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2010.02.16 Council Meeting PacketCITY OF CRYSTAL C.1ty Council / Special EDA Meeting Packet Tuesday, February 16, 2010 MEETING SCHEDULE 6:00 — 6:30 p.m. Citizen Input Time Conference Room A - 1S Council Work Session to receive an update from WMFRD Board Conference 6:30 — 6:55 p.m. President Hubbard and Fire Chief Room A Crandall 7:00 p.m. Regular City Council Meeting Council Chambers After Regular City Special EDA Meeting Council Council Meeting Chambers 2" Council Work Session to discuss: ® 36th Avenue - overlay and After Special EDA restriping Conference Meeting e Appreciation dinner for Room A commissions ® Other — March is Food Shelf Month 6:30 ;• Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Work Session of the Crystal City Council was held at p.m. on Tuesday, February 16, 2010 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Grimes Norris J. Moore Therres Selton Banick Anderson Crandall 'Olowman Hubbard Hoffmann L. Moore 11. Agenda The purpose of the work session is to discuss the following agenda item: 1. Receive an update from WMFRD Board President Hubbard and Fire Chief Crandall Ill. Adjournment The Work Session adjourned at p.m. GACity ClerkTounciftWork sessians\wsagenda bm 2.16.10.doe TO: Mayor and City Council FROM: Anne Norris, City Manager A-1 SUBJECT: Update on West Metro Fire District Activities Last year, West Metro adopted a communication plan which includes periodic conversations with both city councils at work sessions. West Metro Chief Scott Crandall and West Metro Board President Brian Hubbard will be at the February 16 work session to provide an update on what's going on with West Metro as well as answer any questions the Council may have. Crystal City Council Meeting Preliminary Agenda February 16, 2010 7:00 P.M. Council Chambers CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 11. AKNOWLEDGMENT The Mayor will acknowledge the following donation(s): 1. $250 from Wal-Mart Foundation to the Crystal Police Reserves 111. COUNCIL MEETING MINUTES The Council will consider the minutes from the Regular City Council Meeting from February 1, 2010. IV. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of an annual peddler's license for door-to-door sales of beef, chicken, and seafood products by David Faltin of Twin Cities Steak and Seafood; and 4. Adoption of Resolution 2010- canceling a special assessment from the 2009 Delinquent Accounts Assessment Roll. V. PUBLIC HEARING 1. The Council will receive public comment and consider resolutions regarding the use of Community Development Block Grant funds for Program Years 2009 and 2010. Crystal receives approximately $100,000 in Community Development Block Grant (CDBG) funds each year to assist income -qualified residents. In past years, this allocation has been used to pay for Crystal's participation in the Five Cities Senior Transportation program and to provide deferred home improvement loans to qualifying residents. In 2010, staff is recommending the same allocation, split between Five Cities and deferred home loans. The Council should take comments prior to approving the resolution allocating the CDBG funds. Crystal City Council Preliminary Agenda February 16, 2010 VI. OPEN FORUM (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) V11. REGULAR AGENDA 1. The Council will consider a resolution approving Dog Park Construction at Bassett Creek Park. The Parks & Recreation Commission has been working with a group of volunteers interested in developing a year-round dog park in Crystal. The Commission and dog park committee held a neighborhood meeting in January to get input on proposed plans for a dog park at Bassett Creek Park. The plans for the dog park were revised slightly based on the comments from this meeting. At its February 3 meeting, the Parks & Recreation Commission recommended approval of proceeding with a year-round dog park at Bassett Creek Park. 2. The Council will consider a resolution authorizing PIR expenditure for the purchase of a replacement Parks Department truck. The 2010 PIR includes funds to replace a Parks Department truck. Recommend approval of the purchase of this replacement vehicle. 3. The Council will consider the first reading of an ordinance amending City Code Section 1185; relating to lawful gambling. State laws regarding local approval of lawful gambling applications and permits recently changed so that local approval is only required for initial applications. In order to maintain our ability to have current contact information and other details, our ordinance needs modification. Recommend approval of the first reading of the ordinance making these revisions. 4. The Council will consider a request for an extension to remove alcohol and tobacco inventory from 5120 — 56th Ave N, submitted by Crystal Liquor & Smoke Shop; moving the deadline from February 22, 2010 to March 22, 2010. Earlier this year, the Council revoked the liquor license for the property at 5120 — 56th 56th Avenue North and required all liquor inventory to be removed from the premises by February 22. Because the business owner had been out of the country dealing with family affairs, he was unaware of this deadline until very recently. A relative in the area will be taking care of meeting the requirements of the Council's order, but cannot meet the February 22 deadline and has requested a 30 day extension. Recommend approval of moving the deadline to March 22, 2010. Page 2 of 3 Crystal City Council Preliminary Agenda February 16, 2010 5. The Council will consider the approval of the Cooperative Agreement with Hennepin County for the County Road 81 /Bottineau Boulevard project. As the Council knows, Hennepin County has been acquiring necessary parcels and easements for the County Road 81 project. Prior to awarding a contract for construction of the project, the Cooperative Agreement between Crystal and the county needs to be approved and executed. Mike Norton has reviewed the contract and recommends approval of it in concept. Steve Bubul, Bond Counsel, is still working to refine the payment schedule so it is consistent with the bonds Crystal issued for our share of the project. Recommend approval of executing the agreement. VIII. INFORMATION AND DISCUSSION The next City Council Meeting will be at 7:00 p.m. on Tuesday, March 2, in the Council Chambers at City Hall. IX. ADJOURNMENT X. MEETING SCHEDULE ON FEBRUARY 16, 2010 Tiime,,:' 6:00 — 6:30 p.m. Citizen Input Time Conference Room A 15 Council Work Session to receive an update from WMFRD Conference 6:30 — 6:55 p.m. Board President Hubbard and Fire Room A Chief Crandall 7:00 p.m. Regular City Council Meeting Council Chambers After Regular City Special EDA Meeting Council Council Meeting Chambers Y" Council Work Session to discuss: * 36thAvenue — overlay and After Special EDA restriping Conference Meeting ® Appreciation dinner for Room A commissions ® Other — March is Food Shelf Month Have a great weekend! City offices are closed Monday, February 15, in observance of the Presidents Day holiday. See you Tuesday. Page 3 of 3 CRYSTAL POLICE DIEPARTIM EN T "Service with Compassion and Integrity" TO: Anne Norris, City Manager FROM: John Banick, Chief of Police DATE: February 5, 2010 Please inform the Mayor and City Council that the Police Reserves have received a $250.00 grant from the Wal-Mart Foundation. The reserves plan to use these funds to purchase miscellaneous uniform and equipment items with these funds Thank you. Crystal City Council Meeting minutes February 1, 2010 1942 I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Monday, February 01, 2010 at 7:00 p.m., in the Council Chambers at 4141 Douglas Drive in Crystal Minnesota. Mayor ReNae Bowman called the meeting to order. ROLL CALL Mayor Bowman asked the secretary to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: COUNCIL Present: Bowman, J. Moore, Selton, Anderson, Grimes, L. Moore and Hoffmann. STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney M. Norton, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, and City Clerk J. Lewis. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. I[. SWEARING-IN CEREMONY Mayor Bowman and Police Chief Banick conducted the swearing-in ceremony for Police Officer Jonathon Wilkes. 111. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings: a) The Regular City Council Meeting from January 19, 2010; and b) The Council work session from January 19, 2010. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the minutes of the following meetings: c) The Regular City Council Meeting from January 19, 2010; and d) The Council work session from January 19, 2010. Motion carried. WC.1161116-1.7alftill 1.20 1 0.da' 1942 Crystal City Council Meeting minutes February 1, 2010 1943 IV. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; and 3. Approval of the annual appointment of assistant weed inspector to the city forester. Moved by Council Member Grimes and seconded by Council Member J. Moore to approve the consent agenda. Motion carried. V. OPEN FORUM No public comment was given during open forum. VI. REGULAR AGENDA 1. The Council considered a resolution approving city participation in Hennepin County Active Living Program. City Manager A. Norris addressed the Council. Moved by Mayor Bowman and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 10 APPROVING CITY PARTICIPATION IN HENNEPIN COUNTY ACTIVE LIVING PROGRAM Voting aye: Bowman, J. Moore, Anderson, Hoffmann, Selton, L. Moore, and Grimes. Motion carried, resolution declared adopted. 1943 Crystal City Council Meeting minutes February 1, 2010 1944 V1. REGULAR AGENDA CONTINUED 2. The Council considered a resolution authorizing PIR expenditure for the purchase of a replacement Street Department high capacity snow blower. Public Works Director Tom Mathisen addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Mayor Bowman to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 11 AUTHORIZING PIR EXPENDITURE FOR THE PURCHASE OF A REPLACEMENT STREET DEPARTMENT HIGH CAPACITY SNOW BLOWER Voting aye: Bowman, J. Moore, Anderson, Hoffmann, Selton, L. Moore, and Grimes. Motion carried, resolution declared adopted. 3. The Council considered a resolution ordering the preparation of a Feasibility Study for the County Road 81 Local Streets Project. Public Works Director/City Engineer T. Mathisen addressed the Council. Moved by Council Member L. Moore and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 12 ORDERING THE PREPARATION OF A FEASIBILITY STUDY FOR THE COUNTY ROAD 81 LOCAL STREETS PROJECT Voting aye: Bowman, J. Moore, Anderson, Hoffmann, Selton, L. Moore, and Grimes. Motion carried, resolution declared adopted. UX,, ... 0111.,k,70 Om n3.1dlg0.&, 1944 Crystal City Council Meeting minutes February 1, 2010 1945 VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) A friendly reminder that precinct caucuses will be held throughout the state on Tuesday, February 2, 2010. b) The City Council will conduct a work session on Thursday, February 11 at 7:00 p.m. in Conference Room A at City Hall. c) The next Citizen Input Time will be held on Tuesday, February 16 from 6:00 — 6:30 p.m. in Conference Room A at City Hall. d) The next City Council Meeting will be at 7:00 p.m. on Tuesday, February 16 in the Council Chambers at City Hall. VIII. ADJOURNMENT Moved by Council Member Grimes and seconded by Council Member Selton to adjourn the meeting. Motion carried. The meeting adjourned at 7:21 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 1945 CONSENT AGENDA #1 I! APPLICATIONS FOR CITY LICENSJ February 16,201( GASINSTALLER Comfort Matters Heating & Cooling 10486 Kalland Lane NE, Hanover, MN 55341 In A Vent Heating & A/C 334 Dean Ave E Champlin, MN 55316 Marsh Heating & A/C Inc 6248 Lakeland Ave N, Brooldyn Park, MN 55428 Tim's Quality Plumbing Inc 523 Central Ave, Osseo, MN 55369 Weld & Sons Plumbing Co., 3410 Kilmer Lane N, Plymouth, MN 55441 PLUMBER Doug Linden Inc. 5747 SE 57t" St. Delano, MN 55328 Groth Sewer & Water LLC 775 Tower Dr Ham -el, MN 55340 Noithwoods Plumbing Inc 31127 101st St NW Princeton, MN 55371 Tietz Plumbing 303 Lexington Ave N, New Prague, MN 56071 Tim's Quality Phunbing Inc 523 Central Ave, Osseo, MN 55369 Weld & Sons Plumbing Co., 3410 Kilmer Lane N, Plymouth, MN 55441 RM RVWN1X3!1Ek VA 4640/4640 Douglas Dr N — Richard Wilson c/o RP Mgmt (Conditional) 4041 Kentucky Ave N — Reid Kinde (Conditional) 5302 49"' Ave N — Jolul Pepera (Conditional) RENTAL — RENEWAL 4023 Adair Ave N — Nicholas Ellering 4321 Colorado Ave N — James and Alice Baker (Conditional) 4600 Colorado Ave N — Douglas Basara (Conditional) 6311 Corvallis Ave N — Brandon Bolu-1 3901 Georgia Ave N — Bruce Lehrer 4749 Georgia Ave N — Clayton/Tammy Duggan (Conditional) 4848 Jersey Ave N — Clayton/Tammy Duggan 5236 Jersey Ave N — Gary Stendahl (Conditional) 4220 Louisiana Ave N — C. Bachaus/D. Bachaus 6917 Markwood Dr N — Amir Chabold 5625 Nevada Ave N — Donna Bachaus/Chris Bacha-us 4312 Welcome Ave N — Al Stobbe Homes Inc 5509 Yates Ave N — Scott/Amanda Ficek 4300 Zane Ave N — Stephen/Lani Farrell (Conditional) 7916 32nd Ave N — Khaimraj Dasrath 6600 46"' PI N — William L Smith (Conditional) 5024 51St Ave N — Claudette Shafer (Conditional) 6921 59t" Ave N — James Pierce (Conditional) TREE TRIMMER S&S Tree & Horticultural Specialists Inc. 405 Hardman Ave. S. St Paul, MN 55075 Page 1 of 1 C"cnrryFj� RC�P'!K'YS'TjAL . ....... . . DATE: February 10, 2010 TO: Anne Norris, City Manager City of Crystal City Council FROM: Charlie Hansen, Finance Director RE: Expenditures over $25, 000 CH CONSENT AGENDA #2 Payee Description - Amount IRS Golden Valley JWC HealthPartners, Inc. US Bank Voyager Bank GAM.y\MWCh.k, .