taxable net income for purposes of Minnesota income taxation, retroactive to the date of issuance of the Bonds, irrespective in some cases of the date on which such noncompliance is ascertained. No provision has been made for redemption of Bonds or for an increase in the interest rate on the Bonds in the event that interest on the Bonds becomes includable in federal gross income or Minnesota taxable income. Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is includable in adjusted current earnings in determining the federal alternative minimum taxable income of corporations for purposes of the federal alternative minimum tax. Interest on the Bonds may be includable in the income of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code and is includable in the net investment income of foreign insurance companies for purposes of Section 842(b) of the Code. In the case of an insurance company subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be taken into account as losses incurred under Section 832(b)(5) of the Code must be reduced by an amount equal to fifteen percent of the interest on the Bonds that is received or accrued during the taxable year. Section 86 of the Code requires recipients of certain Social Security and railroad retirement benefits to take into account, in determining the taxability of such benefits, receipts or accruals of interest on the Bonds. OTHER FEDERAL TAX CONSIDERATIONS Property and Casualty Insurance Companies Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain obligations, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including “net investment income.” Net investment income includes tax-exempt interest such as interest on the Bonds. Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the “dividend equivalent amount” for the taxable year. The “dividend equivalent amount” is the foreign corporation's “effectively connected earnings and profits” adjusted for increase or decrease in “U.S. net equity.” A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. 7.3 - 7 - Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporation is passive investment income. Financial Institutions Prior to the adoption of the Code, financial institutions were generally permitted to deduct 80% of their interest expenses allocable to the ownership of tax-exempt obligations. Under the Code, financial institutions are generally not entitled to a deduction for tax-exempt obligations purchased after August 7, 1986. However, the City will designate the Bonds as qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Code which permits financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. Future Tax Legislation The exclusion of interest on the Bonds from gross income from federal income tax purposes and the exclusion of interest on the Bonds from the net taxable income of individuals, estates, and trusts for State income tax purposes is not mandated or guaranteed by the United States Constitution or the Minnesota Constitution. Accordingly, federal laws providing that interest on the obligations of the states and the political subdivisions of the states is not includable in gross income for federal income tax purposes and Minnesota laws providing that interest on the obligations of the State is not includable in the net taxable income of individuals, estates, and trusts for State income tax purposes may be subject to change. In the event federal or Minnesota law is amended in a manner that results in interest on the Bonds becoming subject to federal or Minnesota income taxation, or if federal or Minnesota income tax rates are reduced, the market value of the Bonds may be adversely affected. General The preceding is not a comprehensive list of all federal or State tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. 7.3 - 8 - RATING Application for a rating of the Bonds has been made to Moody’s Investors Service (“Moody’s”), 7 World Trade Center, 250 Greenwich Street, 23rd Floor, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody’s. Any explanation of the significance of the rating may be obtained only from Moody’s. There is no assurance that the rating, if assigned, will continue for any given period of time, or that such rating will not be revised, suspended or withdrawn, if, in the judgment of Moody’s, circumstances so warrant. A revision, suspension or withdrawal of a rating may have an adverse effect on the market price of the Bonds. MUNICIPAL ADVISOR The City has retained Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota (“Springsted”), as municipal advisor in connection with certain aspects of the issuance of the Bonds. In preparing this Official Statement, Springsted has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for this Official Statement, and Springsted has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. Springsted is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in this Official Statement in accordance with accounting standards. Springsted is an independent advisory firm, registered as a municipal advisor, and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities. CERTIFICATION The City has authorized the distribution of the Preliminary Official Statement for use in connection with the initial sale of the Bonds and a Final Official Statement following award of the Bonds. The Purchaser will be furnished with a certificate signed by the appropriate officers of the City stating that the City examined each document and that, as of the respective date of each and the date of such certificate, each document did not and does not contain any untrue statement of material fact or omit to state a material fact necessary, in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. 7.3 - 9 - CITY PROPERTY VALUES Trend of Values(a) Assessment/ Assessor’s Market Value Adjusted Collection Estimated Sales Economic Homestead Taxable Taxable Net Year Market Value Ratio(b) Market Value(c) Exclusion Market Value Tax Capacity 2014/15 $1,453,951,700 N/A N/A $155,659,387 $1,293,693,713 $17,570,450 2013/14 1,308,006,500 91.9% $1,423,118,921 168,357,448 1,135,611,852 15,961,560 2012/13 1,311,691,400 97.5 1,347,505,588 170,201,504 1,136,761,834 15,865,985 2011/12 1,457,765,100 104.7 1,392,170,897 N/A 1,292,737,247 17,447,662 2010/11 1,496,063,900 N/A N/A N/A 1,491,193,500 19,379,600 (a) For a description of the Minnesota property tax system, see Appendix III. (b) Sales Ratio Study for the year of assessment as posted by the Minnesota Department of Revenue, http://www.revenue.state.mn.us/propertytax/Pages/statistics-imv.aspx. Prior to 2011/12, a different methodology was used to calculate sales ratios and the economic market value cannot be derived. (c) Economic market values for the year of assessment as posted by the Minnesota Department of Revenue, http://www.revenue.state.mn.us/propertytax/Pages/statistics-imv.aspx. Source: Hennepin County, Minnesota, April 2015, except as otherwise noted. 2014/15 Adjusted Taxable Net Tax Capacity: $17,570,450 Real Estate: Residential Homestead $10,047,180 68.1% Commercial/Industrial and Railroad 3,008,051 20.4 Residential Non-Homestead 1,290,394 8.7 Seasonal Recreational and Other 167,700 1.1 Personal Property 245,178 1.7 2014/15 Net Tax Capacity $14,758,503 100.0% Less: Captured Tax Increment (297,589) Contribution to Fiscal Disparities (1,088,083) Plus: Distribution from Fiscal Disparities 4,197,619 2014/15 Adjusted Taxable Net Tax Capacity $17,570,450 7.3 - 10 - Ten of the Largest Taxpayers in the City 2014/15 Net Taxpayer Type of Property Tax Capacity Crystal Shopping Center Association Shopping Center $ 389,250 Target Corporation Department Store 188,250 Crystal Medical Building LLC Commercial 178,910 SuperValu, Inc. Grocery Store 161,250 Crystal Village Apartments, LLC Apartments 145,575 Individual Apartments 134,525 Calibre Chase Partners LTD Apartments 132,350 Xcel Energy Utility 111,232 Lanel Crystal Estates LLC Apartments 93,875 Industrial Equities Group, LLC Office/Warehouse 93,090 Total $1,628,307* * Represents 9.3% of the City's 2014/15 adjusted taxable net tax capacity. CITY INDEBTEDNESS Legal Debt Limit and Debt Margin* Legal Debt Limit (3% of 2014/15 Estimated Market Value) $43,618,551 Less: Outstanding Debt Subject to Limit (935,000) Legal Debt Margin as of July 16, 2015 $42,683,551 * The legal debt margin is referred to statutorily as the “Net Debt Limit” and may be increased by debt service funds and current revenues which are applicable to the payment of debt in the current fiscal year. NOTES: Certain types of debt are not subject to the legal debt limit. See Appendix III – Debt Limitations. The 2013 Minnesota Legislature clarified the definition of estimated market value and established it as the basis for the calculation of the Net Debt Limit. A large contributing factor to the change was to offset the effect of the Market Value Homestead Exclusion implemented by the 2012 Minnesota Legislature, which had a significant impact on taxable market values. General Obligation Debt Supported Solely by Taxes* Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 7-16-15 9-1-05 $2,395,000 Aquatic Center 2-1-2020 $935,000 * This issue is subject to the legal debt limit. 7.3 - 11 - General Obligation Special Assessment Debt Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 7-16-15 9-1-05 $1,440,000 Improvements 2-1-2021 $ 530,000 6-15-06 1,855,000 Improvements 2-1-2022 775,000 8-1-08 2,190,000 Improvements 2-1-2024 1,190,000 8-1-09 3,360,000 Improvements 2-1-2030 2,385,000 8-1-11 1,705,000 Improvements 2-1-2027 1,285,000 8-1-12 2,635,000 Improvements 2-1-2028 2,200,000 8-1-13 3,235,000 Improvements 2-1-2029 3,020,000 7-16-15 2,620,000 Improvements (the Bonds) 2-1-2031 2,620,000 Total $14,005,000 Estimated Calendar Year Debt Service Payments Including the Bonds G.O. Debt Supported G.O. Special Solely by Taxes Assessment Debt Principal Principal Year Principal & Interest Principal & Interest(a) 2015 (at 7-16) (Paid) $ 18,700 (Paid) $ 173,003 2016 $170,000 204,000 $ 1,125,000 1,502,866 2017 180,000 207,000 1,325,000 1,669,775 2018 185,000 204,700 1,270,000 1,582,789 2019 195,000 207,100 1,230,000 1,510,835 2020 205,000 209,100 1,200,000 1,448,253 2021 1,170,000 1,384,870 2022 1,050,000 1,233,280 2023 930,000 1,085,330 2024 910,000 1,038,774 2025 775,000 879,383 2026 755,000 837,343 2027 730,000 790,206 2028 630,000 669,470 2029 475,000 496,640 2030 285,000 293,610 2031 145,000 146,849 Total $935,000 $1,050,600 $14,005,000(b) $16,743,276 (a) Includes the Bonds at an assumed average annual interest rate of 1.99%. (b) 78.4% of this debt will be retired within ten years. 7.3 - 12 - Overlapping Debt 2014/15 Debt Applicable to Adjusted Taxable Est. G.O. Debt Tax Capacity in City Taxing Unit(a) Net Tax Capacity As of 7-16-15(b) Percent Amount Hennepin County $1,489,879,943 $ 772,785,000 1.2% $ 9,273,420 I.S.D. No. 281 (Robbinsdale) 90,074,826 148,980,000 19.5 29,051,100 Three Rivers Park District 1,079,365,752 54,835,000 1.6 877,360 Hennepin County Regional Railroad Authority 1,489,879,943 36,205,000 1.2 434,460 Metropolitan Council 2,999,061,916(c) 14,500,000(d) 0.6 87,000 Metropolitan Transit 2,381,101,627(c) 247,215,000(e) 0.7 1,730,505 Total $41,453,845 (a) Only those units with outstanding general obligation debt are shown here. (b) Excludes general obligation tax and aid anticipation certificates and revenue-supported debt. (c) 2013/14 adjusted taxable net tax capacity; 2014/15 valuation is not yet available. (d) Excludes general obligation debt supported by wastewater revenues and housing rental payments. Includes certificates of participation. (e) Includes general obligation grant anticipation notes. Debt Ratios G.O. G.O. Direct & Direct Debt Overlapping Debt To 2014/15 Estimated Market Value ($1,453,951,700) 1.03% 3.88% Per Capita - (22,645- 2013 MN Demographer’s Estimate) $660 $2,490 7.3 - 13 - CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a City Resident in I.S.D. No. 281 (Robbinsdale) 2014/15 For 2010/11 2011/12 2012/13 2013/14 Total Debt Only Hennepin County 45.840% 48.231% 49.461% 49.959% 46.398% 5.555% City of Crystal(a) 48.764 52.929 57.630 56.015 50.498 - 0 - I.S.D. No. 281 (Robbinsdale)(b) 34.387 32.810 32.347 34.777 33.226 17.953 Special Districts(c) 9.172 9.523 10.089 10.588 9.785 3.155 Total 138.163% 143.493% 149.527% 151.339% 139.907% 26.663% (a) In addition, the City has a 2014/15 market value tax rate of 0.01460% spread across the market value of property in support of debt service. (b) In addition, Independent School District No. 281 (Robbinsdale) has a 2014/15 market value tax rate of 0.28484% spread across the market value of property in support of an excess operating levy. (b) Special districts include the Metropolitan Council, Metropolitan Transit District, Mosquito Control District, Hennepin County Park Museum, Hennepin County Regional Railroad Authority, Three Rivers Parks District, and Hennepin County Housing and Redevelopment Authority. NOTE: Taxes are determined by multiplying the net tax capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. This table does not include the market value based rates. See Appendix III. Tax Levies and Collections Collected During Collected and/or Abated Net Collection Year as of 1-1-15 Levy/Collect Levy* Amount Percent Amount Percent 2014/15 $9,074,380 (In Process of Collection) 2013/14 9,214,123 $9,144,399 99.2% $9,144,400 99.2% 2012/13 9,158,455 9,090,927 99.3 9,125,987 99.6 2011/12 9,274,504 9,140,131 98.6 9,245,713 99.7 2010/11 8,910,259 8,780,526 98.5 8,893,058 99.8 * The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing tax capacity rates. See Appendix III. 7.3 - 14 - CASH AND INVESTMENTS As of March 31, 2015 Fund Cash and Investments General $ 5,497,332 Special Revenue 4,871,168 Debt Service: G.O. Debt Supported by Taxes 268,315 G.O. Debt Supported by Special Assessments 3,813,881 Capital Projects 22,711,680 Internal Service 828,532 Enterprise 6,811,017 Trust and Agency 1,984,190 Total $46,786,115 City Investments The City may invest idle funds in accordance with its investment policy and as authorized by Minnesota Statutes Chapter 118A, as amended. These securities include:  United States treasury issues;  issues of U.S. government agencies and instrumentalities;  general obligations of state and local governments with taxing powers require “A” or better rating by a national bond rating service;  revenue obligations of state and local governments require “AA” or better rating by a national bond rating service;  certificates of deposits issued by U.S. banks fully insured by the federal deposit insurance company or federal agency;  bankers’ acceptances issued by U.S. banks;  commercial paper issued by U.S. corporations or their Canadian subsidiaries with maturities of 270 days or less with rating in the highest quality category by at least two nationally recognized rating agencies;  money market mutual funds; and  government investment pools, including the 4M Fund, the Liquid Asset Fund, MAGIC Fund, and MN Trust. Management of the investment program is the responsibility of the Finance Director, as described in the City Code. The City's investments are managed to attain an average market rate of return while protecting capital. As of March 31, 2015, the City's investments totaled $46,364,600 and were held in the following mix of investment types: 6.0% obligations of government agencies, 59.2% certificates of deposit, 10.4% money market funds, and 24.4% municipal bonds. 7.3 - 15 - GENERAL INFORMATION CONCERNING THE CITY The City is a northwestern suburb of Minneapolis and is a part of the Minneapolis/Saint Paul Metropolitan Area. The City lies wholly within Hennepin County and encompasses an area of approximately 5.8 square miles (3,712 acres). Population The City’s population trend is shown below. Percent Population Change 2013 MN Demographer’s Estimate 22,645 2.2% 2010 U.S. Census 22,151 (2.4) 2000 U.S. Census 22,698 (4.6) 1990 U.S. Census 23,788 (6.9) 1980 U.S. Census 25,543 -- Sources: Minnesota State Demographic Center, mn.gov/admin/demography and United States Census Bureau, http://www.census.gov/. The City’s population by age group for the past three years is as follows: Data Year/ Report Year 0-17 18-34 35-64 65 and Over 2014/15 5,153 4,998 9,598 3,239 2013/14 5,074 5,010 9,496 3,187 Source: Claritas, Inc. Transportation Several major Twin Cities transportation routes pass through the City. County Highway 81 (formerly U.S. Highway 52) traverses the northern section of the City and State Highway 100 runs north-south through the southern section. The City is home to the Crystal Airport, owned and operated by the Metropolitan Airports Commission, which accommodates small private and charter aircraft. The Minneapolis/Saint Paul International Airport is approximately 30 minutes from the City. Metropolitan area bus service is provided to City residents by the Metropolitan Transit Commission and Medicine Lake Lines. 7.3 - 16 - Major Employers Approximate Number Employer Product/Service of Employees Volunteers of America – Crystal Care Center Skilled nursing care facility 200 Target Discount store 185(a)(b) Cub Foods Grocery store 150 City of Crystal City government 106(a) RFG Distributing Grocery distributor 98 Kilmer Electric Co., Inc. Electrical contractor 73 Buffalo Wild Wings Restaurant and bar 70(a) Metropolitan Transportation Network Incorporated Student transportation 68 Almsted SuperValu Grocery retailer 60(a) Old Country Buffet Restaurant 40(a) Perkins Restaurant 40(a)(b) McDonald’s Fast-food restaurant 35(a) Standard Water Control Systems Waterproofing 32(b) Minnesota Grinding Metal coatings, engraving 25(b) (a) Includes full- and part-time employees. (b) As of June 2012; most recent information available. Source: This does not purport to be a comprehensive list and is based on a May 2015 best efforts telephone survey of individual employers. Some employers do not respond to inquiries. Labor Force Data Annual Average March 2011 2012 2013 2014 2015 Labor Force: City of Crystal 12,596 12,626 12,625 12,699 12,692 Hennepin County 655,641 661,846 668,496 672,114 674,543 Minneapolis-St. Paul Bloomington MSA 1,879,765 1,891,151 1,906,358 1,917,301 1,851,991 State of Minnesota 2,944,331 2,954,949 2,965,675 2,974,102 2,878,589 Unemployment Rate: City of Crystal 6.8% 5.8% 5.1% 4.3% 3.9% Hennepin County 6.1 5.2 4.6 3.7 3.7 Minneapolis-St. Paul Bloomington MSA 6.3 5.5 4.8 3.9 4.0 State of Minnesota 6.5 5.6 4.9 4.1 4.5 Source: Minnesota Department of Employment and Economic Development, http://www.positivelyminnesota.com. 2015 data are preliminary. 7.3 - 17 - Retail Sales and Effective Buying Income (EBI) City of Crystal Data Year/ Total Retail Total Median Report Year Sales ($000) EBI ($000) Household EBI 2014/15 $256,123 $550,820 $49,143 2013/14 206,466 522,378 48,411 2012/13 242,089 489,708 45,488 2011/12 297,077 460,418 44,570 2010/11 303,988 463,700 44,698 Hennepin County Data Year/ Total Retail Total Median Report Year Sales ($000) EBI ($000) Household EBI 2014/15 $21,713,206 $36,578,500 $52,644 2013/14 21,457,980 34,013,568 50,131 2012/13 23,055,735 32,511,238 47,033 2011/12 22,526,015 31,323,523 48,356 2010/11 22,535,802 31,565,738 48,451 The 2014/15 Median Household EBI for the State of Minnesota was $50,560. The 2014/15 Median Household EBI for the United States was $45,448. Source: Claritas, Inc. Permits Issued by the City New Single New Total Value* Family Residential Commercial/Industrial (All Permits) Year Number Value Number Value 2015 (to 3-31) 3 $ 282,160 0 0 $ 1,878,805 2014 9 1,188,986 4 $22,943,995 34,608,705 2013 16 2,280,766 0 0 9,728,037 2012 9 1,350,369 0 0 11,057,866 2011 6 674,192 2 5,771,599 15,890,193 2010 16 2,251,322 0 0 10,404,391 * In addition to building permits, the total value includes all other permits issued by the City (i.e. heating, lighting, plumbing, roof replacement, etc.). Source: City of Crystal. Economic Development The City is a fully developed suburb of the City of Minneapolis. As the City is a mature community, a priority of the City Council is to maintain and increase the community’s tax base. Because the City is fully developed, redevelopment of blighted or underutilized sites is generally necessary to increase the community’s tax base. 7.3 - 18 - The City’s Economic Development Authority (EDA) has continued its activities to maintain and improve the community’s tax base, both commercial and residential. Specific redevelopment activities include the following: Housing Development  Single Family Residential – Scattered Site New Home Construction: The EDA is continuing its longstanding practice of buying blighted, structurally substandard or functionally obsolete homes, which are then demolished and the resulting vacant lots are offered for sale to builders for new home construction. In 2014, the EDA purchased one home for demolition and sold 6 lots for construction. As of March 31, 2015, the EDA has sold one lot. Additional lot sales are pending.  Single Family Residential – Home Improvement Incentive Rebates: In 1998, the City and four other communities partnered with the Greater Metropolitan Housing Corporation (GMHC) to provide an incentive rebate for improvements to owner-occupied homes. Households with incomes of up to 120% of the regional median income are eligible to receive the rebates. Funding for this program initially came from the Minnesota Housing Finance Agency and the Metropolitan Council. After these outside agencies’ funds were exhausted in 2002, the EDA committed its own funds to keep the rebate program going within the City. The EDA committed $131,050 to the program in 2014. Approximately 10% of the funds are paid to GMHC for administration of the program. During 2014, 99 homeowners took advantage of the rebate program for improvement projects with a total value of $963,502.  Deferred Home Improvement Loans: Since 1982, the City has used part of its Community Development Block Grant allocation to fund deferred home improvement loans for lower income households. This provides interest-free loans with repayment deferred for 15 years, provided that the recipient owns and occupies the home. During the 12 months ending December 31, 2014, $163,722 was spent on rehab projects and $219,082 was committed for additional projects. Two projects were completed, eight new projects were started, and one property is on the waiting list.  Cavanagh Development: The EDA purchased the Cavanagh Elementary School from Independent School District No. 281 (Robbinsdale) in 2012, and demolition of the school was completed in the spring of 2013. Dominium Development & Acquisition LLC has purchased the site and is building a 130-unit senior housing complex at a value of $21 million, expected to be completed by fall 2015. Financial Institutions City residents are served by Minnstar Bank National Association, which had total deposits of $116,522,000 as of December 31, 2014 (most recent information available). Banking and financial services in the City are also provided by TCF National Bank and Wells Fargo Bank, National Association. Source: Federal Deposit Insurance Corporation, http://www2.fdic.gov/idasp/main.asp. 7.3 - 19 - Health Care Services The following is a summary of health care facilities located in or near the City: Facility Location No. of Beds Crystal Care Center City of Crystal 130 Nursing Home Beds North Memorial Medical Center City of Robbinsdale 518 Hospital Beds 42 Infant Bassinets Source: Minnesota Department of Health, http://www.health.state.mn.us/. Education Public Education The following district serves the residents of the City: 2014/15 School Location Grades Enrollment I.S.D. No. 281 (Robbinsdale) City of Robbinsdale K-12 12,385 Source: Minnesota Department of Education, www.education.state.mn.us Non-Public Education City residents are also served by the following private schools, located in the City: 2014/15 School Grades Enrollment St. Raphael Catholic School K-8 177 River Tree School K-12 78 Source: Minnesota Department of Education, www.education.state.mn.us Post-Secondary Education City residents have access to various colleges and universities located throughout the Minneapolis/St. Paul metropolitan area. 7.3 - 20 - GOVERNMENTAL ORGANIZATION AND SERVICES Organization The City has been a municipal corporation since 1887, a city since 1960, and operates as a Home Rule City, governed by a Home Rule Charter with a City Manager form of government. The City's governing body is the City Council, comprised of the Mayor and six Council Members. The Mayor and Council Members serve overlapping four-year terms of office. The following individuals comprise the current City Council: Expiration of Term Jim Adams Mayor December 31, 2016 Laura Libby Council Member December 31, 2016 Elizabeth Dahl Council Member December 31, 2018 Jeff Kolb Council Member December 31, 2018 Olga Parsons Council Member December 31, 2018 Casey Peak Council Member December 31, 2016 Julie Deshler Council Member December 31, 2016 Ms. Anne Norris is the City Manager and is responsible for the daily operations of the City and for implementing Council decisions. Prior to being appointed City Manager in January 2000, Ms. Norris was the Community Development Director for the City for nine years. Ms. Christina Serres is the City Clerk and Mr. Charles Hansen serves as the City’s Finance Director/Treasurer. The City employs a total of 84 full-time employees, 22 part-time benefit-earning employees, and approximately 50 seasonal employees. Services Law Enforcement services are provided by the City through 30 sworn police officers. The West Metro Fire and Rescue District agreement between the cities of Crystal and New Hope provides for fire protection through 66 paid on-call firefighters servicing three fire stations; one full-time chief; three full- time assistant chiefs; one full-time fire inspector and one administrative captain. The City has a class 4 insurance rating. The City is part of the Golden Valley–Crystal–New Hope Joint Water Commission (the “Commission”), which purchases water for these communities from the City of Minneapolis. The Commission, in turn, bills its underlying entities based on actual usage. The Commission has jurisdiction over the trunk lines within the three cities, and each city is responsible for the construction and maintenance of its own laterals. The system's pumping capacity in the City is estimated to be 12,000 gallons per minute, average water demand in the City is approximately 1.5 million gallons per day, and peak demand is approximately 6.3 million gallons per day. Approximately 65% of the Commission's storage capacity is contained in two underground reservoirs holding 19 million gallons in the City. Interceptor sewer lines and wastewater treatment plants in the seven-county metropolitan area are under the jurisdiction of Metropolitan Council Environmental Services (“MCES”). MCES finances its operations through user charges based on volume. The City is responsible for the construction and maintenance of sewer laterals. Non-municipal utilities serving the City include Xcel Energy for electricity and CenterPoint Energy for natural gas. 7.3 - 21 - Labor Contracts The status of labor contracts in the City is as follows: Expiration Date Bargaining Unit No. of Employees of Current Contract Local #44 Police Officers 23 December 31, 2015 Local #56 Police Supervisors 6 December 31, 2016 Local #49 Public Works 21 December 31, 2016 Subtotal 50 Non-unionized employees 55 Total employees 105 Employee Pensions All full-time employees and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost-sharing multiple-employer retirement plans. GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters and peace officers who qualify for membership by statute are covered by PEPFF. The City’s contributions to GERF and PEPFF are equal to the contractually required contributions for each year as set by State Statute, and are as follows for the past five years: GERF PEPFF 2014 (unaudited) $297,490 $333,446 2013 288,445 331,004 2012 280,757 333,909 2011 276,233 327,229 2010 273,646 309,075 2009 259,257 309,711 The City also provides retirement and disability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by State statute and vest after five years of credited service. The defined retirement benefits are based on a member’s highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. The Mayor and six Council members of the City are covered by the Public Employees Defined Contribution Plan (PEDCP), a multiple-employer deferred compensation plan administered by PERA. The PEDCP is a tax-qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until the time of withdrawal. Plan benefits depend solely on the amounts contributed to the plan plus investment earnings less administrative expenses. An eligible elected official who chooses to participate in the plan contributes 5% of their salary, which is matched by the elected official’s employer. PERA receives 2% of employer contributions and 0.025% of the assets in each member’s account annually for administering the plan. 7.3 - 22 - The City’s contributions to PEDCP for the past five years are as follows: PEDCP 2014 (unaudited) $2,982 2013 2,952 2012 1,553 2011 1,586 2010 1,553 2009 1,586 For more information regarding the liability of the City with respect to its employees, please reference “Note 10, Defined Benefit Pension Plans ” and “Note 11, Defined Contribution Plan ” of the City’s Comprehensive Annual Financial Report for fiscal year ended December 31, 2013, an excerpt of which is included as Appendix IV of this Official Statement. (The City’s Comprehensive Annual Financial Report for the fiscal year ended December 31, 2014 is not yet available.) Sources: City’s Comprehensive Annual Financial Reports. Other Post-Employment Benefits The Governmental Accounting Standards Board (GASB) has issued Statement No. 45, Accounting and Financial Reporting by Employers for Post-employment Benefits Other Than Pensions (GASB 45), which addresses how state and local governments must account for and report their obligations related to post- employment healthcare and other non-pension benefits (referred to as Other Post Employment Benefits or “OPEB”). The City provides a single-employer defined benefit healthcare plan, including medical coverage, to eligible retirees and their spouses. It is the City’s policy to periodically review its medical coverage and to obtain requests for proposals in order to provide to most favorable benefits and premiums for employees and retirees. Retirees and their spouses contribute to the healthcare plan at the same rate as City employees, which results in retirees receiving an implicit rate subsidy. The implicit rate subsidy is the additional cost of health insurance to current employees and the City as a result of the higher cost of providing health insurance to retirees. As of January 1, 2015, the City has 11 participants receiving health benefits for the City’s plan. The City currently finances the plan on a pay-as-you-go basis and, during 2013, the City expended $30,908 for these benefits. With the advent of GASB Statement 45, the City has engaged actuaries to provide actuarial valuation reports. Under GASB 45 such costs must be accounted for on an accrual basis. The City must report an annual OPEB cost based on actuarially determined amounts that, if paid on an ongoing basis, will provide sufficient resources to pay these benefits. 