�• 25,00UN Social Security/Medicare -Federal Tax W/H P/R 1/22/10 51,221.96 December Water Costs 283,829.67 February 2010 Premiums 91,551.86 2010 Debt Service Payment 1,170,442.50 City Purchased Property - 5906 Elhurst Ave N 26,993.50 1,624,039.49 CONSENT AGENDA #3 COUNCIL STAFFREPORT a,. s=crmtj ConsentAgenda: Per, r' ICRYSTAL FROM: Trudy Tassoni, Administrative Services Coordinator 1:14� U-- � DATE: February 3, 2010 TO: Crystal City Council City Manager Anne Norris City Clerk Janet Lewis U v SUBJECT: Peddler license for U.S. Beef — Twin Cities Steak & Seafood David Lee Faltin is requesting a peddler's license from 2/17/10 —12/31/10 to go door-to-door in Crystal, selling frozen variety packs of beef, seafood, chicken, and pork from a Northstar Refrigeration refrigerated truck. He is a representative of Twin Cities Steals & Seafood Inc. A criminal history check was conducted by the Police Department. There is nothing within the investigation that would prohibit the issuance of this license. The City has contacted the Minnesota Department of Agriculture (MDA) to check for any complaints against U.S. Beef, Twin Cities Steak & Seafood Inc, or David Lee Faltin. According to the MDA, no complaints have been filed against Twin Cities Steak & Seafood Inc since the MDA licensed them last summer. In addition, The City has informed Hennepin County Environmental Health Department of this application. The City will monitor the activities of the applicant, the issuance of the renewal MDA food handler's license, and will report any complaints to the City Council. You have a partial application in your packet due to private data within it. However, a complete file will be available for review upon request. Council Action Requested As part of the Consent Agenda, approve the peddler's license for the applicant listed above, contingent upon receipt of a renewed MDA Retail Food Handler License to be in effect from 7/1/10-12/31/10, in the name of Twin Cities Steak & Seafood Inc. Attachments (copies of...): ® Peddler license application ® MDA Retail Food Handler License #20117521, issued to Twin Cities Steak & Seafood Inc (effective 7122/09-6/30/10) ® Police chiefs memo regarding background check ® City Code Section 1160; peddlers, solicitors, and transient merchants l:\ADMIN\LICENSINMApplication FormsTeddler and Solicitor\Memos to Council\Council Staff Report.Faltin for US Beef.020310.doc APPLICATION FOR LICENSE City of Crystal 4141 Douglas Drive N, Crystal, MN 55422 Telephone: (763) 531-1000 / Facsimile: (763) 531-1188 Deaf and hard of hearing callers may call Minnesota Relay at 711. 7�f P ^ .., s``WJ Applicants Name: 0,::z_�P«d Lee- F'q l / ,I / Fee:* (0100-4105) (investigation fee: 0100-4105) $ '�(O ri I' 1 d ,(:a, (including investigation fee) Home Address: 3a 30a '-' Si Home Phone: (5D7) ?Y2 - 3 tP 7 `� City/State/Zip: L46�04�,rOA I -A/1 O` V Cell Phone: Business Name: Jl'1 C1•,H je.; , kt7 t--,, ea &(,-,L Doing Business As: ' J J j c� Business Phone: (7bD 5'3 3 - <;L1 S Fax Phone: ( ) Bu Hness Address, includingZ. code: Oq ��t�r,�� pk" do P,2 tart 55 ya--Y MN Tax ID #: C19 G> (,pSa' (NOTE: you must provide a co of the confirmation letter'from the State. Federal Tax ID #: (p ��' If a Minnesota Tax ITS number is not required, please explain here and provide your social security number: I enclose the sum of�3'?s dollars to the City of Crystal as required by the Ordinances of said City and have complied with all the requirements of said Ordinances necessary for obtaining this License. I hereby make application to OPERATE AS A (select one) P1EDDLER or SOLICITOR at the above business address for the period through 1 c,9 i - IC ,subject to all conditions and provisions of said Ordinance. ADDITIONAL REQUIREMENTS 1. List of persons working for organization or business 2. Colored picture (2" x 2") of each applicant 3. Letter explaining your purpose to the City Council *Fee: $15 per day; $175 per month; $300 per year (January — December) Plus Investigation Fee = If in MN all of past 10 years: $62/151 applicant; $25/each additional applicant If out of MN any of past 10 years: $125/each applicant (fingerprinting required by Crystal Police Dept) APPLICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) Under Minnesota law (M.S. 270.72), the agency issuing you this license is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number or the Social Security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we must advise you that: o This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; a The licensing agency will supply this information only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Act, the Department of Revenue is allowed to supply this information to the Internal Revenue Service; o Failure to supply this information may jeopardize or delay the issuance of your license or the processing of your renewal application. City Use Only: JDE# Date Entered: �' 10 ic PIMS ID# �7j +�`�% ` Council Date:' Rma PERSONAL APPLICANT rN—kORTAATION Full Narne:Oa V 6,1.. e- e- - First Aliddle — Last Other names the applicant may conduct business under or answer to: Color: R LI Height:_ -qWeight:/5'� Hair Color: 81- hi Applicant's physical description: Eye Col yy Permanent Home Address: 3 90 1 . p4A Street City State Zip Code Applicant's Local Address: Street Applicant's phone number: 'U7 - ;z Give a description of the nature of the <all�,, ljl)or J-0 Name of Employer-. (/ ') Address of Employer: 5 City State Zip 71 --7q ( /J 1 1d0-5_D-_bS36 I & and the goods or services to be sold: j7d ( P 'C o ra �- lkoe. (/M/I 5_svr) 1 1 state Zip C:Ocfe Phone number of Employer: 3 3 - - - - - - — - - - - 9-0-10 - 10 Dates to conduct peddling/soliciting: 6*4u— 0-"-Ol Number of agents/employees under this company who are participating in peddling/soliciting? Supply source of goods to be sold: - / ie ('017MG17V 17CIIIIe Metbodof delivery: j Phone number Have you ever been convicted f crime or violated any municipal ordinance, other than a traffic offense? 0 ag, F] Yes oil No If yes, state the place, nature of the offense, and penalty assessed: Name up to three other cities where the applicant conducted similar business immediately preceding the date of this application. A Applicant's driver's license or state -issued identification number- -�o 0 q co 16 (-a 6-X0 37 9 f3 c, Description of vehicle to be used: Year Make Model License Plate Number Attach a recent 2" x 2" photo of yourself, showing your head and shoulders. Approved by: Police Depal-tMe,77tICity Clerk Oa �z Signature of Applicant ?-I—/0 Date of Application ):\ADMIN\LICFN SIN G\Appi ication FormsTeddler and SolicitorTeddler and Solicitor license app\Peddler—Solicitor—License_Application.doc Certifleate of con-lplianee lfIinnesota Workers' compensation Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or pen -nit to operate a business or engage in any activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Mimlesota Statutes, Chapter 176. The required workers' compensation insurance information is the name of the insurance company, the policy number, and the dates of coverage, or the permit to self -insure. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers' compensation policy must be Dept in effect at all times by employers as required by lase. II <' C a C--1 as name only if no company name must include street address) I CITY P -P -17N EOR PERMIT NO (if applicabl w 30 5-5 0 UA. L Vt� e . iti b� icy,• t ��G �J' /1 I CODE 11V1 111 > 1 VO LICENSE INFORMATION. )R CERTIFICATE WILL NOT BE ISSUED V THOU TIIj>''fDLLO you must complete number 1, 2 or 3 below. NUMBER I COMPLETE THIS PORTION IF YOU ARE INSURED: INSURANCE COMPANY NAME (not the insurance agent) rn . J 2_ ✓ _ f' 1' r ^ n A TF EXPIRATION DATE NO. 10 I -� o —a NTTTMRFR 2 COMPLETE THIS PORTION IF SELF-INSURED: I have attached a copy of the to self -insure. ) )19], 1 u NUMBE 3 COMPLETE THIS PORTION IF EXEMPT: I am not required to have workers' compensation insurance coverage because: ❑ I have no employees. ❑ I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. Sec. 176.041 for a list of excluded employees.) Explain why your employees are not covered: El Other: ALL APPLICANTS COMPLETE TRIS PORTION: I certify that the information provided on this form is accurate and complete. I authorized to si n on behalf of the business. Z If I am signing on behalf of a business, I cert that am TITLE DATE APPLICANT SIGNATUE (ma tory. N TE: If your V�'orlcers' Compensation policy is canceled within the license or permit period, you musk notify the City of Crystal by resubmitting this form. This material can be made available in different forms, such as large print, Braille or on a tape. To request, call 1-800-342-5354 (DIAL - DLI) voice or TDD (651) 297-4198. MN LIC 04 (11108) I:\ADMIN\LICENSING\Application Forms\Peddler and Solicitor\Peddler and Solicitor license app\Peddler_Solicitor_License Application.doc k. ,s kACI\i k2W i YIW AG [Gv—\—U-5-i 64 s � `-'Q P co v (S Gl d i' u�y Se rvt c t 46 1�j rimes �- o P�e s Pc'caU1 C ra Zen u6Ln GeePbc- Ti� k Citi a- l4 o -tom r � bUc11uld I i lu— �o Su 0P1y Li~ -( OF L"ry34i/ �-i- - -�Ai,� 'I ke� 0 k yoj ( ?AAkc) �(i P—e- nAri e (— Gaithersburg, MID 20878 1 -888-9-US-BEEF "This is a home solicitation sale, and if you do riot want the goods or services, you may cancel this agreement by pro written notice to the seller in person, by telegram, by mail, or by fax, and returning the entire product in the same conclit it was received. This notice must indicate that you do not want the goods or services, and must be delivered or postrT before midnight of the third business day after you receive the goods or services. If you cancel this agreement, the selk not keep all or part of any cash down payment if the product is returned unused and as in the same condition as receiv( IU 0 aj >, -+1 M 0 CU >� Ob -0 -r- n 1 0 > M A Ln i U 0 ru Qj O U r; 0 t 0 0 E :3 _0 E to 2 2- o . -r- G -+0, 0>, Feb 02 10 01:41p INSURAWCE IDENTUICATION CARD OP ID LB STATE mm COMPANY NUMBER COMPANY TRIS CARD DWST BE rMT IN THE INS== Travelers Insurance Co VM13:= AM Pxma� lm VFON Dmmm POLICY NMM&R M-FnCTVM DATE =PXRA=ON DATE 810-5682B477 01/18/10 01/18/11 YEAR X=/Holm vmtrc= XDBNTIrICATION NUM RR 2009 Chevy Colorado ICCCS19EI98130279 zx CASE OF ACCZP=-. Report all ite&idtftta AG1WCYjCOmPAffK ISSIUNG CAmO to your Agent/company an 800A an youloib1c. CRB Xnaurance obtain the 2011owifty information: Linda Proeber 262-884-0900 1- Noma and Addramm oR each driver, INSURED passenger and Witness_ TwinCities Steak & Seagood Inc. 2. Name of Tosurance Company and polAcy 267 Xentlands Blvd *3013 number for each vmblala LmvQ;kved. Gaithersburg HD 20878 CGVERAOE MB=S hM=bM LXAMILIWX INSURANCE PHE5CAXBZD BY LAW ACORD 50 M(2195) Feb 02 10 01:41p m 0 W Cd vi C,4 & V) CL (71 Eq Jq Z: Wo. ? . E CO d W X Lu X j rj cd LU, rz w �-4 W cr Loi d) tu 8 SA 0 ce, W LL go 4 LLJ z_j < ZV4 0, 99 P r- W r - w CL R 0 �13 m p.2 0 W C) & V) CL Z: Wo. ? . E CO tcSo W X Lu X E (L LU, rz w 8 Lo 0 C4Cl CY lj p.2 CRYSTAL POLICE DEPARTMENT "Service with Compassion and Integrity DATE: February 4, 2010 TO: Janet Lewis, City Clerk FROM: Chief John BanickV3 SUBJECT: SOLICITOR 1301 ��n i I have received and reviewed the information submitted for: U.S. BEEF TWIN CITIES STEAK & SEAFOOD 5604 International Parkway, New Hope, MN 55428 Phone: 763-533-1218 > DAVID LEE FALTIN There is nothing in the investigation we have conducted that would prohibit issuing a solicitor license for the above business/applicant. JJB/dkb PACHIEF\BG REQUESTS FROM CITY CLERK\Faltin—solieitor—US Beef TC S&S.doc Section 1160 - Peddlers, solicitors and transient merchants (Repealed, Ord. 2007-05) (Added, Ord. 2007-05) 1160.01 ' . Definitions. For purposes of this section, the terms defined in this subsection have the meanings given them. Subdivision 1. "Person" means any person, individual, co -partnership, limited liability company and corporation, both as principal and agent, who engage in, do, or transact any temporary and transient business in the state or city regulated by this section. Subd. 2. "Peddler" means a person who goes from house to