7.3 - 23 - Components of the City’s annual OPEB cost, the amount actually contributed to the plan, and the changes in the City’s net OPEB obligation to the plan for the fiscal year ended December 31 are as follows: Annual required contribution $117,666 Interest on net OPEB obligation 16,038 Adjustment to annual required contribution (13,456) Annual OPEB cost (expense) $120,245 Contributions made (30,908) Increase in net OPEB obligation $ 89,340 Net OPEB obligation – beginning of year 356,408 Net OPEB obligation (asset) – end of year $445,749 Funded status of the City’s OPEB as reported in the actuarial reports received to-date: Unfunded UAAL as Actuarial Actuarial a percentage Actuarial Actuarial Value Accrued Accrued of Annual Valuation Date of Assets Liability Liability (UAAL) Covered Payroll January 1, 2014 - 0 - $1,071,271 $1,071,271 18% January 1, 2013* - 0 - 1,224,995 1,224,995 20 January 1, 2012 - 0 - 1,164,949 1,164,949 20 January 1, 2011* - 0 - 1,373,699 1,373,699 23 * Actuarial valuations are performed every two years, in even-numbered years. The liabilities and annual costs are based on the same population as the previous year’s liabilities and annual costs. Required contributions as reported in the actuarial reports received the past five years: Fiscal OPEB Employer % of Annual OPEB OPEB Year Ended Cost Contributions Cost Contributed Obligation December 31, 2014 (unaudited) $120,248 $30,908 26% $445,749 December 31, 2013 131,137 74,732 57 356,409 December 31, 2012 128,474 74,316 58 300,004 December 31, 2011 133,133 92,143 69 245,846 December 31, 2010 133,811 72,313 54 204,856 December 31, 2009 172,423 101,538 59 143,158 For more information regarding the liability of the City with respect to its employees, please reference “Note 12, Post Employment Health Benefits Plan” of the City’s Comprehensive Annual Financial Report for fiscal year ended December 31, 2013, an excerpt of which is included as Appendix IV of this Official Statement. (The City’s Comprehensive Annual Financial Report for the fiscal year ended December 31, 2014 is not yet available.) Sources: City’s Comprehensive Annual Financial Reports. 7.3 - 24 - General Fund Budget Summary 2014 Budget 2014 Actual 2015 Budget Revenues Property Taxes $ 8,252,000 $ 8,238,974 $ 8,323,785 Special Assessments 125,000 69,320 126,000 Licenses, Permits, and Inspections 772,080 924,967 844,420 Intergovernmental 1,962,509 1,961,162 1,968,309 Charges for Services 722,730 769,202 728,225 Fines and Forfeitures 366,500 388,593 361,500 Investment Earnings 60,000 53,851 60,000 Interfund Services 283,109 283,109 318,613 Miscellaneous 21,664 24,548 21,250 Total Revenues $12,565,592 $12,713,726 $12,752,102 Expenditures General Government $ 2,196,089 $ 2,021,268 $ 2,085,715 Public Safety 5,668,191 5,595,970 5,797,778 Public Works 1,242,707 2,177,590 2,267,380 Parks and Recreation 2,124,176 1,302,334 1,333,994 Community Development 730,828 721,284 747,241 Total $11,962,992 $11,818,446 $12,232,108 Sources: City’s Comprehensive Annual Financial Reports and 2015 Budget. Major General Fund Revenue Sources Unaudited Revenue 2010 2011 2012 2013 2014 Property Taxes $7,945,447 $8,284,782 $8,211,693 $8,238,974 $8,238,974 Intergovernmental 1,885,103 1,754,976 2,019,368 1,961,163 1,961,163 Licenses, permits and inspections 674,693 670,162 843,741 924,967 924,967 Charges for sales and/or services 664,798 654,918 686,100 769,202 769,202 Fines and forfeitures 334,025 291,963 374,684 388,593 388,593 Sources: City’s Comprehensive Annual Financial Reports. 7.3 APPENDIX I I-1 PROPOSED FORM OF LEGAL OPINION $__________ General Obligation Improvement Bonds Series 2015A City of Crystal Hennepin County, Minnesota We have acted as bond counsel to the City of Crystal, Hennepin County, Minnesota (the “Issuer”) in connection with the issuance by the Issuer of its General Obligation Improvement Bonds, Series 2015A (the “Bonds”), originally dated July 16, 2015, and issued in the original aggregate principal amount of $________. In such capacity and for the purpose of rendering this opinion we have examined certified copies of certain proceedings, certifications and other documents, and applicable laws as we have deemed necessary. Regarding questions of fact material to this opinion, we have relied on certified proceedings and other certifications of public officials and other documents furnished to us without undertaking to verify the same by independent investigation. Under existing laws, regulations, rulings and decisions in effect on the date hereof, and based on the foregoing we are of the opinion that: 1. The Bonds have been duly authorized and executed, and are valid and binding general obligations of the Issuer, enforceable in accordance with their terms. 2. The principal of and interest on the Bonds are payable primarily from special assessments levied or to be levied on property specially benefited by local improvements, but if necessary for the payment thereof ad valorem taxes are required by law to be levied on all taxable property of the Issuer, which taxes are not subject to any limitation as to rate or amount. 3. Interest on the Bonds is excludable from gross income of the recipient for federal income tax purposes and, to the same extent, is excludable from taxable net income of individuals, trusts, and estates for Minnesota income tax purposes, and is not a preference item for purposes of the computation of the federal alternative minimum tax, or the computation of the Minnesota alternative minimum tax imposed on individuals, trusts and estates. However, such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income. The opinion set forth in this paragraph is subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excludable from gross income for federal income tax purposes and from taxable net income for Minnesota income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes and taxable net income for Minnesota income tax purposes retroactively to the date of issuance of the Bonds. We express no opinion regarding tax consequences arising with respect to the Bonds other than as expressly set forth herein. 7.3 I-2 4. The rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditor’s rights generally and by equitable principles, whether considered at law or in equity. We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. This opinion is given as of the date hereof and we assume no obligation to update, revise, or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Dated July __, 2015 at Minneapolis, Minnesota. 7.3 APPENDIX II II-1 CONTINUING DISCLOSURE CERTIFICATE $____________ City of Crystal, Minnesota General Obligation Improvement Bonds Series 2015A July __, 2015 This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the City of Crystal, Minnesota (the “Issuer”) in connection with the issuance of its General Obligation Improvement Bonds, Series 2015A (the “Bonds”), in the original aggregate principal amount of $___________. The Bonds are being issued pursuant to resolutions adopted by the City Council of the Issuer (the “Resolutions”). The Bonds are being delivered to _________________ (the “Purchaser”) on the date hereof. Pursuant to the Resolutions, the Issuer has covenanted and agreed to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events. The Issuer hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders (as defined herein) of the Bonds in order to provide for the public availability of such information and assist the Participating Underwriter(s) (as defined herein) in complying with the Rule (as defined herein). This Disclosure Certificate, together with the Resolutions, constitutes the written agreement or contract for the benefit of the Holders of the Bonds that is required by the Rule. Section 2. Definitions. In addition to the defined terms set forth in the Resolutions, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: “Annual Report” means any annual report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Audited Financial Statements” means annual financial statements of the Issuer, prepared in accordance with generally accepted accounting principles for governmental units (“GAAP”) as prescribed by the Governmental Accounting Standards Board (“GASB”). “Bonds” means the General Obligation Improvement Bonds, Series 2015A, issued by the Issuer in the original aggregate principal amount of $___________. “Disclosure Certificate” means this Continuing Disclosure Certificate. “EMMA” means the Electronic Municipal Market Access system operated by the MSRB and designated as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. “Final Official Statement” means the deemed Final Official Statement, dated __________, 2015, which constitutes the final official statement delivered in connection with the Bonds, which is available from the MSRB. “Fiscal Year” means the fiscal year of the Issuer. 7.3 II-2 “Holder” means the person in whose name a Bond is registered or a beneficial owner of such a Bond. “Issuer” means the City of Crystal, Minnesota, which is the obligated person with respect to the Bonds. “Material Event” means any of the events listed in Section 5(a) of this Disclosure Certificate. “MSRB” means the Municipal Securities Rulemaking Board located at 1900 Duke Street, Suite 600, Alexandria, VA 22314. “Participating Underwriter” means any of the original underwriter(s) of the Bonds (including the Purchaser) required to comply with the Rule in connection with the offering of the Bonds. “Purchaser” means __________________. “Repository” means EMMA, or any successor thereto designated by the SEC. “Rule” means SEC Rule 15c2-12(b)(5) promulgated by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time, and including written interpretations thereof by the SEC. “SEC” means Securities and Exchange Commission, and any successor thereto. Section 3. Provision of Annual Financial Information and Audited Financial Statements. (a) The Issuer shall provide to the Repository, as soon as available, but not later than twelve (12) months after the end of the Fiscal Year commencing with the year that ends December 31, 2014, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the Audited Financial Statements of the Issuer may be submitted separately from the balance of the Annual Report and will be submitted as soon as available. (b) If the Issuer is unable or fails to provide to the Repository an Annual Report by the date required in subsection (a), the Issuer shall send a notice of that fact to the Repository and the MSRB. (c) The Issuer shall determine each year prior to the date for providing the Annual Report the name and address of each Repository. Section 4. Content of Annual Reports. The Issuer’s Annual Report shall contain or incorporate by reference the following sections of the Final Official Statement: 1. City Property Values 2. City Indebtedness 3. City Tax Rates, Levies and Collections In addition to the items listed above, the Annual Report shall include Audited Financial Statements submitted in accordance with Section 3 of this Disclosure Certificate. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to the Repository or the SEC. If the document incorporated by reference is a final official statement, it must also be available from the MSRB. The Issuer shall clearly identify each such other document so incorporated by reference. 7.3 II-3 Section 5. Reporting of Material Events. (a) This Section 5 shall govern the giving of notice of the occurrence of any of the following events (“Material Events”) with respect to the Bonds: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; 7. Modifications to rights of security holders, if material; 8. Bond calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the obligated person; 13. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material. (b) The Issuer shall file a notice of such occurrence with the Repository or with the MSRB within ten (10) business days of the occurrence of the Material Event. (c) Unless otherwise required by law and subject to technical and economic feasibility, the Issuer shall employ such methods of information transmission as shall be requested or recommended by the designated recipients of the Issuer’s information. Section 6. EMMA. The SEC has designated EMMA as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. Until the EMMA system is amended or altered by the MSRB and the SEC, the Issuer shall make all filings required under this Disclosure Certificate solely with EMMA. 7.3 II-4 Section 7. Termination of Reporting Obligation. The Issuer’s obligations under the Resolutions and this Disclosure Certificate shall terminate upon the legal defeasance, the redemption in full of all Bonds or payment in full of all Bonds. Section 8. Agent. The Issuer may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations under the Resolutions and this Disclosure Certificate, and may discharge any such agent, with or without appointing a successor dissemination agent. Section 9. Amendment; Waiver. Notwithstanding any other provision of the Resolutions or this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion of nationally recognized bond counsel to the effect that such amendment or waiver would not, in and of itself, cause a violation of the Rule. The provisions of the Resolutions requiring continuing disclosure pursuant to the Rule and this Disclosure Certificate, or any provision hereof, shall be null and void in the event that the Issuer delivers to the Repository an opinion of nationally recognized bond counsel to the effect that those portions of the Rule which impose the continuing disclosure requirements of the Resolutions and the execution and delivery of this Disclosure Certificate are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. The provisions of the Resolutions requiring continuing disclosure pursuant to the Rule and this Disclosure Certificate may be amended without the consent of the Holders of the Bonds, but only upon the delivery by the Issuer to the Repository of the proposed amendment and an opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the compliance with the Rule. Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Material Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 11. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under the Resolutions and this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default with respect to the Bonds and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Participating Underwriters, and the Holders from time to time of the Bonds, and shall create no rights in any other person or entity. 7.3 II-5 IN WITNESS WHEREOF, we have executed this Disclosure Certificate in our official capacities effective as of the date and year first written above. CITY OF CRYSTAL, MINNESOTA Mayor City Manager (Signature Page to Continuing Disclosure Certificate) 7.3 APPENDIX III III-1 SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Following is a summary of certain statutory provisions relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the “Estimated Market Value.” The 2013 Minnesota Legislature established the Estimated Market Value as the value used to calculate a municipality’s legal debt limit. Economic Market Value. The Economic Market Value is the value of locally assessed real property (Assessor’s Estimated Market Value) divided by the sales ratio as provided by the State of Minnesota Department of Revenue plus the estimated market value of personal property, utilities, railroad, and minerals. Taxable Market Value. The Taxable Market Value is the value that Net Tax Capacity is based on, after all reductions, limitations, exemptions and deferrals. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are the sum of the amounts determined by (i) multiplying the Net Tax Capacity by the tax capacity rate, and (ii) multiplying the referendum market value by the market value rate. Market Value Homestead Exclusion. In 2011, the Market Value Homestead Exclusion Program (MVHE) was implemented to offset the elimination of the Market Value Homestead Credit Program that provided relief to certain homesteads. The MVHE reduces the taxable market value of a homestead with an Assessor’s Estimated Market Value up to $413,800 in an attempt to result in a property tax similar to the effective property tax prior to the elimination of the homestead credit. The MVHE applies to property classified as Class 1a or 1b and Class 2a, and causes a decrease in the City’s aggregate Taxable Market Value, even if the Assessor’s Estimated Market Value on the same properties did not decline. Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. 