house, door to door, business to business, street to street, or any other type of place to place for the purpose of offering for sale, selling or attempting to sell, and delivering immediately upon sale the goods, wares, products, merchandise, or other personal property that the person is carrying or transporting; the term does not include vendors of milk, bakery products or groceries who distribute their products to regular customers on established routes. The term Peddler shall mean the same as the term "hawker". Crystal City Code 1160.01, Subd. 3 (Rev. 2007) Subd. 3. "Solicitor" means a person who goes from house to house, door to door, business to business, street to street, or any other type of place to place for the purpose of obtaining or attempting to obtain orders for the sale of goods, wares, or merchandise including magazines, books, periodicals, other personal property or services of which they may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provisions if the actual purpose of the person's activity is to obtain or attempt to obt6ain orders as discussed above. The term solicitor shall mean the same as the term "canvasser". Subd. 4. "Transient merchant" means a person, whether as owner, agent consignee, or employee who engages in a temporary business out of a vehicle, trailer, box car, tent, other portable shelter, store front or from a parking lot for the purpose of displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than four consecutive days as part of four sale events each year. 1160.03. License required. It is unlawful to engage in the business of peddler, solicitor, or transient merchant in the city without first obtaining a license therefore as provided by this section, unless exempt from such license pursuant to the requirements of subsection 1160.09. In addition, no person shall conduct business as a transient merchant within the city limits without first having obtained the appropriate license from Hennepin County as required by Minnesota Statutes, Chapter 329, as amended. 1160.05. Application. Applications for a city license under this section must be filed with the city clerk on a sworn application in writing on a form provided by the city clerk. The application must contain the following information: a) Applicant's full legal name and other names under which the applicant conducts business or to which the applicant officially answers; b) Physical description of the applicant (hair color, eye color, height, weight, distinguishing marks or features); G) Complete permanent home and local address of the applicant and in the case of transient merchants, the local address from which proposed sales will be made with a letter of signed permission from the property owner; d) applicant's phone number(s); e) A brief description of the nature of the business and the goods to be sold or services to be provided; The name, address, and phone number of the employer, principal, or supplier of the applicant, together with credentials establishing the exact relationship; g) The dates during which the applicant intends to conduct business and the names of its agents conducting business in the city; h) The supply source of the goods, or property prepared to be sold, or orders taken for the sale thereof, the location of such goods or products at the time of the application, and the proposed method of delivery; Crystal City Code 1160.07 (Rev. 2007) i) A recent photograph (approximately two inches by two inches) of the applicant showing the head and shoulders of the applicant in a clear and distinguishing manner; D A statement as to whether or not the applicant has been convicted of any crime or violation of any municipal ordinance other than traffic violations, the nature of the offense, and the punishment or penalty assessed therefore; k) The names of up to three other municipalities where the applicant conducted similar business immediately preceding the date of the current application and the addresses from which such business was conducted within those municipalities; 1) The applicant's driver's license number or other acceptable state -issued identification; in) The license plate number(s) and description of the vehicle(s) to be used in conjunction with the licensed business, if applicable; n) Proof of county license (applicable to transient merchants only). 1160.07. License fee. At the time of filing the application, the license fee set by subsection 1160.19, must be paid to the city clerk. 11.60.09. Exemptions. Subdivision 1. General exemption. For the purpose of the requirements of this section, the terms "peddler, solicitor, and transient merchant" shall not apply to and shall not include the following: a) Sale of personal property at wholesale to dealers in such articles; b) The sale of papers or newspaper subscriptions; c) Calling upon residents in connection with a regular route service for the sale and delivery of perishable daily necessities of life such as food, bakery products and dairy products. This section shall also not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route; d) Calling upon residents at the request of said residents; e) A sale required by statute or by order of any court or prevent the conduct of a bona fide auction sale pursuant to law; Sales commonly known as garage sales, rummage sales, or estate sales as well as those persons participating in an organized, multi -person bazaar or flea market; g) A person issued an invitation by the owner or legal occupant of a residential premise shall be exempt from the definitions of peddlers, solicitors, and transient merchants. Exemptions from this section shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Crystal City Code 1160.09, Subd_ 3 (2nd Rev. 2007) Subd. 2. Non-profit or2lanizations and free expression exemption. Any organization, society, association, or corporation with a non-profit status approved by the state or federal government desiring to solicit or to have solicited in its name money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature of merchandise for which a fee is charged or solicited from persons other than members of such organizations for a charitable, religious, patriotic, or philanthropic purpose by going from house to house, door to door, business to business, street to street or other type of place to place, or when such activity is for the purpose of exercising that person's state or federal constitutional rights relating to the free exercise of religion or speech, is exempt from the licensing requirements of subsection 1160.03, provided there is a registration filed in writing on a form to be provided by the city clerk which contains the following information: a) Organization's name and specific cause for which exemption is sought; b) Names and addresses of the officers and directors of the organization; C) Period during which solicitation is to be conducted; d) Whether or not any commission, fee, wages, or emoluments are to be expended in connection with such solicitation and the amount thereof; and e) Names and addresses of all persons involved in canvassing efforts. Persons exercising constitutional rights may lose their exemption from licensing if the person's exercise of constitutional rights is merely incidental to a commercial activity. Professional fund raisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of subsection 1160.03. Subd. 3. Farm produce, horticultural, fireworks exemption. No license shall be required for any person to sell or attempt to sell or to take or attempt to take orders for any product grown, produced, cultivated, or raised on any farm. For the purposes of this section, "product! ' shall also mean any horticultural product grown, produced or cultivated and/or sold by any person in this state. Persons exempt under this subdivision shall register with the city as required by subdivision 2 of this subsection. The sale of fireworks shall be regulated by section 1131 of the city code. Not withstanding any provision of the city's zoning code to the contrary, no conditional use permit or zoning approvals relating to accessory uses shall be required for sales regulated by this subsection. 1160.11. Investigation and issuance. The license application for non-exempt applicants must be referred to the chief of police or delegate who must immediately conduct a CCH Investigation of the applicant as authorized by section 311 of the city code and promptly return the application to the city clerk with a recommendation. The application will then be presented to the city council. (Amended, Ord. No. 2007-11, Sec. 3) 1160.13. License requirements. Subdivision 1. The license must contain the signature of the issuing officer and show the name, address, and photograph of the licensee, the date of issuance and expiration, and the license number. Subd. 2. Duration. Each license shall be valid only for the period specified therein, and no license may extend beyond the 31" day of December of the year in which it is granted. Crystal City Code 1160.13, Subd. 3 (Rev. 2007) Subd. 3. License non -transferable. No license is transferable from one person to another. Each person involved in any activity regulated by this section shall be separately licensed even though associated with an organization licensed hereunder. Subd. 4. Identification. Licensees must wear some type of identification conspicuously showing their name and the organization for which they are working and must carry their city issued license when conducting the business or activity required to be licensed. 1160.15. Prohibited activities. Subdivision 1. Loud noises and speaking devices. A person licensed under this section may not shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks, or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell. Subd. 2. Use of streets. A person licensed or regulated under this section does not have an exclusive right to any location in the public streets, nor is such person permitted a permanent stationary location thereon. A person licensed under this section may not operate in a congested area where such operation might impede or inconvenience the public use of streets. Subd. 3. Private property. Issuance of a license under this section does not permit the license holder to conduct the licensed activity on private property without the on-going permission of the property owner or the property owner's authorized agent. If such property is conspicuously posted by the owner or person in control with a sign stating "No trespassing", or "No solicitors or peddlers" or similar language, the entry thereon by any person subject to the Iicensing or registration requirements of this section without the permission of the owner or agent shall be a public nuisance punishable as a misdemeanor. Subd. 4. Practices prohibited. No peddler, solicitor or transient merchant shall conduct business in any of the following manners: a) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right-of-way; b) Creating a direct threat to the health, safety, or welfare of any individual or the general public; C) Entering upon any residential premises for the purpose of carrying on the licensee's or registrant's trade or business between the hours of 8:00 p.m. and 9:00 a.m. of the following day, unless such person has been expressly invited to do so by the property owner or occupant thereof; d) Harassing, intimidating, abusing, or threatening a person, continuing to offer merchandise for sale to any person after being told not to do so by that person, or failing or refusing to leave the premises of the resident occupant after being told to do so by the resident occupant. 1160.17. Records. The chief of police must report to the city clerk all convictions for violation of this section. The city clerk must maintain a record for each license issued and record the reports of violation therein. 1160.19. Fee. The fees for licenses issued pursuant to this section are set by appendix IV. CONSENT AGENDA #4 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director C P SUBJECT: Resolution Canceling a Special Assessment from the 2009 Delinquent Accounts Assessment Roll. Introduction: On November 17, 2009, the owner of the property at 4742 Yates Avenue North came to City Hall to pay her delinquent utility bill. The owner had forgotten to bring the utility remittance advice with her and so a new one was printed at the front counter. The owner's daughter owns a different house on the same street and the utility remittance advice for the daughter's house was printed by mistake and the payment applied to that account. The error wasn't discovered until that cycle was billed again and both parties called in to report the error on February 3, 2010. Since the payment hadn't been applied to 4742 Yates, the delinquent amount for that account was certified to Hennepin County as a special assessment On December 1,, 2009. Discussion: Hennepin County now requires that any change to a certified special assessment be made by the same governing body that adopted the special assessment in the first place. They previously allowed city staff to make corrections like this. Balances on the city's utility billing system have been corrected, but the special assessment requires action by Hennepin County. Recommended City Council Actions: I recommend that the City Council adopt the attached resolution so that the $621.51 special assessment on 4742 Yates Avenue North can be cancelled. :4 **911011111 Lejil, UNWIM, 1 Z :is] T!111;11m 1 =W1411114 DA 4 U111AP111*01 I CIT -41010111,011 WHEREAS, The City Council approved Resolution 2009-86 Adopting an Assessment Roll for 2009 Delinquent Accounts on October 20, 2009; and WHEREAS, the assessment roll erroneously included the account of a property owner who had paid their delinquent bill; and WHEREAS, Hennepin County requires that any cancellation, reduction, abatement, or refunding of any special assessment must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal, Minnesota, hereby approves canceling the $621.51 special assessment for 2009 delinquent utilities for 4742 Yates Avenue North and directs that notice of this cancellation be submitted to the Hennepin County Taxpayer Services Department. Adopted by the City Council of the City of Crystal this 16th day of February 2010. ReNae J. Bowman, Mayor ATTEST: Janet K. Lewis, City Clerk PUBLIC HEARING #1 11CITYF9 COUNCIL STAFF REPORT �bRYSTAL CDBG Allocation for 2010 -9-7 FROM: John Sutter, City Plan ner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: February 11, 2010 TO: Anne Norris, City Manager (for February 16, 2010 Council meeting) SUBJECT: PUBLIC HEARING: Consider resolution allocating Community Development Block Grant funds Fi�IFATOCVNMNTIRT 11 The U.S. Department of Housing & Urban Development (HUD) provides assistance to local communities through its Community Development Block Grant (CDBG) program. Crystal does not receive funds directly from HUD, but it does receive a share of the funds received by Hennepin County. Crystal's anticipated CDBG allocation is $98,920 for Program Year ("PY") 2010, which runs from July 1, 2010 through June 30, 2011. This is the same amount as we received for PY 2009 allocation. The city's annual CDBG allocation peaked at $135,000 in 2001 and has since decreased by 27% (approximately 40% adjusted for inflation). The city is required to hold a public hearing on the proposed uses of the funds. Notice of the hearing is being published in the Sun Post on February 4, 2010. The City Council will hold the hearing on February 16, 2010. The following Exhibits are attached: A. Comparison of Crystal's allocation with other Hennepin County cities B. Change in Crystal's CDBG allocation, 2006-2010 C. Notice of public hearing D. Funding request - $85,220 for Deferred Home Improvement Loans E. Funding request - $40,000 for Alley'Reconstruction (both the known project for reallocated PY 2009 funds and as-yet-undete'rmined project for PY 2010 funds) F. Funding request - $13,700 for Five Cities Senior Transportation G. Funding request - $3,000 for Tenant Services (HOME Line) H. Funding request - $6,000 for Senior Community Services I. Proposed resolution reallocating CDBG funds for Program Year 2009 to add Alley Reconstruction — NOT RECOMMENDED J. Proposed resolution allocating CDBG funds for Program Year 2010 to add Alley Reconstruction — NOT RECOMMENDED PAGE 1 OF 3 W C. J. Proposed resolution allocating CDBG funds for Program Year 2010 to add Alley Reconstruction — NOT RECOMMENDED K. Proposed resolution allocating CDBG funds for Program Year 2010 similar to 2009 — RECOMMENDED BY STAFF WOOIC-TILT1.4 GUIDELINES In order to comply with the CDBG regulations, Hennepin County has implemented the following guidelines which restrict the City's flexibility in the use of its allocation. These guidelines and our strategy for compliance are as follows: ❑ At least 20% of all housing resulting from redevelopment, whether new or rehabbed units, is to be affordable to lower income persons. Because the deferred home improvement loans are only available to lower income households, 100% of the housing units receiving assistance will count as being affordable to lower income persons. u At least 70% will be spent on programs that benefit lower income persons. All proposed activities in PY 2009 would benefit lower income persons. o No more than 15% can be spent on activities that provide public services. Five Cities Senior Transportation is considered to be a public service. The requested funding level of $13,700 would be 14.05% of our allocation. STAFF COMMENTS REGARDING REQUESTS FOR 2010 FUNDS 1. Deferred Home Improvement Loans (administered by Hennepin County) $85,220 funded in PY 2009 $85,220 recommended funding in PY 2010 (no change) Detailed funding request attached as Exhibit D Since 1982, Crystal has used part of its CDBG allocation to fund deferred home improvement loans for low income households. Hennepin County administers the program for the city, as it does for nine other cities including the five cities adjacent to Crystal. Interest-free home improvement loans are made to households up to 50% of regional median income. Repayment is deferred for 15 years provided that the recipient continues to own and occupy the property. The annual allocation is supplemented by program income from repayment of previous loans. At this time, $40,000 is unspent and uncommitted to projects. 2. Alley Reconstruction $0 requested in PY 2009 $0 recommended funding in PY 2010 Detailed funding request attached as Exhibit E CDBG funds would be used to buy down the assessments of lower income, owner -occupied properties in the project area. Unfortunately, as a result of the addition of federal requirements to the project, it would likely significantly increase the total cost. This in turn would require a higher contribution from the PAGE 2 OF 3 city's storm drain utility and increased assessments for non -income -qualified homeowners and any non -homestead properties in the project area 3. Five Cities Senior Transportation (administered by the city of Robbinsdale) $13,700 funded in PY 2009 $13,700 recommended fundinq in PY 2010 (no change) Detailed funding request attached as Exhibit F The Five Cities Senior Transportation Program has requested $13,700. This activity is jointly funded by the cities of Brooklyn Center, Crystal, Golden Valley, New Hope and Robbinsdale to provide transportation to senior citizens living in these communities. Through this program, seniors and handicapped adults are transported to shopping areas, congregate dining, city -sponsored activities, etc. 4. Tenant Services (HOME Line) $0 funded in PY 2009 ($3,000 requested) $0 recommended funding in PY 2010 ($3,000 requested) Detailed funding request attached as Exhibit G HOME Line has requested $3,000. HUD rules prevent the city from spending more than 15% of its CDBG allocation on public services. This request plus the request for senior transportation would cause us to spend 17% for services thus exceeding the 15% maximum. Also, staff opinion is that the proposed services do not comprise a core function of the city. 5. Senior Community Services $0 requested in PY 2009 $0 recommended funding in PY 2010 ($6,000 requested) Detailed funding request attached as Exhibit H Senior Community Services has requested $6,000. HUD rules prevent the city from spending more than 15% of its CDBG allocation on public services. This request plus the request for senior transportation would cause us to spend 20% for services thus exceeding the 15% maximum. Also, staff opinion is that the proposed services do not comprise a core function of the city. D. REQUESTED ACTIONS Adoption of the resolution attached as Exhibit K is recommended. PAGE 3 OF 3 Hennepin County 2010 CDBG Preliminary Allocation (as of 1/4/2010) I ...... .. . Brooklyn Center $188,965 $188,965 Brooklyn Park $378,554 $378,554 o£ " $98,920' '$'10 Edina $161,303 $161,303 Hopkins $113,718 $113,718 Maple Grove $156,230 $156,230 New Hope $108,747 $108,747 Richfield $197,568 $197,568 St. Louis Park $206,455 $206,455 Subtotal $1,610,460 $1,610,460 Consolidated Pool $500,416 $500,416 Comn7unity Allocation Total $2,111,003 $2,111,003 Hennepin County Administration $315,418 $315,418 County Entitlement Total $2,426,294 $2,426,294 I E-4 Ll 4ti IN 11 u WW 0 0 > > 0 d3 4j Gos r -os crj 69 Gq cn 0 cn cOd0 < C/) 8 3 C) C) C-11 C) CD CIL C) t-� C) GS Lr) G/3 Cl) GO9 FA E9 C)tr) Lr) 00 69 69 C�, C) Os 00 Os C14 Ge 00 9 69 r20p C> Ln 609 r.9 cq 00 — cq E09 GOS r -A 9 C) clq cl� 00 C� 69 cn O 00 cA O 00 00 64) co O VA O 0 > > 0 .0 Cd cn 0 cn cOd0 < C/) 9 C) clq cl� 00 C� 69 cn O 00 cA O 00 00 64) co O VA • �' •'•` •21KC10x. • x Notice is hereby given that the City of Crystal in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing at 7:00 p.m. on Tuesday, February 16, 2010, in the Council Chambers at Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota. The purpose of the public hearing is to take public comment on housing and community development needs related to the anticipated 2010 Urban Hennepin County Community Development Block Grant (CDBG) allocation of $98,920, and the city's proposed use thereof. The City of Crystal is proposing to undertake the following activities with 2010 Urban Hennepin County CDBG funds starting on or about July 1, 2010: HENN CO ACTIVITY# PROGRAM TITLE 2.0 Deferred Home Improvement Loans* TBD Alley Reconstruction 10.0 Senior Transportation TOTAL: FINAL PROPOSED PERCENT 2009** 2010 CHANGE BUDGET BUDGET 2009-2010 $ 85,220 $ 45,220 -46.9% $ 0 $ 40,000 n/a $ 13,700 $ 13,700 0% --------------- $ 98,920 --------------- $ 98,920 --------------- no change *In addition, an undetermined amount of program income generated from previously funded Deferred Home Improvement Loans may become available for this activity. Program income occurs whenever a recipient of a deferred loan moves out or sells the property within the 15 year term of the loan. If that occurs, then the full amount of the loan is immediately due, and the recaptured funds are used to make new Deferred Home Improvement Loans. **At its February 16, 2010 meeting, the City Council will also consider a resolution reallocating $40, 000 of 2009 funds from Deferred Home Improvement Loans to Alley Reconstruction. This would result in the final 2009 budget being the same as the proposed 2010 budget. For additional information on the priorities, proposed activities, level of funding and program performance, you may contact John Sutter at 763.531.1142 or iohn.sutter6c ci.crystal.mn.us; or the Hennepin County Housing Department at 612.348.9260. Auxiliary aids for handicap persons are available upon request at least 96 hours in advance. Please call the City Clerk at 763-531-1000 to make arrangements. Deaf and Hard of Hearing callers should contact the Minnesota Relay Service at 800-627-3529 V/TTY or call 711 to be connected to a TTY. This public hearing is held pursuant to MS 471.59. Published in the Sun Post on February 4, 2010 r ;I, 1 1. City: City Of Crystal 2. Project Name: Deferred Home Improvement Loans 3. Contact Person/Phone No.: Jim Graham tel: 612-348-2235 fax: 612-348-9710 1. CDBG Funding Requested. $85,220 (needs to be same as council resolution) 2. Is this an existing CDBG-funded project? Yes. 3. Project Location: Citywide. 4. Project Description: (Describe the project in as much detail as possible, including the local needs the project will address.) Deferred no -interest home improvement loans which are forgiven if the owner lives in the house for 15 years after the loan agreement is signed. Funds are used to assist low income households in the community. This will help low income households make necessa[Y repairs that allow them to remain in their homes. This will also help to reduce the number of homes in the community with significant deferred maintenance. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Prioraties s �'Xtj e� Rental Housing Existing Housing (Rehabilitation) X First Time Homeownership Homelessness Special Needs Housing Public Service Neighborhood Revitalization Transportation Services 6. Describe anticipated results/accomplishments the project will have: (Number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The number of households served depends on the amount of funding available and the needs of each household. Accomplishments include rehabbing houses owned and occuoied by lower income households. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) Task: N/A Date: N/A Task: N/A Date: N/A Task: N/A Date: N/A Ongoing program. Loans are made as funds become available. 