7.3 III-2 The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty on homestead property of 2% until May 31 and increased to 4% on June 1. The penalty on nonhomestead property is assessed at a rate of 4% until May 31 and increased to 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, a penalty of 2% on homestead property and 4% on nonhomestead property is assessed. The penalty for homestead property increases to 6% on November 1 and again to 8% on December 1. The penalty for nonhomestead property increases to 8% on November 1 and again to 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the county auditor files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks but in no event is the rate less than 10% or more than 14%. Property owners subject to a tax lien judgment generally have three years (3) to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40%; town or city - 20%; and school district - 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the homestead credit refund and the renter’s property tax refund, which relate property taxes to income and provide relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The homestead credit refund, the renter’s property tax refund, and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, county program aid and disparity reduction aid. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory “net debt” limitations under the provisions of Minnesota Statutes, Section 475.53. Ne t debt is defined as the amount remaining after deducting from gross debt the amount of current revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Bonds issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Bonds payable wholly from the income from revenue producing conveniences. 7.3 III-3 4. Bonds issued to create or maintain a permanent improvement revolving fund. 5. Bonds issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Bonds specifically excluded under the provisions of law authorizing their issuance. 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. 11. Bonds issued to pay judgments against the municipality. Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) “Fiscal Disparities Law” The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as “Fiscal Disparities,” was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area-wide tax base shall be distributed back to each assessment district. 7.3 III-4 STATUTORY FORMULAE: CONVERSION OF TAXABLE MARKET VALUE (TMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Local Tax Payable Local Tax Payable Property Type 2011-2014 2015 Residential Homestead (1a) Up to $500,000 1.00% 1.00% Over $500,000 1.25% 1.25% Residential Non-homestead Single Unit (4bb1) Up to $500,000 1.00% 1.00% Over $500,000 1.25% 1.25% 1-3 unit and undeveloped land (4b1) 1.25% 1.25% Market Rate Apartments Regular (4a) 1.25% 1.25% Low-Income (4d) 0.75% Up to $100,000 0.75% Over $100,000 0.25% Commercial/Industrial/Public Utility (3a) Up to $150,000 1.50%(a) 1.50%(a) Over $150,000 2.00%(a) 2.00%(a) Electric Generation Machinery 2.00% 2.00% Commercial Seasonal Residential Homestead Resorts (1c) Up to $600,000 0.55% 0.55% $600,000 - $2,300,000 1.00% 1.00% Over $2,300,000 1.25%(a) 1.25%(a) Seasonal Resorts (4c) Up to $500,000 1.00%(a) 1.00%(a) Over $500,000 1.25%(a) 1.25%(a) Non-Commercial (4c12) Up to $500,000 1.00%(a)(b) 1.00%(a)(b) Over $500,000 1.25%(a)(b) 1.25%(a)(b) Disabled Homestead (1b) Up to $50,000 0.45% 0.45% Agricultural Land & Buildings Homestead (2a) Up to $500,000 1.00% 1.00% Over $500,000 1.25% 1.25% Remainder of Farm Up to $1,900,000(c) 0.50%(b) 0.50%(b) Over $1,900,000(c) 1.00%(b) 1.00%(b) Non-homestead (2b) 1.00%(b) 1.00%(b) (a) State tax is applicable to these classifications. (b) Exempt from referendum market value based taxes. (c) Legislative increases, payable 2015. Historical valuations are: Payable 2014 - $1,500,000; Payable 2013 - $1,290,000; Payable 2012 - $1,210,000; and Payable 2011 - $1,140,000. NOTE: For purposes of the State general property tax only, the net tax capacity of non-commercial class 4c(1) seasonal residential recreational property has the following class rate structure: First $76,000 – 0.40%; $76,000 to $500,000 – 1.00%; and over $500,000 – 1.25%. In addition to the State tax base exemptions referenced by property classification, airport property exempt from city and school district property taxes under M.S. 473.625 is exempt from the State general property tax (MSP International Airport and Holman Field in St. Paul are exempt under this provision). 7.3 APPENDIX IV IV -1 EXCERPT OF 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT Data on the following pages was extracted from the City’s Comprehensive Annual Financial Report for fiscal year ended December 31, 2013. (The City’s Comprehensive Annual Financial Report for fiscal year ended December 31, 2014 is not yet available.) The reader should be aware that the complete financial statements may contain additional information which may interpret, explain or modify the data presented here. The City’s comprehensive annual financial reports for the years ending 1996 through 2012 were awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. The City has submitted its CAFR for the 2013 fiscal year to GFOA. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report (CAFR), whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 PROPOSAL SALE DATE: June 16, 2015 ________________________________ Phone: 651-223-3000 * Preliminary; subject to change. Fax: 651-223-3046 Email: bond_services@springsted.com Website: www.springsted.com City of Crystal, Minnesota $2,620,000* General Obligation Improvement Bonds, Series 2015A For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as follow, we offer a price of $_________________ (which may not be less than $2,593,800) plus accrued interest, if any, to the date of delivery. Year Interest Rate (%) Yield (%) Dollar Price Year Interest Rate (%) Yield (%) Dollar Price 2017 % % % 2025 % % % 2018 % % % 2026 % % % 2019 % % % 2027 % % % 2020 % % % 2028 % % % 2021 % % % 2029 % % % 2022 % % % 2030 % % % 2023 % % % 2031 % % % 2024 % % % Designation of Term Maturities Years of Term Maturities In making this offer on the sale date of June 16, 2015 we accept all of the terms and conditions of the Terms of Proposal published in the Preliminary Official Statement dated May 29, 2015 including the City’s right to modify the principal amount of the Bonds. (See “Terms of Proposal” herein.) In the event of failure to deliver these Bonds in accordance with said Terms of Proposal, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: $____________________________ TRUE INTEREST RATE: ______________ % The Bidder  will not  will purchase municipal bond insurance from . Account Members ______________________________ Account Manager By: ___________________________ Phone: ________________________ ........................................................................................................................................................................................................................... The foregoing proposal has been accepted by the City. Attest: _______________________________ Date: ________________________________ ........................................................................................................................................................................................................................... _____ Wire Transfer _____ Good Faith Check 7.3 Memorandum DATE: June 16, 2015 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Phase 15 Street Reconstruction – Order Feasibility Report Summary This summer the Crystal street reconstruction program is in Phase 14 of a total of 16 proposed phases that originally started in 1995. Phase 15 is proposed to take place in 2016. Street reconstruction projects last around two years from design to final project closeout. At the June 2nd Council workshop, staff provided a tentative schedule for the Phase 15 street reconstruction project. The first Council action needed is the ordering of the feasibility report. The feasibility report looks at the entire project to determine the project limits, existing conditions, proposed work to be included in the project, and includes both an initial cost estimate and estimate of assessments. As with previous Phases, SEH, Inc. will be preparing the feasibility report under a supplemental agreement to the master professional services contract. Ordering the feasibility report will be the first of six Council meetings, over the next year, where project items will come to the Council for consideration and proposed action. Opportunities for public input will occur throughout the project. • A questionnaire will be mailed out to properties in the project area in the fall of 2015. • Neighborhood meetings will occur in the fall of 2015 and early spring 2016. • Public hearings will occur in the fall of 2015, spring 2016, and fall 2016. • Residents may contact City staff assigned to the project anytime. • Both City staff and consultant staff will be in the field during construction. Attachments • SEH Supplement Letter of Agreement of Professional Services • Phase 15 Location Map (preliminary) • Phase 15 Project Process schedule 7.4 Recommended Action Motion to approve the resolution ordering the feasibility report for the Phase 15 Street Reconstruction Project. 7.4 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is 100% employee-owned | sehinc.com | 952.912.2600 | 800.734.6757 | 888.908.8166 fax Supplemental Letter of Agreement to Agreement for Professional Services Dated July 7, 2009 June 11, 2015 RE: Crystal, MN 2016 - Phase 15 Twin Oaks Park Street Reconstruction Report on Feasibility City Project No. 2015-15 SEH No. P-CRYST 132669 10.00 Mark Ray, PE Director of Public Works / City Engineer City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Dear Mark: We appreciate the opportunity to submit our Supplemental Letter Agreement for the Phase 15 Twin Oaks Park Feasibility Study (Study). We understand that this Study is a refinement of work already begun by the Update to the 2003 Overall Study for Crystal’s Local Street Reconstruction Program. Our services are in accordance with the updated Exhibit A, Paragraph B of the Agreement for Professional Services dated July 7, 2009 (Agreement). The Study area limits are the Twin Oaks Park Neighborhood, bounded on the west by County Road 81, the south by the Canadian Pacific Railroad, the east by Twin Lake, and the north by Bass Lake Road. In general, in this phase we will continue the process followed in the first fourteen phases of local street reconstruction in Crystal. Specifically we propose the following key activities: 1. Prepare a “kick-off” newsletter that will include the resident survey on driveways, sump pumps, rain gardens and sanitary sewer service repair. It will also ask Phase 14 residents to indicate if they have private underground lawn irrigation and pet containment systems. 2. Utilize property information data supplied by the City’s GIS system to prepare the mock assessment roll. 3. Utilize amounts and locations of existing D and B style concrete curb and gutter, as well as locations without existing curb and gutter, supplied by the City’s GIS system to prepare the mock assessment roll. 4. Study the area-wide existing storm sewer system capacity. 5. Study roadway width, parking/no parking, sidewalk and pavement striping options along the project area Municipal State Aid (MSA) routes, which are: a. Wilshire Boulevard between County Road 81 and Regent Avenue, b. Regent Avenue between Wilshire Boulevard and Bass Lake Road, and 7.4 Mark Ray, PE June 11, 2015 Page 2 c. Scott Avenue connecting the Wilshire Boulevard offset street segments. 6. Study the impact of construction on existing trees, retaining walls and other features in the boulevard area. 7. Account for the continuation of the private sanitary sewer service and driveway repair programs. 8. Assist the City in coordinating with CenterPoint Energy for possible system wide upgrades. 9. Assist the City in obtaining quotes for soil investigation work. 10. Prepare for the following meetings: a. Three (3) with Engineering and Public Works Staff b. One (1) Neighborhood Open House c. One (1) City Council Workshop d. One (1) City Council meeting to present report findings e. One (1) Public Improvement Hearing with the City Council to present report findings We will deliver fourteen (14) final copies of the Study for your use. According to Exhibit C-3, Paragraph A of the Agreement, we will use the most recent opinion of probable construction cost for the project as approved by the owner to calculate our fee. The most recent opinion of probable cost is outlined in the following table. ITEM COST Total Estimated Construction Cost on which to base the Total Engineering Fee Percentage $5,391,193.14 (1) Total Engineering Fee Percentage 14.32% (2) Total Feasibility Study, Plans, Specifications, Estimate and Bidding and Construction Phase Engineering Fees $772,019 Total Feasibility Study Engineering Fee $53,912 (1) From the attached Appendix B – Street Reconstruction Construction Unit Costs Comparison per Phase. (2) Per attached Appendix A (Revised December 7, 2012). In accordance with Appendix A dated December 7, 2012 to this Supplemental Agreement, our lump sum fee for this entire project is calculated on the basis of 14.32% of the total estimated construction cost or $772,019 including expenses. Per Minnesota Statutes, the report on feasibility has to be provided to the City on an hourly basis. Therefore, in accordance with Exhibit C-3, Paragraph A of the Agreement, we will provide the City with the report on feasibility for a total hourly fee of $53,912 including expenses. We will bill the City monthly on an hourly basis for services, expenses, and equipment as described in Exhibit C-1 of the Agreement. For your convenience, we include our billable cost range and schedule of expenses as Appendices C and D to this Supplemental Letter Agreement. The above financial arrangements are based on the orderly and continuous progress of the project. We will start our services promptly after receipt of your authorization of this Agreement. We anticipate fitting our work to match the following key City milestones. 7.4 Mark Ray, PE June 11, 2015 Page 3 Item Milestone Date Authorization to Proceed June 16 City Council Workshop September 1 Deliver Study to the City September 10 Present Study to the City Council September 16 Neighborhood Open House October 1 Public Improvement Hearing October 6 We understand an estimated total project cost was established for Phase 15 as part of the Update to the 2003 Overall Study and updated based on actual street reconstruction costs per linear foot of street centerline. We understand these limitations are realistic and will try to work within those limitations. 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 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, SHORT ELLIOTT HENDRICKSON INC. Aaron T. Ditzler, PE Project Manager City of Crystal, Minnesota Accepted this _____ day of _________________, 2015 By: _____________________________ Title _____________________________ By _____________________________ Title _____________________________ Enclosures p:\ae\c\cryst\132669\1-genl\10-setup-cont\03-proposal\phase 15 feas rpt proposal .docx 7.4 APPENDIX A CITY OF CRYSTAL STREET RECOSTRUCITON LUMP SUM ENGINEERING SERVICES AGREEMENT AS PERCENTAGE OF FINAL CONSTRUCTION COST SHORT ELLIOTT HENDRICKSON, INC. DECEMBER 7, 2012 * Final Construction Cost ($) Total Engineering Fee (%) Feasibility Study (%) Plans and Specs (%) Construction 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% 7.00% 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% $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% 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%) *Revised 1-14-09 (Revised Percentages for Total Engineering Fee, Feasibility Study, Plans 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\Master Contract\REVISED APPENDIX A 12 07 12.docx 7.4 CRYSTAL, MINNESOTA 2016 - TWIN OAKS PARK STREET RECONSTRUCTION CITY PROJECT NO. 2015-15 Street Reconstruction Construction Unit Costs Comparison Per Phase Date: March 19, 2007 Revised: March 27, 2007; September 4, 2008; September 11, 2008; September 15, 2008 Revised: August 31, 2010; September 7, 2010; September 15, 2010; March 28, 2011; May 23, 2011 Revised: August 24, 2011; August 31, 2011; September 2, 2011; September 12, 2011; March 30, 2012 Revised: August 23, 2012; April 9, 2013; August 22, 2014; August 27, 2014; March 12, 2015 Revised: June 8, 2015 P:\AE\C\Cryst\132669\1-genl\10-setup-cont\03-proposal\[phase 1 thru 16 unit cost comparison Ph 15 report.xlsx]Unit Cost Infl Yr 3 in a row 12 345 6 A Phase Total Construction Costs (1)(2) Total Linear Footage Cost Per Foot Year Percentage Change between Phase (6) B 1 $1,910,682.00 26,000 $73.49 1995 N/A C 2 $2,146,070.00 26,001 $82.54 1996 12.31% D 3 $2,955,272.32 34,496 $85.67 1997 3.79% E 4 $1,983,572.00 22,340 $88.79 1998 3.64% F 1999 G 2000 H 5 $1,833,244.82 15,928 $115.10 2001 29.63% J 2002 K 2003 L 6 $3,497,617.15 31,420 $111.32 2004 -3.28% M 7 $2,430,629.35 21,261 $114.32 2005 2.69% N 8 $3,754,632.48 29,645 $126.65 2006 10.79% O 2007 P 9 $3,909,687.00 25,456 $153.59 2008 21.27% Q 10 $5,880,116.00 41,785 $140.72 2009 -8.38% R 2010 S 11 $2,834,538.00 19,885 $142.55 2011 1.30% T 12 $5,139,067.15 32,240 $159.40 2012 11.82% (8) U 13 $5,069,105.00 29,789 $170.17 2013 6.76% (8) V 2014 W 14 $5,125,339.65 26,990 $189.90 2015 11.59% (8) X 15 $5,391,193.14 26,874 $200.61 2016 5.64% (7) Y 16 $8,102,973.12 38,236 $211.92 2017 5.64% (7) (1) Costs without Sanitary, Watermain, and Private Costs (2) Costs are in year the project was built (Phases 1-14) (3) Based on Opinion of Probable Cost (4) Not Used (5) 14 Projects over 20 years (6) Cell Formula equal to C4/B4 -1, etc. (7) Based on average annual increase in construction cost between Phase 13 and 14 (8) Based on Awarded Bid Construction Cost $7 3 . 