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $ 85.220 Prior Year CDBG Funding (for this project) $ Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) $ Municipal $ Metropolitan Council $ Private (specify) $ Other (specify) $ Project Total $ 85,220 2009 URBAN HENNEPIN COUNTY CDBG PROGRAM 1. City: City Of Crystal 2. Project Name: Alley Reconstruction 3. Contact Person/Phone No.: John Sutter tel: 763-531-1142 fax: 763-531-1188 1. CDBG Funding Requested. $40,000 (needs to be same as council resolution) 2. Is this an existing CDBG-funded project? No, 3. Project Location: Alley located in the middle of the two blocks bounded by 334_t" Avenue North, 36t Avenue North, Major Avenue and Noble Avenue. See attached map. 4. Project Description: (Describe the project in as much detail as possible, including the local needs the project will address.) project in as much detail as possible, including the local needs the project will address.) The city needs to reconstruct its alleys to preserve its neighborhoods, prevent the emergence of blight and ensure continued access to existing affordable housing in the city. New alleys are constructed of concrete, typically 12 feet wide with a W -notch" design to ensure drainage. Typically, 40% of the project costs are paid by of the city's Storm Drainage Utility or other city funds, and 60% are assessed to benefitting Properties. CDBG funds would be used to eliminate assessments for owner - occupied properties with a household income below 50% of area median income. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Rental Housing -Existing Housing (Rehabilitation) First Time Homeownership Homelessness Special Needs Housing Public Service Neighborhood Revitalization X Transportation Services 6. Describe anticipated results/accomplishments the project will have: (Number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The existing alley has deteriorated to the point where full reconstruction is required. Of the 43 houses, 34 are owner occupied 5 are renter occupied, and 3 are vacant. Of the 43 houses, 10 have either gone through foreclosure or had a foreclosure action initiated. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) Task: Income survey & environmental review completed Date: April 2010 Task: Bid award & construction start Date: June 2010 Task: Construction completed Date: August 2010 8. Budget: (Speck total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $ 40,000 Prior Year CDBG Funding (for this project) $ Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) $ Municipal (Storm Drain Utility) $ 44,000 Metropolitan Council $ Private (Special Assessments) $ 26,000 Other (specify) $ Project Total $ 110,000 u LL UjLu cr uj o.. IZ COU) Wpm uj Zj ze (0:L) Lu cr- Q� z 2010 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. City: City Of Crystal 2. Project Name: Five Cities Senior Transportation 3. Contact Person/Phone No.: Rita DeBruyn, tel 763.531.1274, fax 763.537.7344 1. CDBG Funding Requested. $13,700 (needs to be same as council resolution) 2. Is this an existing CDBG-funded project? Yes. 3. Project Location: Citywide. 4. Project Description: (Describe the project in as much detail as possible, including the local needs the project will address.) Please see attached letter and rider summary. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Rental First Time Homeownership Homelessness Special Needs Housing Public Service X Neighborhood Revitalization Transportation Services X 6. Describe anticipated results/accomplishments the project will have: (Number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) Please see attached letter and rider summary. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) ta.. Task: N/A Date: N/A Task: N/A Date: N/A Task: N/A Date: N/A Ongoing program. Service will continue as it has in prior years. 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $ 13,700 Prior Year CDBG Funding (for this project) $ Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) $ Municipal $ Metropolitan Council $ Private (specify) $ Other (specify) $ Project Total $ 13,700 City ®f Robbu-isdale 4100 Lakeview Avenue North Robbinsdale, Minnesota 55422-2280 Phone: (763) 537-4534 Fax: (763) 537-7344 www.robbinsdalemn.com TO: John Sutter, Community Planner, City of Crystal FROM: Rita DeBiuyn, Senior Program Coordinator, City of Robbinsdale DATE: January 14, 2010 SUBJECT: CDBG Request for Five Cities Senior Transportation Five Cities Senior Transportation provides older adult transportation under a 1985 Joint Powers Agreement between the cities of Brooklyn Center, Golden Valley, New Hope, Crystal and Robbinsdale. The Five Cities Senior Transportation Executive Cominittee comprised of City Managers of each of the five cities has approved the sum of $13,700.00 per city for the 2010 transportation budget. This amount is the Five Cities Transportation request for the 2010-2011 CDBG funding year. Enclosed is a copy of the 2009 cumulative statistics. You will note the City of Crystal ridership is 83 persons served and 1276 rides. Destinations included: © Shopping trips to Ridgedale, Target, Wal -Mar, Brookdale, Super Target, IK -EA 0 • Grocery shopping trips to Cub Foods and Byerly's ® Pharmacy, banking: and post office opportunities at some destinations ® City sponsored activities such as Brunch Bunch, Forum and the Fork, Seniors in Mind, Nature of Things, Donut Make You Wonder, Afternoon Vivace Conceits, Local Motion If you need additional information, please contact me at 763-531-1274. On behalf of the older residents of the City of Crystal who were served by the Five Cities Senior Transportation Project during the year 2009, thank you. cc-, Anne Norris Gene Hackett Megan Lunzer Attachment W O ''l C) m co O c0 O I- �— UI C [r to? 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LO E jj- QJ4— > t4 CI 0 QJ -aO 0 SZ 0 CL 0 L0 4- 4- to(:) � t3 00 U- 3: i 0 0 > 0 ui C7 CD C.L xn 00 0 LIJ Ll CI .0 4- >` Q LL LL t- o I C 4— -2 0 ON P,) a 0 . LO E 7 EE 0 0 0 0 L0 4- 4- to(:) D 00 04- i u 0 LIJ .0 4- >` Q LL LL o 0- 75 o LL - C) n. 4- > CL cy 0 > —C> 4- o 4- CL 0 rA) 0 V CL +- 0 In n el) ul 0 > 0 0 t- o I C 4— -2 0 ON > LO E C- r) 0 4- f- CY) LO 4- 4- to(:) D 00 04- 4- 0 LIJ .0 4- >` Q LL LL o 0- 75 o LL - C) > 0 HOME 3455 Bloomington Ave Minneapolis, MN 55407 John Sutter City Planner/Assistant Community City of Crystal 4141 Douglas Dr N Crystal MN 55422 Dear Mr. Sutter: Development Director Office Phone: 612/728-5770 Hotline: 612/728-5767 Fax: 612/728-5761 www.homelinemn.org January 13, 2010 This letter is to request funding in the amount of $3,000 from the City of Crystal's Community Development Block Grant Program to support HOME Line's services for renters. A copy of the 2010 CDBG Program Request for Funding is enclosed. Along with the CDBG Request Form, I am enclosing a one-page sheet summarizing our hotline's service to Crystal residents. HOME Line is building upon our depth of experience in serving Crystal. serving nearly 100 families a year in Crystal. Nearly 15% of our callers in Crystal are facing critical housing situations involving landlords in foreclosure. HOME Line provides valuable advice to these families that is important for stabilizing housing in Crystal. Without some funding from the communities we serve, HOME Line can no longer provide these services at this level. We would like the city of Crystal to step up and partner with HOME Line to continue our services vital to city residents. We thank you for the opportunity to submit this application. If you have any questions or need additional information, please call me at 612/728-5770, extension 107 or Mike Vraa, our managing attorney at extension 113. Sincerely, r ?' .. - /.f7 ' Beth Kodluboy Executive Director enclosures as noted Tenant Advocacy in Minnesota Renters make up nearly 2,103 households in Crystal, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose money that is rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line will provide two distinct, but related, programs as part of this grant: a tenant hotline that provides free legal advice to tenants about landlord/tenant law, a high school educational program. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. While our services are available to all renters free of charge, over 98% of our callers in Crystal are low or very -low income; over three quarters (76%) of these callers are women; 32% are racial minorities. Our programs are aimed at low-income renters, and high school students who are about to enter the rental market. Tenant Hotline The first of these programs is HOME Line's tenant hotline. The hotline began in 1992 as a service to Suburban Hennepin County residents. Today, we serve the entire state (excluding Minneapolis) and have recently taken our 120,OOOth call. Three staff attorneys and a tenant advocate work full time on the hotline along with 40-60 law student volunteers each year. This year alone, we have assisted 95 Crystal renter households. Our tenant services to Crystal have helped save tenants at least $15,000. We have also helped prevent 73 evictions in Crystal. The most common reasons Crystal residents call our hotline are repairs, evictions, questions about how proper notice to vacate is given, security deposits, foreclosures and break lease questions. The need for this service in Crystal is apparent -- Crystal residents already rely on this valuable service. Tenants living in rental units (usually single-family homes or duplexes) have been encountering a growing problem in the last 3 years: the landlord being foreclosed on. Typically, the tenant has done nothing wrong and is usually current on their rent when they are served with a notice of an impending sheriff's sale (usually within 2-3 weeks). Faced with this information, many renters simply vacate the rental unit. The law, however, probably allows them to stay in the home for 6-9 months following the sheriff's sale. Since August 2008, HOME Line's phone number has been included in all foreclosure notices and briefly explains renter's rights in these situations. The difference between leaving in 3 weeks or having an additional 6 to 9 months to find suitable new housing cannot be overstated—people find adequate and livable new housing (and may have enough time to actually buy a home if they are on a homeownership track) and the kids may be able to complete their school year. Our primary objective with renters facing foreclosures is to provide information and advice. Once the tenant understands they don't have to leave prior to the sale, they can plan their lives accordingly instead of racing to vacate in three weeks. The goal is to make sure as many tenants know this as possible. HOME Line expects to serve 15 renter households in foreclosure situations in Crystal in the next year. Since 1992, we have helped 27 renter households in Crystal deal with landlords going into foreclosure. In 2009 alone, we helped 14 renter households in Crystal facing foreclosure issues. High School Renter Education Program The second program is our high school presentation program. At Robbinsdale-Cooper High School alone, we have spoken to 13 separate classes (322 students). This award winning class (Business Economic Education Foundation and Best Prep) focuses on the things that future renters should luiow, including how to avoid evictions, how to select roommates, security deposits and understanding leases. By offering free tenant hotline services and free high school renter education programs for high school students, HOME Line has been providing needed services for those most vulnerable. HOME Line trains and works with social service providers who have contact with low-income renters, so they too can use the tenant services to solve their rental problems. ri EMT Crystal information on calls during the period 1/1/92 through I2/31/2009 Over the past eighteen years, a total of 1,567 Crystal renters have contacted HOME Line. This represents service to approximately 3,917 residents when all family members have been counted. HOME Line has helped Richfield residents recover money from their landlords. Tenants have received $10,222 back from improperly withheld security deposits and $5,690 in rent abatements (refunds for living in substandard conditions). We have also helped prevent 73 evictions in this time. HOME Line's tenant hotline receives over 11,000 calls each year. These are the top ten topics in Crystal over the last 3 years, followed by the number of calls: 1. Repairs 67 2. Evictions 55 3. Break Lease 28 4. Security Deposits 27 5. Notice to Vacate 25 6. Foreclosures 19 7. Lease Questions 11 8. Privacy/Intrusion 9 8. Infestation 9 10. Neighbor Problem 8 The vast majority (over 98%) of Crystal callers to HOME Line are very - low or low income (as defined by HUD): Callers HUD -Based Income: 1992-2009 M:eery-Low 8255 El Low 101, igh MMd. 211, Renter's Education HOME Line's High School Renter's Education Program provides advice on tenant rights and responsibilities. This free presentation covers most issues that first time renters are likely to encounter, including roommate problems, evictions, security deposits and repair problems. In the last eighteen years, HOME Line has gone to 1,026 different classes talking to 28,332 students. We have sent speakers to nearby schools, including Robbinsdale-Cooper and Robbinsdale- Armstrong. December 10, 2009 Woody Love Secretary Cheryl Fischer Member -at -Large Gene Winstead Member -at -Large Sharon Burnham Past President Board Members David Fisher Marty Guritz Sandy Hewitt Julie Holmes Rebecca Hoover Aiko Higuchi Ron Idecker Laurie Lafontaine Joy Linsday Dr. Chinyere (Ince) Njaka Senator Gen Olson Thad Standley Keith Stuessi Benjamin F. Withhart Executive Director & C.E.O Thank you for this opportunity to ask for the support of the City of Crystal in 2010. Senior Community Services is seeking $6,000 in CDBG support for its H.O.M.E. program, which provides homemaking and chore services for aging seniors in the Twin Cities west metro suburbs. Senior Community Services (SCS) is a well-respected Minnesota non-profit 501(c)(3) organization with over 59 years of experience in supporting positive aging. A broad array of services, including senior outreach and referral, care coordination, caregiver support, Medicare and health insurance counseling, homemaking and chore services and six SCS senior centers that support seniors living throughout the west metro suburbs. Senior Community Services served over 20,000 seniors in 2008. Senior Community Services helps seniors "age in place" with dignity and remain healthy, engaged, and independent for as long as possible. Programs *Transportation *Community Senior Centers *Senior Outreach *H.O.M.E. *Health Insurance Counseling *Caregiver Support Services A United Way Supported Agency s METS os Charities Review Council *'Member PCdereare Partners* SCS' H.O.M.E. (Household Services and Outside Maintenance for the Elderly) program provides seniors with affordable homemaking, lawn mowing, snow removal, and minor home repair assistance in thirteen suburban Hennepin County communities—over 27,652 hours of service to 1,075 seniors in 2008. In many cases, the availability of these services empowers increasingly frail seniors to avoid a premature nursing home placement or suffering in a chaotic, unhealthy, run-down home environment. Both for practical reasons and for reasons of human kindness, it just makes sense to help our community's seniors stay independent to their maximum potential. Thank you for your consideration of our proposal to support Senior Community Services' H.O.M.E. Program in 2010. Please let me know if you would like more infonnation or to make a site visit. Sincere , R Deb Taylor Chief Operating Officer Senior Community Services e 10709 Wayzata Boulevard, #111, e Minnetonl<a, MN 55305 o 952.541.1019 http://www.seniorcommunity.org John Sutter City of Crystal Executive Committee 4141 Douglas Drive Marvin Johnson Crystal, MN 55422 President James Crist Dear Mr. Sutter: 1stVice President Jeanette Metz I called Patrick Peters to inquire about the City of Crystal CDBG funding 2nd Vice President process on December 4, 2009. He recommended that I submit a letter stating John Lawson the need and overview of the program, along with a specific amount requested. Treasurer Woody Love Secretary Cheryl Fischer Member -at -Large Gene Winstead Member -at -Large Sharon Burnham Past President Board Members David Fisher Marty Guritz Sandy Hewitt Julie Holmes Rebecca Hoover Aiko Higuchi Ron Idecker Laurie Lafontaine Joy Linsday Dr. Chinyere (Ince) Njaka Senator Gen Olson Thad Standley Keith Stuessi Benjamin F. Withhart Executive Director & C.E.O Thank you for this opportunity to ask for the support of the City of Crystal in 2010. Senior Community Services is seeking $6,000 in CDBG support for its H.O.M.E. program, which provides homemaking and chore services for aging seniors in the Twin Cities west metro suburbs. Senior Community Services (SCS) is a well-respected Minnesota non-profit 501(c)(3) organization with over 59 years of experience in supporting positive aging. A broad array of services, including senior outreach and referral, care coordination, caregiver support, Medicare and health insurance counseling, homemaking and chore services and six SCS senior centers that support seniors living throughout the west metro suburbs. Senior Community Services served over 20,000 seniors in 2008. Senior Community Services helps seniors "age in place" with dignity and remain healthy, engaged, and independent for as long as possible. Programs *Transportation *Community Senior Centers *Senior Outreach *H.O.M.E. *Health Insurance Counseling *Caregiver Support Services A United Way Supported Agency s METS os Charities Review Council *'Member PCdereare Partners* SCS' H.O.M.E. (Household Services and Outside Maintenance for the Elderly) program provides seniors with affordable homemaking, lawn mowing, snow removal, and minor home repair assistance in thirteen suburban Hennepin County communities—over 27,652 hours of service to 1,075 seniors in 2008. In many cases, the availability of these services empowers increasingly frail seniors to avoid a premature nursing home placement or suffering in a chaotic, unhealthy, run-down home environment. Both for practical reasons and for reasons of human kindness, it just makes sense to help our community's seniors stay independent to their maximum potential. Thank you for your consideration of our proposal to support Senior Community Services' H.O.M.E. Program in 2010. Please let me know if you would like more infonnation or to make a site visit. Sincere , R Deb Taylor Chief Operating Officer Senior Community Services e 10709 Wayzata Boulevard, #111, e Minnetonl<a, MN 55305 o 952.541.1019 http://www.seniorcommunity.org tr6,@66 IN Household Outside Maintenance for Elderly A request to the City of Crystal for $6,000 in CDBG funds to suppo SeniorCommunityH.O.M.E. Program Senior Community Services Description. Senior Community Services (SCS) is a well-respected Minnesota non-profit 501(c)(3) organization with over 59 years of experience in supporting positive aging. A broad array of services, including senior outreach and referral, care coordination, caregiver support, Medicare and health insurance counseling, homemaking and chore services, transportation, and six SCS senior centers support seniors living throughout the west metro suburbs. Senior Community Services served over 20,000 seniors in 2008. By working together with caregivers and other resource providers, Senior Community Services helps seniors "age in place" with dignity and remain healthy, engaged, and independent for as long as possible. Mission. The mission of Senior Community Services is to develop, coordinate and provide services that help meet the needs of older adults and their caregivers. Date Established. Established in 1950 by community leaders representing west suburban communities, corporate partners, and the United Way, Senior Community Services is dedicated to the changing needs of seniors. SCS began operating senior centers during the 1960s and launched Senior Outreach care coordination services in 1977, quickly expanding its service area to include all of west suburban Hennepin County plus adjacent Wright County communities. In 1990, SCS added homemaking and chore services through a merger with H.O.M.E. (Household Services and Outside Maintenance for the Elderly) and also launched its innovative volunteer -based Medicare and Health Insurance Counseling (MHIC) program. Services and Areas of Expertise. Senior Community Services operates the following five programs: M Senior Outreach and Caregiver Support provides care coordination, supportive individual and group counseling, and caregiver coaching for seniors and their caregivers as they experience difficulty in remaining independent. Senior Outreach licensed social workers help assess strengths and needs, explain options, and link seniors and caregivers to needed supportive services and resources, including housing, financial assistance, home health care, respite, caregiver support, homemaking services, transportation, and much more (1, 487 seniors and caregivers served in 2008). Medicare and Health insurance Counseling (AMIC) uses trained volunteers to guide seniors and caregivers to choose appropriate coverage from Medicare, Medicare supplement, and Part D plans and resolve insurance claims (1,108 seniors and caregivers in 2008). H O.M.E. (Household and Outside Maintenance, for Elderly) provides reliable and affordable homemaking, minor repairs, exterior home maintenance, yard work, and snow removal. Services are provided on a sliding fee basis to help seniors remain in their homes in dignity and safety (1, 075 seniors served in 2008). Senior Venters (six centers located in St. Michael, Delano, Mound, Minnetonka, Monticello, Plymouth, and a community based program in Wayzata) directly provide a broad array of senior education, prevention, safety, wellness, and recreation programs. Trips, dining options, caregiver education and support groups, and volunteer opportunities provide additional enhancements to seniors' quality of life (17,127 seniors served in 2008). Staff Capacity. Senior Community Services is governed by a 24 -member board of directors including several city mayors, a state senator, retirees, and representatives from the business, financial and health care sectors. Daily agency operations are managed by Ben Withhart, Executive Director. Withhart holds an MBA and has been with SCS for 33 years. He oversees a staff of 33 FTE to carry out SCS' programs. SCS also relies heavily on over 6,800 community volunteers who contribute an amazing 93,000 hours of service each year, doing work equivalent to an additional 45 full-time staff. Retirees, professionals, and corporate, civic, and faith -based groups all volunteer their time to help SCS meet the needs of seniors in their communities. Goal. The vision of Senior Community Services is to enhance the independence, involvement, opportunities, and quality of life of older adults. Description of the H.O.M.E. Program. The H.O.M.E. program originally had its roots as a school-based volunteer program that matched students to elders needing help with raking and other chores. Today, H.O.M.E. provides affordable homemaking and chore assistance to seniors in thirteen Hennepin County communities — Bloomington, Brooklyn Center, Crystal, Eden Prairie, Edina, Golden Valley, Hopkins, Minnetonka, New Hope, Plymouth, Richfield, Robbinsdale, and St. Louis Park. Services provided include: • Homemaking (dishwashing, laundry, grocery shopping, meals and cleaning) ® Lawn mowing ® Snow removal ® Interior and exterior painting ® Seasonal outdoor work (raking, pruning, weeding, mulching) ® Minor repairs (leaky faucets, door handles, replace light bulbs) ® Disability -related projects (for example, installing grab bars) 2 It seems like every day we hear about people loosing their homes to foreclosure. It is frustrating that there really isn't anything we can do to help these folks. There is another group of our neighbors that could lose their homes this year, not to foreclosure but to the inability to care for their homes. This is a group we can help stay in their homes through supporting the H.O.M.E. program. The H.O.M.E. services help seniors stay in their homes and apartments in dignity and safety. H.O.M.E. services meet seniors' special needs because H.O.M.E. is a trusted provider and because our services are available on a fair and affordable sliding fee scale. Over 80% of H.O.M.E. clients are unable to pay the full cost of services. For them, H.O.M.E. is a lifesaver that helps them age with dignity in their own homes. Community Need. In less than two years, in 2011, the large baby boom generation - born between 1946 and 1964 - will begin to turn 65, and for the next 25 years, the aging of the population will dominate the demographic landscape. The aging of Minnesota's population mirrors national trends. By 2030, the number of Minnesotans over the age of 65 will double to 1.2 million. Suburban Hennepin County is experiencing the fastest and largest growth of the senior population in the entire state. Approximately 87,500 seniors (persons age 65 or older) live in suburban Hennepin County accounting for over 71 % of Hennepin County's elderly population. SCS constantly strives to counteract the persistent and erroneous stereotype that this large suburban elderly population is comprised of the "young -old" who are physically and financially well off. Fifty-nine percent of H.O.M.E. clients are below 200 % poverty and 57% are over 80 years old. Most seniors wish to remain independent and studies have shown that the cost of independence is substantially lower than the cost of nursing homes. For example, the cost of home care services can cost up to $7,500 compared to $57,000 for one year in a nursing home. According to Hennepin County GAPS Analysis, home-based services - including homemaking and chore services - are deemed the most critical needs in order for frail elders to remain out of nursing homes. Community Benefits. As seniors age into their mid to late 70s and begin to "slow down a little," they often struggle with routine homemaking tasks: dishes, vacuuming, and laundry, for example. Outside maintenance such as mowing, yard cleanup, and exterior painting are even more difficult to keep up with. Both for emotional ("I should be able to take care of things myself') and financial reasons, many seniors have trouble addressing this growing need. Market -rate in-home professional help is simply out of reach for the low- or moderate -income seniors who make up most of the west suburban senior population. One of two undesirable scenarios is often the result: The senior tries to hide or perpetually struggles with the problem as their interior environment, house and yard become increasingly dirty, chaotic, unsightly, and even unhygienic. A family caregiver shoulders the enormous burden of doing the work of both their parent's household and their own — sometimes traveling a great distance to do so and still feeling bad about the level of cleanliness and order they are able to provide. Even where there are some financial resources from either the senior or a caregiver, seniors who have always been independent often feel fear or lack of trust at the idea of letting a stranger into their home. The result of all this can be that seniors who are otherwise healthy and functional enough to stay independent in their own home or apartment feel prematurely forced into an assisted living situation or even a nursing home. In H.O.M.E.'s annual survey, 85% of respondents listed their "physical inability to do the work" as their number one reason for seeking H.O.M.E. services. The next two highest reasons listed were "trust in the H.O.M.E. workers" and "unable to afford other services." Sometimes, all it takes for seniors to continue living on their own is a little help with the inside and outside chores. That's where SCS' H.O.M.E. program can help. City of Crystal Benefits. According to recent Census data, the City of Crystal's senior population age 65 and older is 14% of the total population in the city. This number is expected to grow and the need for senior services will increase. The H.O.M.E. Program has been a trusted provider to the senior residents of the City of Crystal. We believe the city's support of the area's elderly population through the work of the H.O.M.E. Program is a worthwhile component in the overall strategy of providing for seniors and preserving Crystal's housing stock. Number of Seniors Served: H.O.M.E. provided 27,652 hours of homemaking and home maintenance services to 1,075 seniors throughout suburban Hennepin County in 2008. As of December 7, 2009, 2,110 service hours were directed toward 65 senior residents in the City of Crystal. In 2010, as the number of seniors continues to grow in the City of Crystal, we anticipate increasing the number of seniors served by 5%. CONSlEQIMNClES If SCS did not receive the full amount of funding requested, many of the elderly would live in a home that is not up to their own standards or the community's standards, or they could prematurely move to a nursing home. ��, I isfulaiiialu! �R� In-Mnd Contributions. In-kind space is provided to the H.O.M.E. Program by Creekside Community Center for the H.O.M.E. South office and by the Minnetonka Community Center for the H.O.M.E. West office. Program Volunteers. Volunteers are extremely valuable; extending the services far beyond what the professional staff alone could provide. Use of volunteers keeps program costs down. Last year, 5,172 H.O.M.E. volunteers contributed 9,168 hours of service. They helped with lawn mowing, spring/fall yard clean up and some painting projects. Alternative Programs. There are for-profit agencies that provide homemaking and home maintenance services to the senior residents of Crystal, but many seniors cannot afford these services. H.O.M.E. provides services based on a sliding fee scale. The H.O.M.E. Program is part of an array of services offered by SCS and its many partnerships. This insures that SCS provides an integrated service system for every elder, regardless of that person's entry point into SCS services. Thank you for your consideration of this application to support Senior Community Services H.O.M.E. program in 2010. With the support of the City of Crystal, Senior Community Services can continue to empower seniors in our community to stay healthy, safe, and independent to their maximum potential—regardless of their ability to pay. We believe our seniors and our communities deserve no less. Thank you for your interest in Senior Community Services and for your interest in the health and happiness of the seniors we serve. Attachments: * 501 ( c ) 3 Letter * 2009 H.O.M.E. Budget (2010 in progress) CITY OF CRYSTAL RESOLUTION 2010 - RESOLUTION ADJUSTING THE ALLOCATION OF 2009 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS WHEREAS, on February 17, 2009, the City of Crystal adopted Resolution 2009-19 which approved the use of Urban Hennepin County Community Development Block Grant ("CDBG") Program Year 2009 funds for specific activities, including $83,780 subsequently increased to $85,220 for Deferred Home Improvement Loans; and WHEREAS, $40,000 of the funds allocated to Deferred Home Improvement Loans remains unspent and uncommitted to projects, and no less than an additional $6,308 will be available for that activity due to program income in the form of repayment of previously issued loans; and WHEREAS, at a public hearing on February 16, 2010, the Crystal City Council considered whether to use CDBG fiinds for Alley Reconstruction. BE IT RESOLVED that the Crystal City Council finds that the city's housing and community development needs would be better met by using unspent and uncommitted Program Year 2009 funds for Alley Reconstruction instead of Deferred Home Improvement Loans. BE IT FURTHER RESOLVED that the Crystal City Council hereby reduces the allocation for Deferred Horne Improvement Loans by $40,000, and adds a new activity to the Program Year 2009 budget titled Alley Reconstruction and allocates $40,000 thereto, so that the CDBG budget for Program Year 2009 is modified to read as follows: HENN. CO. PROGRAM BUDGET ACTIVITY # TITLE AMOUNT 2.0 Deferred Home Improvement Loans $ 45,220 TBD Alley Reconstruction $ 40,000 10.0 Senior Transportation $ 13,700 ------------ TOTAL: $ 98,920 BE IT FURTHER RESOLVED that, if the City Manager finds that CDBG funds cannot feasibly be used for Alley Reconstruction, then the City Manager is authorized and directed to adjust this budget so $40,000 is moved from Alley Reconstruction to Deferred Home Improvement Loans. BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and City Manager to execute any necessary documents to implement the changes described in this Resolution. ADOPTED this 16th day of February, 2010. ReNae J. Bowman, Mayor G161acw Janet Lewis, City Clerk CITY OF CRYSTAL RESOLUTION 2010 - RESOLUTION APPROVING PROPOSED USE OF 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING SIGNATURE OF THE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Crystal, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant ("CDBG") program; and WHEREAS, the City of Crystal has developed a proposal for the use of 2010 CDBG program funds made available to it; and WHEREAS, the City of Crystal held a public hearing on February 16, 2010 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of its $98,920 from the 2010 CDBG program. BE IT RESOLVED that the Crystal City Council approves the following projects for funding from the 2010 CDBG program and authorizes submittal of the proposal to Hennepin County. HENN. CO. PROGRAM BUDGET ACTIVITY # TITLE AMOUNT 2.0 Deferred Home Improvement Loans $ 45,220 TBD Alley Reconstruction $ 40,000 10.0 Senior Transportation $ 13,700 ------------ TOTAL: $ 98,920 BE IT FURTHER RESOLVED that, if the City Manager finds that CDBG funds cannot feasibly be used for Alley Reconstruction, then the City Manager is authorized and directed to adjust this budget so $40,000 is moved from Alley Reconstruction to Deferred Home Improvement Loans. BE IT FURTHER RESOLVED that if the final amount of 2010 CDBG funds available to the city be different from the preliminary amount provided to the city, then the City Manager is authorized and directed to adjust project budgets to reflect an increase or decrease in funding. BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2010 CDBG program. ADOPTED this 16th day of February, 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk CITY OF CRYSTAL RESOLUTION 2010 - RESOLUTION APPROVING PROPOSED USE OF 2010 URBAN HENNEPIN COUNTY COMM -UNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING SIGNATURE OF THE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Crystal, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant ("CDBG") program; and WHEREAS, the City of Crystal has developed a proposal for the use of 2010 CDBG program funds made available to it; and WHEREAS, the City of Crystal held a public hearing on February 16, 2010 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of its $98,920 from the 2010 CDBG program. BE IT RESOLVED that the Crystal City Council approves the following projects for funding from the 2010 CDBG program and authorizes submittal of the proposal to Hennepin County. 9 HENN. CO. PROGRAM BUDGET ACTIVITY# =E AMOUNT 2.0 Deferred Home Improvement Loans $ 85,220 10.0 Senior Transportation $ 13,700 ------------ TOTAL: $ 98,920 BE IT FURTHER RESOLVED that if the final amount of 2010 CDBG funds available to the city be different from the preliminary amount provided to the city, then the City Manager is authorized and directed to adjust project budgets to reflect an increase or decrease in funding. BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2010 CDBG program. ADOPTED this 16th day of February, 2010. ReNae J. Bowman, Mayor FA -84=6 Janet Lewis, City Clerk REGULAR AGENDA #1 TO: Mayor and Council Members Anne Norris, City Manager FROM: Rick Rauen, Park Superintendent Gene Hackett, Recreation Director Tom Mathisen, Public Works Director SUBJECT: Dog Park at Bassett Creek Park Background For several years, the Crystal Park & Recreation Commission has been discussing the possibility of an off -leash dog park located somewhere in the City of Crystal. A sub- committee was formed, charged with the task of investigating existing dog parks and to look for potential sites in Crystal. After investigation, a number of sites were considered but for a variety of reasons a permanent off -leash area never transpired. In the meantime, four hockey rink sites (including Bassett Creek) were designated as temporary off -leash sites during the summer season. During the winter, an area between the two ballfields at Bassett Creek Park was fenced to fulfill the need. At the September 2009 Park Commission meeting, a group of dog park enthusiasts urged the Commission to make the Bassett Creek rink site a permanent facility. The Commission agreed to support this initiative and asked the group to organize themselves and start raising additional funds. They have done so and apparently have already raised an additional $4,000 to purchase fencing materials and cover other expenses. When combined with the approximately $2000 raised for an off -leash park in 2004, there is over $8000 of donated monies for this grass roosts initiative. Plans were drawn for an expanded site that included the Bassett Creek hockey rink, former recreational rink and an area to the east of the hockey rink (Attachment A). A neighborhood meeting was held on January 9, 2010 at the park. Most attendees were supportive of the facility. The negative comments concerned the size and proximity to homes on Welcome Avenue North (Attachment B). The Dog Park Committee reviewed all the comments and revised the park plan to accommodate some of thee concerns. Attachment C is the final recommendation to the Park and Recreation Advisory Commission. Discussion The Park and Recreation Commission made this project a priority in their work plans over the past 5 years. The Bassett Creek site offers the opportunity to establish this facility that would fill a void in the park system and offer the means for dog owners to exercise their pets, thus potentially decreasing the number of unleashed dogs in other parks. The dog owners involved in the committee have been instrumental in fund raising for this facility as well as developing policies and policing the facility. Because of these fundraising efforts, the City will not have any expenditure for construction materials. The Public Works Department would provide the labor only and there is a strong group of volunteers eager to assist with the construction in any way possible. The initial construction materials will largely come from the funds raised by the dog park volunteers. The City will contribute approximately $4,000.00 from 2010 budgeted funds to complete the materials list, including landscaping. Anticipated expenses for the off -leash area include: Fence material ............................................. $5800 (donated funds) Landscaping inside the off -leash area......... $500 (donated materials & funds) Landscaping to screen the area .................. $4,000 (City funds) Mutt Mitts ..................................................... $250 (already being paid with general operating funds) Maintenance ................................................ off -set by volunteer labor and savings from current costs of maintaining two ice rinks Annual operating costs will not be much different from current costs to maintain in and around a hockey rink both winter and summer. Long term there will be costs to maintain the fence and gate equipment, but it will be minimal compared to the overall Parks Department budget and the public benefit from the park. Park and Recreation Commission Review After reviewing and discussing the revised plan and cost estimates for a dog park at Bassett Creek (Attachment C), at the February 3, 2010 regular meeting of the Park and Recreation Commission, the following motion was made: Moved by Ms. Sodd and seconded by Mr. Jungroth to recommend to the City Council that the final plan for the dog park at Bassett Creek Park be accepted and construction commence when sufficient fund raising has occurred to cover the cost of the materials needed. Motion Carried — unanimous. Voting in favor: Sodd, Jungroth, Merriam, Kalvik, Schuneman and Haney. Recommendation Staff requests that the City Council approve the attached resolution (Attachment D) and direct staff to move forward on the purchase of materials to construct the dog park at Bassett Creek and to work with the Dog Park Committee and the Park and Recreation Commission to finalize park policies. Attachment A Original Dog Park Plan Attachment B Dog Park Neighborhood Meeting Comments Attachment C Revised Dog Park Plan Attachment D Resolution ATTACHMENT A ATTACHMENT B: Dog Park Comments from Meeting on 1/9/10 GENERAL COMMENTS Completely support every aspect of newly proposed dog park - 4 Love this dog park, saves my sanity with my golden retriever with lots of energy Please approve the dog park, we come everyday Concerns are size, noise, smell, health & safety Great spot for people & dogs to gather Self policed very well Lots of people watch dogs from outside and interact w/people inside Wonderful for dogs, better for people Wonderful sense of community, new people come to park everyday! Didn't know I had such great neighbors, people & dogs Great selling point for city Lived here for 30 years, always had dogs Dog park is highlight of dogs life! We live directly across from the park & think expanding is a great idea, great use of space Not worried about our child's safety or property value, we're dog people/lovers In our observations, the space is used minimally, kids sliding occasionally Live in apartment and this is where my dog gets his exercise Completely support dog park, look forward to enjoying larger area Have one child & never had a concern bringing her to the current dog area Asian garden would be recognized as non lucid Area only used occasionally by teens a couple times a year Dogs would use daily, owners grateful Children love the dogs All for dog park! Good for dogs & people Builds better & closer community & brings people together Dogs become better socialized and are more well behaved SITE PLAN Smaller dogs need place to play away from larger dogs if intimidated Proposed park looks great Superb concept, will present an outlet for stress & create a fabulous exercise facility A nice addition to the neighborhood, love it! Area is not used by other groups, in favor of much needed expansion for dogs In favor of existing plans Nice to add a few more shade trees to plan Move it back from hill on the north More fence away from sliding hill, away from sidewalk area Five foot fence all around the dog park & flood lights on until 10pm Not pretty to look at Dog park in hockey rink for 2 years & working great, no reason it needs all the open skating area SIZE More room is needed to accommodate pets Making park smaller would only be temporary fix Make it as big a space — neighbor concern will allow Make dog park smaller than now planned Would be happier if you took suggestion made to double the size of hockey rink for the dog park Do not want a permanent dog park, if we must have, please don't make it as big as proposed Need a larger area, greatly appreciated! In favor of expanding, much too small as is & cutting size of new plan would be huge mistake Strongly support expanding as large as city will allow Dog park directly in front of our house & would appreciate not expanding above the north fence & further east of hockey rink. Limit park to no more than double size of present rink I bring our dog to other cities that have larger park as this one unsafe (size) Strongly in favor of much larger dog park, happily settle for proposed area! Boundary lines encompass too much area. Lines should move in 30' on north side & 70' on west side SAFETY Dog area great for neighborhood, keeps it safe FEES As a non resident I would be willing to pay a fee for dog park use. NOISE There is less noise & barking at this dog park than in neighbor's backyard ATTACHMENT C RESOLUTION NO. 2010 - RESOLUTION APPROVING THE CONSTRUCTION OF AN OFF -LEASH DOG PARK AT BASSETT CREEK PARK WHEREAS, there exists a need for a safe and accessible area for Crystal residents and their dogs to be able to recreate in a contained and controlled environment; and WHEREAS, the Crystal Park and Recreation Commission has studied the creation of an off -leash dog park in Crystal for many years; and WHEREAS, the Commission established several temporary off leash areas in the community to gauge the interest, use and potential problems of such a facility. WHEREAS, an active citizen community has been formed and raised funds for the construction of a permanent dog park in Crystal; and WHEREAS, a plan was presented for public comment and revised; and WHEREAS, the Park and Recreation Commission moved to recommend approval of a permanent dog park at Bassett Creek Park. NOW, THEREFORE, BE IT RESOLVED, that the Crystal City Council hereby approves the construction of a dog park at Bassett Creek Park per the site plan shown in the drawing labeled Attachment C. Adopted by the Crystal City Council this 16th day of February, 2010. ReNae Bowman, Mayor ATTEST: Janet Lewis, City Clerk REGULAR AGENDA #2 Memorandum To: Tom Mathisen, Public Works Director From: Rick Rauen, Parks Superintendent ' 4 i Date: February 3, 2010 ; Re: PIR 5064 ... New Parks Truck & Snow Plow I'm requesting PIR funds (#5064) in the amount of approximately $36,000 for the purchase of a new Chevrolet Silverado 3500 HD pickup truck & snow plow to replace unit #110 which was auctioned off in 2009. The Chevrolet 3500 HD will be purchased from Thane Hawkins Polar Chevrolet using State contract #442495. The truck is a standard 4 wheel drive pickup with a regular cab and 8 foot box. The cost for this is approximately $24,404.05 plus tax. This unit deeds to be ordered by February 19, 2010. A Tommygate will be installed on the pickup, replacing the standard tailgate. This will be purchased and installed from Aspen Equipment. The cost of the installed lift gate is about $3,200 and is included in the State contract #440961. A Boss 9 -foot Super Duty snow plow will also purchased and installed on the above truck. The plow will be purchased from and installed by Aspen Equipment. The cost of the plow, installation, and extra cutting edge will be approximately $4,964.00. This is also included in State contract #440961. To summarize: Chevrolet Silverado 3500 HD pickup (Polar Chevrolet) ..... $24,404.05 + tax Boss snow plow & cutting edges (Aspen Eq.) ..................... $4,964.00 (approx.) Tommgate lift (Aspen Eq.) .................................................. $3,164.43 Estimated Total (+ additional sales tax) ........................... $32„532.48 Thank you. ANON 11 1010110,0121 VIE, VeRAIM i WHEREAS, the City Manager's office has reviewed and recommends approval of said appropriation; and WHEREAS, the appropriation is included in the Parks 2010 PIR Capital Budget (#5064); and WHEREAS, the former Unit #110, a 1994 Chevy pickup truck had lived out its useful life to the City, and was sold at public auction the fall of 2009; and WHEREAS, the City Council hereby acknowledges: 1) A pickup truck and plow represent a benefit to the City and are consistent with the City's long range goals, programs and policies. 2) The most suitable source of funding is the PIR Fund; and WHEREAS, the City will purchase through a combination of the competitive State bidding process (Contract #442495, truck) and a competitive quoting process (lift gate and plow). NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby appropriates $24,404.05 plus tax for the purchase of a 2010 Chevrolet 3500 HD truck from Polar Chevrolet, and the plow and lift gate from Aspen Equipment for $4,964.00 and $3,164.43 respectively, plus tax; for a total amount of $32,532.48, plus tax. Adopted by the Crystal City Council this 16th day of February 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk I:pubworks/equipment2010/parks pickuplOres REGULAR AGENDA #3 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 M. (612) 337-9300 telephone (612) 337-9310 fax http://www.Icennedy-graven.com 1/ D U' 1 :._t-111-40 TO: Crystal City Council FROM: Michael T. Norton City Attorney DATE: December 21, 2009 RE: Charitable Gambling Statutory Revisions In reviewing the Legislature's changes to Minnesota Statutes Chapter 349, I wanted to update the Council on major change relating to City of Crystal authority. Previously, we could "renew" the local permit for entities licensed by the State; however, revisions to Minn. Stat. §§ 349.155 and 349.16 provide that the State license, once issued, is perpetual. Thus we can't require an entity licensed by the State to renew its license or to be re -approved, or to conduct an annual investigation. However, we still have the local approval authority, including conducting an investigation and charging the fee, for an entity licensed by the State for an initial premises permit. So for a newly licensed entity approved by the State, or for a new premises permit we still are able to assert local approval and investigative authority. In looking at our City Code, Lawful Gambling §§ 1185.01-.15, it appears that §§ 1185.03 and 1185.17 need revision due to the above discussion. We currently don't regulate exempt charitable gambling specifically in the City code. However, we can require an annual local permit for organizations conducting charitable gambling exempt from State authority for licensure purposes and meeting Minn. Stat. § 349.166, subd. 2, e.g., bingo, raffles, paddlewheels, tip boards, and charge an annual $100 fee. The Council currently approves requests from these exempt entities -whether we charge a fee is a policy decision. The Council should consider an amendment specifically authorizing the council to grant these permits in our code, and not rely on the general authority to regulate found in Chapter 349, even if no fee is charged. Finally, the State has also revised how it regulates the licensed entities in terms of expenditure of gross profits on lawful purposes. After July 1, 2009, each entity will receive a rating depending on its over all percentage of contributions made for lawful purposes, ranging from a five (5) star rating for 50 percent or more of its gross to one (1) star rating for contributions of less than 20 361867v2 MTN CR205-30 percent. An entity with less than a 30 percent expenditure is placed on probation and must exceed 30 percent at the end of the one year probationary period or face suspension and/or a civil penalty of up to $10,000. The board now has the ability to consider "unique factors or extraordinary factors" which relate to the failure not to meet the required profitability. 361867v2 MTN CR205-30 THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code, Section 1185 is hereby amended to read as follows: 1185.01. Lawfirla� mbling. Subdivision 1. General rule. Pursuant to the provisions of Minnesota Statutes, section 340A.410, subdivision 5, as amended, lawful gambling may be conducted on premises licensed for the sale of intoxicating liquor by organizations licensed by the ehar-itable gambling control board (board) under Minnesota Statutes, seetie„., 349.11 to 349.213 Chapter 349, as amended, when a premises permit or bingo hall license, if required by law, ther-efer has been issued by the