4 9 $8 2 . 5 4 $8 5 . 6 7 $8 8 . 7 9 $1 1 5 . 1 0 $1 1 1 . 3 2 $1 1 4 . 3 2 $1 2 6 . 6 5 $1 5 3 . 5 9 $1 4 0 . 7 2 $1 4 2 . 5 5 $1 5 9 . 4 0 $1 7 0 . 1 7 $1 8 9 . 9 0 $2 0 0 . 6 1 $2 1 1 . 9 2 $25.00 $50.00 $75.00 $100.00 $125.00 $150.00 $175.00 $200.00 $225.00 $250.00 19 9 5 19 9 6 19 9 7 19 9 8 19 9 9 20 0 0 20 0 1 20 0 2 20 0 3 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 Co s t P e r L i n e a r F o o t Year Street Reconstruction Construction Unit Costs Comparison Per Phase AVERAGE ANNUAL INCREASE IN CONSTRUCTION COST BETWEEN PHASE 1 AND 14: 4.86% (5) 7.4 SEH HOURLY BILLABLE RATE RANGE 1 SEH Hourly Billable Rate Range Classification Billable Rate(1) Office Staff Principal $145.00 - $220.00 Project Manager $115.00 - $215.00 Senior Project Specialist $140.00 - $185.00 Senior Project Engineer $125.00 - $195.00 Project Engineer $95.00 - $145.00 Staff Engineer $75.00 - $115.00 Senior Project Architect $120.00 - $180.00 Project Architect $95.00 - $135.00 Staff Architect $70.00 - $95.00 Senior Project Scientist $115.00 - $140.00 Project Scientist $80.00 - $105.00 Staff Scientist $55.00 - $80.00 Senior Project Planner $120.00 - $160.00 Project Planner $85.00 - $120.00 Staff Planner $65.00 - $85.00 Project GIS Analyst $80.00 - $120.00 Lead Technician $95.00 - $140.00 Senior Technician $75.00 - $120.00 Technician $60.00 - $95.00 Word Processor $55.00 - $90.00 General Clerical $55.00 - $90.00 Graphic Designers $80.00 - $100.00 Field Staff Licensed Land Surveyor $95.00 - $135.00 Lead Project Representative $90.00 - $135.00 Sr. Project Representative $80.00 - $115.00 Project Representative $70.00 - $100.00 Survey Crew Chief $80.00 - $110.00 Survey Instrument Operator $55.00 - $70.00 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2015 Expires: December 31, 2015 7.4 SEH SCHEDULE OF EXPENSES 1 SEH Schedule of Expenses VEHICLE MILEAGE RATES $0.57/Mile VEHICLE ALLOWANCE COSTS Resident Project Representative $13.00/day Survey and Field Vehicle $4.50/hour + $0.57/mile SURVEY EQUIPMENT Robotic Total Station $25.00/hour Global Positioning System (GPS) $25.00/hour COMPUTER EQUIPMENT Computer Charges per Direct Hour of Labor $3.00/hour OTHER EQUIPMENT EXPENSES SEH uses many different types of equipment, such as traffic counters; flow meters; air, water, and soil sampling kits; inspection cameras; density meters; and many others. Our equipment is frequently upgraded to utilize current technology. You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. 7.4 SEH SCHEDULE OF EXPENSES 2 2015 IDENTIFIABLE REPRODUCTION AND REPROGRAPHIC COSTS (1)(2) Item 8½x11 11x17 Large Format Per Item Black/White Copy(3) 0.07 0.24 0.95 + 0.50/sq. ft. Color Copy(3) 0.46 1.02 0.95 + 2.55/sq. ft. Mylar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/sq. ft. Laminated Foamcore up to 30”x 42” larger than 40”x 60” 40.00 75.00 3-Ring Binder (Size) 1/2” 1” 2” 3” 4” Binder Cost 2.40 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding Wire Comb 3.60 3.20 Covers Custom SEH 0.15 0.11 Tabs White SEH 0.20 0.29 Mailing/Processing UPS or USPS rates (1) Prices include operator time. (2) Prices denote single-sided printing. (3) Standard stock, white paper used for pricing. Prices are subject to change and may not be accompanied by immediate notification. 7.4 CRYSTAL AIRPORT BASS LAKE ROAD TWIN LAKE CANADIAN PACIFIC RAILWAY SÐ OR C H A R D A V E N U E WILSHIRE BOULEVARD S C O T T A V E N U E 54TH AVENUE ANGELINEAVENU E U N I T Y C O U RT PERRYCIRCLE WILSHIRE BOULEVARD Q U A I L A V E N U E 54TH AVENUE ZANE PLACE LA K E L A N D AVENUE A D A I R A V E N U E 53RD AVENUE TO L E D O A V E N U E UN I T Y A V E N U E PE R R Y A V E N U E A N G E LINE AVENUE RE G E N T A V E N U E TO L E D O A V E N U E UN I T Y A V E N U E 53RD AVENUE P E R R Y A VENUE VE R A C R U Z A V E N U E VE R A C R U Z A V E N U E WE L C O M E A V E N U E WE L C O M E A V E N U E ZA N E A V E N U E YA T E S A V E N U E X ENIA AVENUE XE N I A A V E N U E TWIN LAKE T E R R A C E 5303 53085300 5333 5618 5409 541854085409 5402 5408 541554084940502454095016510054104900500849305124492051164910541354145108 5309 53265257 5309 53325309 5301 5344 5240 5301 5409 53275300 5350 5000 5327 5115 53305301 5209 532152215427521551095421 5324 5121 510953255125 49175203 5402 4933 5401 5211 5101 50015117 540054005405 5017 5403 54065608 4909 5600 541255085401 5025 540154005404 49255325 5416 54175416541754175410 5416 5424 5432542254245423542554235424542454255425 541754165423 5425 5436 5444544256095016550154415705544154405441544055005100550150005440 5432 54405439543154305433 5410 5501 5510550255115502 55115501 544855145511 54465502 5101 5515 54335432 543257095437 5500 5500 5265 5415 5315 51275203 5265 5403 53095264 5321 5421 53205409 5518 54335249 5518 5600 5506 5507 551256165710 5509 55135516551055105509 5521 5009 5533 5534552955325538 5536 5539 5534 5546 5542 5509 554155355536 5542 5542 5550555555425537 5612 5549554155415536 55515536 554955505542 5116 552155205505 5519 5518551155085511 5549 55135512 5540 5500 55475546 5438 55065500550155075716 5433 5316 5108 5317 53395202540854345308 511651225308 5427 52205322 5208 54025428 50225028 50085416 5128 5317 5316 5302 5214 5324 53165317 5338 5311 50165102 5411 5422 5325 5319 50025328 5419 5558 5303 5554 5533 555055475541554855505540 55605565 55565551 520252105411 5524 553155265518 5531551655335525 5356 55175517 5525 5526 54585510 5527 5519 5530 5362 5525 5520 5526 5566 5565 5101 5526 5562 55685565 55255533 55265527 550855325525553355405530553155415528553455415541 55575549 55585558 5116 5553 5550 5221554955545557 5424 5517 5229 52305227 5557 5565 5301 52255227523152225229 523052325233 5233 53215325522453275228 5555 5232 5304 5308 52115232 5238 520353135309 5237 5129 5403 5301 49435417 5331 5401 4909512352345407520550275237 5235 512153035333 5023 49155111 5230 492150175029510549335409 50215117 5315 5307 5235 5415 51155127 4901 5236 5319 5238521752015240 53305209 5308 5241 5237 5238 5209 6001 5301502450305014523550085020522552435128512251145208524452045118524152495426 49125402540849185432541454384924 5303 53095257 5248 5312 5257 4942 4906 5256 5314 53165315 52335241 5108 5420 5320 5104 50095015502950215244 50035009510352395015 5103 4927 5003 5109 551758015817601759015573 493350255017 491749255009 5517 5521 49014941 5518 543050014909 5231 5562 5559 55665567 5426 5125 51095430520151175431 5701 55685719 TwinOaksPark SooLinePark O 0 450225Feet FILE NO.CRYST132269 FIGURE 1 PHASE 15PHASE 15LOCATION MAPLOCATION MAP Pa t h : P : \ A E \ C \ C r y s t \ 1 3 2 6 6 9 \ G I S \ M a p s \ F i g u r e 1 L o c a t i o n M a p . m x d Da t e : 6 / 1 / 2 0 1 5 Legend ProjectLimitsBorder Parcels within Project Limit (530) StreetCenterline (26874') Citylimits 7.4 2016 – Phase 15 Twin Oaks Street Reconstruction Project Process (2015-15) 429 process: Minnesota State Statute 429 outlines the process for assessments for public improvements. Date Project Step Purpose of Step Council Action Staff Action June 2, 2015 Council work session on Feasibility Report Discuss Phase 15 project and first steps of starting design. June 16, 2015 Order preparation of Feasibility Report Ordering the Feasibility Report is a required step in the 429 process. Resolution 2015 September 16, 2015 Accept Feasibility Report and Call for Improvement Hearing The engineer will present the Feasibility Report, the proposed project, an initial cost estimate and potential assessments. As part of the meeting the City Council will also set the date and time for the Improvement Hearing as required by the 429 process. Resolution 2015 Early October 2015 Neighborhood Meeting Provide a brief overview of the proposed project. Gather resident input on concerns or questions they have about the project. Mail Notices late September 2015 October 6, 2015 Improvement Hearing The purpose of this hearing is for the City Council to discuss a specific local improvement before ordering it done. The Council considers all the information in the Feasibility Report and any other information necessary for Council deliberation. At the Improvement Hearing interested persons may voice their concerns, whether or not they are in the proposed assessment area. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing. If the Council rejects the project, it may not reconsider that same project unless another hearing is held following the required notice. Public Hearing Mail notice: late September 2015 Ad in paper: Last week in September and first week in October October 6, 2015 Order Improvement and Preparation of Plans and Specifications The project may be ordered any time within 6 months after the Improvement Hearing. It is not advisable to change project parameters after ordering the improvement. Upon ordering the improvement construction drawings and specifications are prepared. Any changes to the project scope after this point will require redesign effort with additional cost and staff time as a result. This also has the potential to delay the project. Resolution 2015 January 2016 Neighborhood Meeting Present plans and specifications to the neighborhood. Gather resident input on concerns or questions they have about the project. Mail notice: Late December 2015 February 2, 2016 Approve Plans and Order Advertisement for Bids This step is a requirement of the 429 process. Resolution 2016 Mid February 2016 Publish Ad for Bid in Sun Post News Paper A step in the bidding process. The project will also be advertised on Quest CDN website Publish Ad for Bid March 8, 2016 Bid Opening – 11:00 A.M. Final step in the bidding process. Bids are opened by staff and tabulated. From here staff will make a recommendation to the City Council for award. Open Bids March 15, 2016 Declare Amount to be assessed Order Preparation of Assessment Roll and Call for Assessment Hearing The City Council will set the date and time for the Assessment Hearing as required by the 429 process. Resolution 2016 April 5, 2016 Council work session on Phase 15 Discuss Phase 15 assessments, bids, and construction process 7.4 Date Project Step Purpose of Step Council Action Staff Action April 19, 2016 Assessment Hearing The purpose of this hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. This is a required step in the 429 process. Public Hearing Mail notice: Early April Ad in paper: Early April April 19, 2016 Adopt Assessments City Council must, by resolution, adopt the same as the special assessment against the lands named in the assessment roll. This step is a requirement of the 429 process and allows for the project to move forward with beginning the actual construction process. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. Resolution 2016 Mail notice of adoption on April 20, 2016 April 19, 2016 Accept Bids and Award Contracts City Council approves all the project construction-related contracts. This step is required in the 429 process and allows for the project to move forward with starting the actual construction process. Resolution 2016 Late April – Early November 2016 Construction Once the project is awarded staff manages the day-to-day contract execution. Resident Project Representative is on-site to make sure the project is constructed in accordance to the plans and specifications. Communications between the contractor and city is primarily through the City Engineer, Project Manager and Resident Project Representative. Significant changes will be brought to the City Council for approval prior to the work being executed. Minor changes and field directives are authorized by the City Engineer in advance to maintain the project schedule. Adjustments to estimated quantities occur during the final acceptance of the improvements. Manage project October 18, 2016 Conduct Private Driveway and Sewer Service Repair Assessment Hearing and Adopt Assessment This hearing is only for the properties that chose to participate in the optional driveway and/or sewer program. Properties that went ahead with the work did agree to waive their right to appeal the assessment. The purpose of this hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. Resolution 2016 / Public Hearing November 21, 2016 Assessments Certified to Hennepin County Assessments Certified June 2017 Final Layer of asphalt placed Construction Completion The City Engineer will determine when the project specifications have been met and final payment should be made to the Contractor. Project closed out 7.4 RESOLUTION NO. 2015 - ______ ORDERING PREPARATION OF THE FEASIBILITY REPORT PHASE 15 STREET RECONSTRUCTION PROJECT #2015-15 WHEREAS, the City’s Street Reconstruction Program started in 1995; and WHEREAS, the City has completed Phases 1 through 14 of the Street Reconstruction Program; and WHEREAS, Street Reconstruction Phases 15 and 16 remain to be completed; and WHEREAS, the City Council desires to initiate the design process for Phase 15 in accordance with Minnesota State Statute 429 requirements; and WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders preparation of the feasibility report for the Phase 15 Street Reconstruction Project, Project #2015-15. BE IT FURTHER RESOLVED that the Crystal City Council hereby authorizes the Mayor and City Manager to sign the supplemental letter of agreement for professional services with Short Elliott Hendrickson, Inc. to prepare of the Feasibility Report for the Phase 15 Street Reconstruction project. Adopted by the Crystal City Council this 16th day of June, 2015. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 7.4 7.5 7.5 7.5 7.6 7.6 7.6 7.6 7.6 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 PAGE 1 OF 1 _____________________________________________________________________ FROM: Dan Olson, City Planner _____________________________________________________________________ DATE: June 11, 2015 TO: Anne Norris, City Manager (for June 16 Council Meeting) SUBJECT: Bottineau LRT – Appointments to Community Working Group At the June 2, 2015 Council Work Session, Council was informed about the creation of a Community Working Group (CWG) made up of Crystal stakeholders. This group will advise City and Hennepin County staff on creating a station area plan for the proposed Blue Line Extension (Bottineau LRT) that will fit into the surrounding neighborhood and enhance the quality of life of those working or living near the station. Suggested Community Working Group Members Hennepin County has indicated that they would prefer CWG members who live or work near the proposed Bass Lake Road station, and are able to convey the discussions of the CWG to a wider Crystal community audience. Therefore, staff suggests that Council appoint the three Council members who represent Section II and Wards 3 and 4, and also the two Planning Commission members who live closest to the proposed LRT station. In addition, staff suggests appointing the four persons who now serve on the Business Advisory Committee (BAC) and Community Advisory Committee (CAC) since they have already become familiar with LRT planning in their meetings with Metro Transit. Staff has confirmed these persons are willing to serve on the Committee. The CWG is proposed to begin meeting in September 2015 and end by February 2016. The group would typically meet once a month. Two public open houses are also planned during this period. Staff Recommendation Recommend Council appoint the following persons to the Community Working Group:  Council members Olga Parsons, Casey Peak and Julie Deshler  Planning Commission members James Einfeldt-Brown and Ron Johnson  BAC members John Slama and Denny Walsh  CAC members Gene Bakke and Justin Youngbluth COUNCIL STAFF REPORT Bottineau LRT – Appointments to Community Working Group 7.8 GE N E R A L L O C A T I O N P R O P O S E D B L U E L I N E OF R E S I DE N C E O R L I G H T R A I L T R A N S I T BU S I N E S S A D D R E S S S T A T I O N OF C W G M E M B E R HA L F M I L E R A D I U S F R O M PR O P O S E D L R T S T A T I O N 7.8 Memorandum DATE: June 16, 2015 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Gaulke Pond Study Summary With the relocation of the new public works facility, the opportunity has presented itself to evaluate repurposing a portion of the existing public works maintenance facility campus. Specific goals of the repurposing include: 1) Expansion of the water storage capability of Gaulke pond to help reduce potential local area flooding as well as reduce water storage needs upstream (especially at Memory pond) during high precipitation events. 2) Creation of a materials storage area at the site so the current storage area at Bassett Creek Park can be eliminated. This project was briefly discussed on the City bus tour in May. Staff solicited proposals from three consultants (Barr, SRF Consulting, and Stantec) for analysis and design services for the Gaulke Pond area. Barr had the lowest proposal cost while still providing an acceptable project understanding and scope of deliverables. Barr is a local engineering firm with extensive watershed experience. The timeline for the construction portion of the project is dependent on the scope of work and associated costs in order to meet the goals for the repurposing. Currently, it is anticipated that the project will take place starting in 2016 and ending in 2017. Attachments • Barr Engineering and Environmental Consultants Proposal Recommended Action Motion to approve the agreement with Barr Engineering and Environmental Consultants for the Gaulke Pond Expansion Professional Services. 7.9 7.9 7.9 7.9 7.9 7.9 7.9 7.9 7.9 7.9 7.9 RESOLUTION NO. 2015 - ______ AUTHORIZING CONTRACT FOR GAULKE POND EXPANSION STUDY WHEREAS, the City is constructing a new public works maintenance facility; and WHEREAS, the existing public works maintenance facility campus has the opportunity to be repurposed; and WHEREAS, part of this effort will include the expansion of Gaulke pond; and WHEREAS, the expansion of Gaulke pond is intended to improve a number of existing storm water management concerns; and WHEREAS, any changes to Gaulke pond may need to be reviewed by multiple regulatory agencies; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the Mayor and City Manager to sign the agreement with Barr Engineering and Environmental Consultants for the Gaulke Pond Expansion Professional Services. Adopted by the Crystal City Council this 16th day of June, 2015. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 7.9 Posted: June 12, 2015 CRYSTAL CITY COUNCIL SECOND WORK SESSION AGENDA Tuesday, June 16, 2015 To immediately follow the EDA Special Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at ______ p.m. on Tuesday, June 16, 2015 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Libby ____ Norris ____ Parsons ____ Therres ____ Peak ____ Sutter ____ Adams ____ Revering ____ Dahl ____ Gilchrist ____ Deshler ____ Serres ____ Kolb II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Overview of property maintenance code inspections prior to sale 2. Records retention policy update 3. Northwest Hennepin Human Services Council update 4. Constituent issues update 5. New business* 6. Announcements* III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 11, 2015 TO: Mayor and City Council Anne Norris, City Manager FROM: Chrissy Serres, City Clerk CC: City Attorney SUBJECT: Proposed changes to Data Practices and Records Retention Policies Policies regarding data practices and record retention require City Council approval and adoption. The City’s current data practices policy must be updated to be consistent with changes in state law. Attached is a proposed newly updated data practices policy drafted by the City Attorney’s office. The City’s current records retention schedule is in need of updating as well. The City adopted a records retention schedule years ago; however, staff is recommending adoption of the State General Records Retention Schedule rather than maintain its own schedule to streamline processes for more efficient records management. The current State General Records Retention Schedule is over 100 pages. Therefore, paper copies of the Schedule will not be provided in this packet but can be reviewed electronically at: http://www.mcfoa.org/vertical/sites/%7B067FFB58-E3CD-42BA-9FB1- 11EFC7933168%7D/uploads/General_Records_Retention_Schedule_for_MN_Cities_- _July_2013.pdf The data practices procedure changes must be updated no later than August 1 per state law. Staff requests the Council discuss the proposed changes to the data practices and record retention polices and consider approval at its meeting on July 14, 2015 to meet the August 1 deadline. 1 APPENDIX A NON PUBLIC, PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY THE CITY OF CRYSTAL The list of data types is divided into the following categories: General; Administration; Community Development; Personnel; and Public Safety. The categories are provided only for convenience in locating types of data; inclusion in any particular category is not intended to indicate an exclusive location for that data type. (E.g., data listed under Personnel may be physically located in more than one City department.) GENERAL Business Data CLASSIFICATION(S): Private/Nonpublic/Public GOVERNING STATUTE: Minn. Stat. § 13.591 DESCRIPTION OF DATA: Data submitted to the City by a business requesting financial assistance or a benefit financed by public funds are private or nonpublic data. The data becomes public when public financial assistance is provided or the business receives a benefit from the City, except that business plans, income and expense projections not related to the financial assistance provided, customer lists, income tax returns, and design, market and feasibility studies not paid for with public funds remain private or nonpublic. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. City Attorney Records CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.393 DESCRIPTION OF DATA: The use, collection, storage, and dissemination of data by the city attorney are governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the “work product” privilege is confidential. Employee Work Access: Certain Administration Department employees on an as needed basis as part of specific work assignments. Civil Investigative Data CLASSIFICATION(S): Confidential / Protected Nonpublic/ Not public / Public GOVERNING STATUTE: Minn. Stat. § 13.39 DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation, with the exception of disputes where the sole issue is the City’s timeliness in responding to a data request. Employee Work Access: Certain Administration and Police Department employees on an as needed basis as part of specific work assignments. Continuity of Operations CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.43, subd. 17 DESCRIPTION OF DATA: Personal home contact information used to ensure that an employee can be reached in the event of an emergency or other disruption affecting continuity of operation of a government entity. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Elected Officials Correspondence CLASSIFICATION(S): Private / Public GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 2 DESCRIPTION OF DATA: Correspondence between individuals and elected officials is private data on individuals, but may be made public by either the sender or the recipient. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Identity of Employees Making Complaints CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 181.932, subd. 2; 13.7905, subd. 5(b) DESCRIPTION OF DATA: The identity of an individual who reports to any governmental body or law enforcement official a violation or suspected violation by the individual’s employer of any federal or state law or rule. Employee Work Access: HR staff on as needed basis as part of specific work assignments. Internal Competitive Response CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 5, 13.37. DESCRIPTON OF DATA: A bid or proposal to provide government goods or services that is prepared by the staff of a government entity in competition with bids or proposals solicited by the same government entity from the private sector or a different government entity from the private sector are classified as private or nonpublic until completion of the selection process or completion of the evaluation process at which time the data are public with the exception of trade secret data as defined and classified in Minnesota Statutes Section 13.37. Employee Work Access: Certain Public Works and Administration staff on an as needed basis as part of specific work assignments. Internal Auditing Data CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public GOVERNING STATUTE: Minn. Stat. § 13.392 DESCRIPTION OF DATA: Data, notes, and preliminary drafts of reports created, collected and maintained by the internal audit offices of the City or by person performing audits for the city and relating to an audit or investigation; data on an individual supplying information for an audit or investigation, under specified circumstances. Employee Work Access: Certain Administration and Finance Department staff on an as needed basis as part of specific work assignments. Personal Contact and Online Account Information CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.356, 13.04, subd. 2. DESCRIPTION OF DATA: Data on an individual collected, maintained, or received by the City for notification purposes or as a part of a subscription list for the City’s electronic periodic publications as requested by the individual. This data includes telephone numbers, e-mail addresses, Internet user names and passwords, Internet protocol addresses and any similar data related to the individual’s online account or access procedures. This data may only be used for the specific purpose for which the individual provided the data. This data also does not include data submitted for purposes of making a public comment. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Requests for Proposals CLASSIFICATION(S): Private/Nonpublic/Not public/Public GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 3(b), 13.37. DESCRIPTION OF DATA: Data submitted by a business to the City in response to a request for proposals is not public data until the responses are opened. Once the responses are opened, the name of the responder is public. All other data in a response to a request for proposal are private or nonpublic data until completion of the evaluation process. After completion of the evaluation process, all remaining data submitted by responders are public with the exception of trade secret data as classified in Minnesota Statutes Section 13.37. If all responses to a request for proposals are rejected prior to completion of the evaluation process, all data, other than that made public at the response opening, remain private or nonpublic until a resolicitation of the requests for proposal results in the completion of the evaluation process or a determination is made to abandon the purchase. If rejection occurs after the completion of the evaluation process, the data remains public. If resolicitation of the proposals does not occur within one year of the proposal opening data, the remaining data become public. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Safe at Home Program Participants CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07, subd. 1(b). DESCRIPTION OF DATA: The name and address of a Safe at Home program participant that is maintained in connection with an active investigation or inspection of an alleged health code, building code, fire code, or city ordinance violation allegedly committed by a program participant. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments Sealed Bids CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to opening. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Security Information CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Data which if disclosed would be likely to substantially jeopardize the security of information possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury (as determined by the Responsible Authority). This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home and mailing addresses, telephone numbers, e-mail or other digital addresses, Internet communications services account information or similar account information, and global positioning system locations but this information may be disseminated to other volunteers participating in crime prevention programs. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Service Cooperative Claims Data CLASSIFICATION(S): Nonpublic GOVERNING STATUE: Minn. Stat. § 13.203 DESCRIPTION OF DATA: Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through Minnesota service cooperatives to Minnesota political subdivisions and survey information collected from employees and employers participating in these plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals. Employee Work Access: HR and Finance Department staff on an as needed basis as part of specific work assignments. Social Security Numbers CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.355 DESCRIPTION OF DATA: Social security numbers of individuals, or any part of a social security number Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. State Auditor Data CLASSIFICATION(S): Confidential/Protected nonpublic GOVERNING STATUTE: Minn. Stat. § 6.715, subd. 5 DESCRIPTION OF DATA: Data relating to an audit conducted by the State Auditor’s office and provided by the State Auditor for purpose of review and verification of the data, prior to publication of the final report of the audit Employee Work Access: Finance Department staff on an as needed basis as part of specific work assignments. Trade Secret Information CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Data, including a formula, pattern, compilation, program, device, method, technique or process: (1) that was supplied by the affected individual or organization; (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy; and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Utility Disconnections CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § § 13.681, subd. 6 and 216B.0976, subd. 2 DESCRIPTION OF DATA: Data on customers provided to the City by a utility regarding disconnection of gas or electric service. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. ADMINISTRATION Absentee Ballots CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 and 13.607, subd. 7 and 203B.12, subd. 7 DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge are private. Names of voters submitting absentee ballots may not be made available for public inspection until the close of voting on Election Day. Employee Work Access: City Clerk and certain Administration Department staff on as needed basis as part of specific work assignments. Assessor's Data CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.51 DESCRIPTION OF DATA: Data contained on sales sheets from private multiple listing service organizations; income information on individuals used to determine eligibility of property for classification for class 4(d) under Minnesota Statutes Section 273.126; and specified data regarding income properties. Employee Work Access: Certain County, Administration and Community Development Department staff on as needed basis as part of specific work assignments. Candidates for Election to City Council CLASSIFICATION(S): Public / private GOVERNING STATUTE: Op. Atty.Gen. No. 852, October 6, 2006; Advisory Opinion No. 05-036; Minn. Stat. § 13.607, subd. 8 and 204B.06, subd. 1b DESCRIPTION OF DATA: Data created, collected or maintained about an individual candidate for election to the City Council is public. An affidavit of candidacy must state an address of residence and telephone number. The candidate may request that the address be classified as private data by certifying that a police report has been submitted or an order for protection has been issued in regard to the safety of the candidate or candidate’s family. Employee Work Access: City Clerk and certain Administration Department staff on as needed basis as part of specific work assignments. Computer Access Data CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.15 DESCRIPTION OF DATA: Data created, collected, or maintained about a person’s access to the City’s computer for the purpose of: (1) gaining access to data or information; (2) transferring data or information; or (3) using government services. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Deferred Assessment Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.52 DESCRIPTION OF DATA: Data collected pursuant to Minnesota Statutes Section 435.193, which indicates the amount or location of cash or other valuables kept in the homes of applicants for deferred assessment. Employee Work Access: Certain Administration and Finance Department staff on as needed basis as part of specific work assignments. Federal Contracts Data CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.35 DESCRIPTION OF DATA: All data collected and maintained by the City when required to do so by a federal agency as part of its contract with the City. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Homestead Applications CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.4965, subd. 3, 273.124, subd. 13 DESCRIPTION OF DATA: Social security numbers, affidavits or other proofs of entitlement to homestead status that are submitted by property owners or their spouses. The data may be disclosed to the Commissioner of Revenue or, under limited circumstances, the county treasurer. Employee Work Access: Certain Administration Department staff on as needed basis as part of specific work assignments. Municipal Bonds Register Data CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 12, 475.55, subd. 6 DESCRIPTION OF DATA: Data with respect to the ownership of municipal obligations. Employee Work Access: Certain Finance Department staff on as needed basis as part of specific work assignments. Municipal Utility Customer Data CLASSIFICATION(S): Public / Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.685 DESCRIPTION OF DATA: Data on customers of municipal electric utilities are private data on individuals or nonpublic data. Data on customers of other municipal utilities are public. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Municipal Self-insurer Claims CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5 DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual under a self-insured health benefit plan of a municipality. Employee Work Access: Certain HR and Finance Department staff on an as needed basis as part of specific work assignments. Registered Voter Lists CLASSIFICATION(S): Confidential/Public GOVERNING STATUTE: Minn. Stat. §§ 13.607, subd. 6; 201.091 DESCRIPTION OF DATA: Information contained in the master list of registered voters. Employee Work Access: City Clerk and certain Administration Department staff on as needed basis as part of specific work assignments. Social Recreational Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.548 DESCRIPTION OF DATA: For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. Employee Work Access: Certain Recreation Department staff on an as needed basis as all or in part of specific work assignments. COMMUNITY DEVELOPMENT Appraisal Data CLASSIFICATION(S): Confidential / Protected Nonpublic / Public GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3 DESCRIPTION OF DATA: Appraisals made for the purpose of selling or acquiring land through purchase or condemnation. Data made confidential or protected nonpublic may, among other ways set forth in the statute, become public at the discretion of the City, determined by majority vote of the City Council. Employee Work Access: Certain Community Development Department staff on an as needed basis as all or in part of specific work assignments. Benefit Data CLASSIFICATION(S): Private / Public GOVERNING STATUTE: Minn. Stat. § 13.462 DESCRIPTION OF DATA: Data on individuals, corporations and/or partnerships collected or created when individuals, corporations and/or partnerships seek information about becoming, is or was an applicant for or recipient of benefits or services provided under any housing, home ownership, rehabilitation and community action agency, Head Start, or food assistance programs administered by the City. Employee Work Access: Certain Community Development Department staff on an as needed basis as all or in part of specific work assignments. Housing Agency Data CLASSIFICATION(S): Confidential / Private / Protected Nonpublic / Nonpublic / Public GOVERNING STATUTE: Minn. Stat. § 13.585 DESCRIPTION OF DATA: Correspondence between the agency and agency’s attorney containing data collected as part of an active investigation undertaken for the purpose of the commencement or defense of potential or actual litigation; income information on individuals collected and maintained to determine property tax classification eligibility; data pertaining to negotiations with property owners regarding the purchase of property. Employee Work Access: Certain Community Development staff on an as needed basis as all or in part of specific work assignments. Property Complaint Data CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 1 DESCRIPTION OF DATA: Data that identifies individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Redevelopment Data CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.59 DESCRIPTION OF DATA: Names and addresses of individuals and businesses and the legal descriptions of property owned by individuals and businesses, when collected in surveys of individuals conducted by the City or Housing and Redevelopment Authority for the purposes of planning, development, and redevelopment. Employee Work Access: Certain Community Development staff on an as needed basis as all or in part of specific work assignments. PERSONNEL Applicants for Appointment and Members of Advisory Boards CLASSIFICATION(S): Public GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3 DESCRIPTION OF DATA: Data on applicants for appointment to the City Council or a board or commission are private except that the following are public: name, city of residence (except when the appointment has a residence requirement that requires the entire address to be public), education and training, employment history, volunteer work, awards and honors, prior government service, and veteran status. Once the individual is appointed, the following additional items become public: residential address and either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee. Any electronic mail addresses or telephone number provided by the City for use by an appointee is public. NOTE: This section also applies to applicants for appointment to the city council (e.g., in case of vacancy), in addition to Minn. Stat. § 13.43. Employee Work Access: Certain Administration Department staff on an as needed basis as all or in part of specific work assignments. Employee Drug and Alcohol Tests CLASSIFICATION(S): Confidential / Private GOVERNING STATUTE: Minn. Stat. §§ 13.7905, subd. 5(c), 181.954, subd. 2 and 3 DESCRIPTION OF DATA: Results of employee drug and alcohol tests. Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Employment and Training Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.47 DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated because an individual applies for, is currently enrolled in, or has been enrolled in employment and training programs funded with federal, state or local resources. Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Examination Data CLASSIFICATION(S): Private / Confidential GOVERNING STATUTE: Minn. Stat. § 13.34 DESCRIPTION OF DATA: Completed versions of personnel and licensing examinations Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Labor Relations Information CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Management positions on economic and non-economic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position. Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Personnel and Employment Data CLASSIFICATION(S): Private/Public GOVERNING STATUTE: Minn. Stat. § 13.43. DESCRIPTION OF DATA: Data on individuals maintained because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with the City. Generally all data about people who are or were an employee, an applicant for employment, a volunteer, or an independent contractor are private, with the exceptions noted below. NOTE: This section applies to members of the city council after their election or appointment to the council. It also applies to applicants for appointment to the City Council (e.g., in case of vacancy), but not to candidates for election to the City Council, together with Minnesota Statutes Section 13.601 (see “Applicants for Appointment and Members of Advisory Boards” above.). Employee Work Access: HR staff and certain Finance Department staff on an as needed basis as all or in part of specific work assignments. Public Data - Applicants The following data on current and former applicants is public: * Veteran Status * Relevant test scores * Rank on eligibility list * Job history * Education and training * Work availability * Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) * Names of applicants for appointment to and members of an advisory board or commission. Public Data - Employees The following data on current and former employees (including council members), volunteers, and independent contractors are public: * Name * Employee identification number, which may not be a social security number * Actual gross salary * Salary Range * Terms and conditions of employment relationship * Contract fees * Actual gross pension * Value and nature of employer paid fringe benefits * Basis for and the amount of added remuneration, including expense reimbursement, in addition to salary * Job title * Bargaining unit * Job description * Education and training background * Previous work experience * Date of first and last employment * The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action * Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the City * Complete terms of any agreement settling any dispute arising from the employment relationship; except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money * Work location * Work telephone number * Badge number * Work-related continuing education * Honors and awards received * Payroll time sheets or other comparable data that are only used to account for employee’s work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee’s reasons for the use of sick or other medical leave or other non-public data. “Final disposition” of a disciplinary action: a final disposition occurs when the City makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the City, or arbitrator. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. A disciplinary action does not become public data if an arbitrator sustains a grievance and reverses all aspects of any disciplinary action. The City may display a photograph of a current or former employee to a prospective witness as part of the City’s investigation of any complaint or charge against the employee. A complainant has access to a statement provided by the complainant to the City in connection with a complaint or charge against an employee. Notwithstanding other provisions contained in Minnesota Statutes Section 13.43, subdivision 2, upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources. “Public Official” means the chief administrative officer, or the individual acting in an equivalent position, in all political subdivisions. Data relating to a complaint or charge against a public official are public only if: (1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or (2) potential legal claims arising out of the conduct that is the subject of the complaint or charge are released as part of a settlement agreement. This paragraph does not authorize the release of data that are made not public under other law. Undercover Law Enforcement Officer All personnel data about an undercover law enforcement officer is private until no longer assigned to those duties. Then, the officer is subject to the same rules applicable to other employees unless the law enforcement agency determines that revealing the data would threaten the officer’s safety or jeopardize an active investigation. Access by Labor Organizations Personnel data may be given to labor organizations and to the Bureau of Mediation Services to the extent this it is necessary to conduct elections, notify employees of fair share fee assessments, or to implement state labor laws. Employee Assistance Programs All data associated with employee assistance programs is private. Harassment When there is a harassment complaint against an employee, the employee may not have access to data that would identify the complainant or other witnesses if the data would threaten the personal safety of the complainant or witness, or subject the complainant or witness to harassment. However, summary information will be provided to the employee in order for him/her to prepare for a disciplinary proceeding that has been initiated. Peer Counseling Debriefing Data acquired by a peer group member in a public safety peer counseling debriefing is private data on the person being debriefed. Protection of Employee or Others If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person’s attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting authority. Continuity of Operations An employee’s personal home contact information may be used to ensure that an employee can be reached in event of an emergency or other disruption affecting continuity of operations of the City or other government entity, including sharing the information with another government entity. Grievance Arbitration Decisions An arbitration decision that sustains a grievance and reverses all aspects of any disciplinary action is private. Salary Benefit Survey Data CLASSIFICATION(S): Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.435 DESCRIPTION OF DATA: Salary and personnel benefit survey data purchased from consulting firms, nonprofit corporations or associations or obtained from employers with the written understanding that the data shall not be made public. Employee Work Access: HR staff and certain Finance Department staff on an as needed basis as all or in part of specific work assignments. PUBLIC SAFETY 911 Emergency Telephone Service CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 6, 403.07, subd. 3 and 4 DESCRIPTION OF DATA: Names, addresses and telephone numbers provided to a 911 system. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Ambulance Service Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.381, subd. 12, 144E.123 DESCRIPTION OF DATA: Ambulance reports/pre hospital medical care data are private data on individuals. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Child Abuse Report Records CLASSIFICATION(S): Confidential / Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (b), 13.82, subd. 8 and 9 and 626.556 DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of child abuse or neglect reported under Minnesota Statutes Section 626.556 are private data on individuals. Active or inactive investigative data that identify a reporter of child abuse or neglect under Minnesota Statutes Section 626.556 are confidential data on individuals, unless the subject of the report compels disclosure under Minnesota Statutes Section 626.556, subd. 11. Investigative data that becomes inactive under Minnesota Statutes Section 626.556, subd. 7 (a) or (b) and that relate to the alleged abuse or neglect of a child by a person responsible for the child’s care, as defined in Minnesota Statutes Section 626.556, subdivision 2 are private data. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Corrections and Detention Data CLASSIFICATION(S): Confidential / Private / Public GOVERNING STATUTE: Minn. Stat. § 13.85 DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained by a municipal correctional or detention facility, the release of which would disclose medical, psychological, financial or personal information not related to the individual’s detainment or which would endanger an individual’s life; detention data, the release of which would endanger an individual’s life, endanger the effectiveness of an investigation, identify a confidential informant, or clearly endanger the security of any institution or its population. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Crime Alert Requests CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 12 and 611A.0393 DESCRIPTION OF DATA: Contact information provided by a citizen requesting a disability accessible crime alert. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Crime Victim Notice of Release CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a), 611A.06 DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a victim’s request for notice of release and a notice of release made pursuant to Minnesota Statutes Section 611A.06. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Criminal Gang Investigative Data System CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 14, 299C.091 DESCRIPTION OF DATA: Data in the criminal gang investigative data system are confidential data on individuals as defined in Minnesota Statutes Section 13.02, subdivision 3, but are accessible to law enforcement agencies and may be released to the criminal justice agencies. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Criminal History Data CLASSIFICATION(S): Private / Public GOVERNING STATUTE: Minn. Stat. § 13.87 DESCRIPTION OF DATA: Criminal history data maintained by agencies, political subdivisions and statewide systems are classified as private, pursuant to Minnesota Statutes Section 13.02, subdivision 12, except that the data created, collected or maintained by the Bureau of Criminal Apprehension that identify an individual who was convicted of a crime, the offense of which the individual was convicted, associated court disposition and sentence information, controlling agency and confinement information are public data for 15 years following the discharge of the sentence imposed for that offense. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Data on Videotape Consumers CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 325I.02, subd. 2, 13.487, subd. 3 DESCRIPTION OF DATA: Personally identifiable information concerning a videotape consumer that a law enforcement agency obtains in connection with an action commenced by the videotape seller or provider to collect fines for overdue or unreturned videotapes or collection for unpaid videotapes. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Detention Data CLASSIFICATION(S): Private / Confidential / Public GOVERNING STATUTE: Minn. Stat. § 13.85 DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because of their lawful confinement or detainment in a correctional or detention facility, including a City jail or lockup. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Diversion Program Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 18, 299C.46, subd. 5 DESCRIPTION OF DATA: Names and identifying data concerning diversion program participants that are maintained in the criminal justice data communications network. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Domestic Abuse Data CLASSIFICATION(S): Confidential / Public GOVERNING STATUTE: Minn. Stat. § 13.80 DESCRIPTION OF DATA: Data on individuals collected, created, received or maintained by police departments pursuant to the Domestic Abuse Act. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. E-Charging Data CLASSIFICATION(S): Private/Nonpublic, Confidential/Protected Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.871, subd. 11 and 299C.41. DESCRIPTION OF DATA: Credentialing data is private or nonpublic data. Auditing data and workflow and routing data are classified as provided by other law. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. EMT or First Responder Misconduct Data CLASSIFICATION(S): Confidential/Protected Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.383, subd. 2, 144E.305, subd. 3. DESCRIPTION OF DATA: Reports of emergency medical technicians, emergency medical technicians-intermediate, emergency medical technicians-paramedic or first responder’s misconduct are considered to be confidential or protected nonpublic while an investigation is active. Except for the Emergency Medical Services Regulatory Board’s final determination, all communications or information received by or disclosed to the Board relating to disciplinary matters of any person or entity subject to the Board’s regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be closed to the public. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Explosives Use and Storage CLASSIFICATION(S): Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.6905, subd. 28a; Minn. Stat. § 299F.28 and 299F.75, subd. 4 DESCRIPTION OF DATA: Data related to use and storage of explosives by individuals holding a permit, including locations of storage, place and time of intended use of explosives or blasting agents, and place and means of storage of explosives or blasting agents. Data may be shared with a government entity or utility whose job duties require access to a facility containing explosives but may not be disclosed to anyone not directly involved in work to be completed at the site where the explosives or blasting agents are stored or used. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Firearms Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.87, subd. 2 DESCRIPTION OF DATA: Data about the purchase or transfer of firearms and applications for permits to carry firearms. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Hazardous Substance Emergency CLASSIFICATION(S): Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 27, 299F.095 and 299F.096, subd. 1 DESCRIPTION OF DATA: Information contained in hazardous materials notification reports made pursuant to Minnesota Statutes Sections 299F.091 to 299F.099. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Health Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1 DESCRIPTION OF DATA: Data on individuals created, collected, received or maintained by the city relating to the identification, description, prevention, and control of disease or as part of an epidemiologic investigation designated by the commissioner of health as necessary to analyze, describe or protect the public health. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Integrated Search Service Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.873 DESCRIPTION OF DATA: Data on individuals stored on one or more databases maintained by criminal justice agencies and accessible through the integrated search service operated by the Bureau of Criminal Apprehension. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Investigative Detention Data CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.86 DESCRIPTION OF DATA: Data created, collected, used or maintained by a municipal correctional or detention facility that, if revealed, would identify an informant who provided information about suspected illegal activities and is likely to subject the informant to physical reprisals by others. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Law Enforcement Data CLASSIFICATION(S): Private / Confidential / Public/ Non Public GOVERNING STATUTE: Minn. Stat. §§13.82, 259.10, subd. 2 DESCRIPTION OF DATA: Certain arrest data, request for service data, and response or incident data are public data. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. An audio recording of a call placed to a 911 system for the purpose of requesting service from a law enforcement, fire or medical emergency is private data on individuals, except that a written transcript of the audio recording is public, unless it reveals the identity of an individual otherwise protected under Minnesota Statutes Section 13.82, subdivision 17. Criminal investigative data collected or created by a law enforcement agency in order to prepare a case against a person for the commission of a crime or other offense for which the agency has primary investigative responsibility is confidential or protected nonpublic while the investigation is still active. Photographs that are part of inactive investigative files and that are clearly offensive to common sensibilities are classified as private or nonpublic, provided that the existence of the photographs shall be disclosed to any person requesting access to the inactive investigative file. Investigative data that consist of a person’s financial account number or transaction numbers are private or nonpublic data at the close of the investigation. Data on court records relating to name changes under Minnesota Statutes Section 259.10, subdivision 2 which is held by a law enforcement agency is confidential data on an individual while an investigation is still active and is private data on an individual when the investigation becomes inactive. Data in arrest warrant indices are classified as confidential data until the defendant has been taken into custody, served with a warrant or appears before the court, except when the law enforcement agency determines that the public purpose is served by making that information public. Data that uniquely describe stolen, lost, confiscated or recovered property are classified as either private data on individuals or nonpublic data depending on the content. Financial records of a program that pays rewards to informants are protected nonpublic data in the case of data not on individuals or confidential data in the case of data on individuals. Data on registered criminal offenders are private data on individuals. Data in missing children bulletins are public data. Data that reflect deliberative processes or investigative techniques of law enforcement agencies are confidential data on individuals or protected nonpublic data, provided that information, reports, or memoranda that have been adopted as the final opinion or justification for a decision of a law enforcement agency are public data. Booking photographs are public data. Data that would reveal the identity of persons who are customers of a licensed pawnbroker, secondhand goods dealer or scrap metal dealer are private data on individuals. Data describing the property in a regulated transaction with a licensed pawnbroker, secondhand goods dealer or scrap metal dealer are public. Orders for Protection and No Contact Orders CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 13 and 299C.46, subd. 6 DESCRIPTION OF DATA: Data from orders for protection or no contact orders and data entered by law enforcement to assist in enforcement of those orders. Data about the offender can be shared with the victim for purposes of enforcement of the order. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Peace Officer Discipline Procedures CLASSIFICATION(S): Confidential / Private / Public GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(p), 626.89, subd. 6 and 13.43 DESCRIPTION OF DATA: Investigative report made by a law enforcement agency in connection with a peace officer disciplinary matter; identities of confidential informants in such matters; identities of witnesses expected to testify in disciplinary hearings. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Peace Officer Records on Juveniles CLASSIFICATIONS(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.875, subd. 2, 260B.171, subd. 5. DESCRIPTION OF DATA: Peace officers’ records of children who are or may be delinquent or who may be engaged in criminal acts. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Reports of Gunshot Wounds CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (a), 626.53 DESCRIPTION OF DATA: A report made by a health professional concerning a wound or injury arising from or caused by discharge of a firearm or inflicted by the perpetrator of a crime using a dangerous weapon other than a firearm. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Safe at Home Data CLASSIFICATION(S): Private/nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07 DESCRIPTION OF DATA: Data regarding the process for data sharing by the Bureau of Criminal Apprehension, the secretary of state and law enforcement agencies related to the Safe at Home program is nonpublic data. Data related to applicants, eligible persons and participants in the Safe at Home program are private data. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Sex Offender HIV Tests CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5(b), 611A.19, subd. 2 DESCRIPTION OF DATA: Results of HIV tests of sex offenders must be handled in accordance with Minnesota Statutes Section 611A.19. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Sexual Assault Crime Victims CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3(e), 609.3471 DESCRIPTION OF DATA: Data that identifies a victim who is a minor, in records or reports relating to petitions, complaints or indictments made for criminal sexual conduct in the first, second, third or fourth degrees. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Undercover Buy Fund CLASSIFICATION(S): Confidential / Private / Public GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 13, 299C.065, subd. 4 DESCRIPTION OF DATA: An application to the Commissioner of Public Safety for a grant pursuant to Minnesota Statutes Section 299C.065; information within investigative files that identifies or could reasonably be used to ascertain the identity of assisted witnesses, sources, or undercover investigators; information in a report at the conclusion of an investigation pertaining to the identity or location of an assisted witness. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Use of Motor Vehicle to Patronize Prostitutes CLASSIFICATION(S): Private/Public GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3 (c) and 609.324, subd. 5 DESCRIPTION OF DATA: Notation in a driving record that the driver has used a motor vehicle to patronize prostitutes, but becomes public if the person has been convicted previously of patronizing a prostitute or another violation under Minnesota Statutes Section 609.324 or 609.322. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Videotapes of Child Abuse Victims CLASSIFICATION(S): Private / Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.821, 611A.90 DESCRIPTION OF DATA: Videotapes in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of physical or sexual abuse. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Vulnerable Adult Report Records CLASSIFICATION(S): Private / Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (l), 626.557, subd. 12(b). DESCRIPTION OF DATA: Reports made pursuant to Minnesota Statutes Section 626.557 of possible incidents of maltreatment of vulnerable adults; identities of individuals making such reports. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments.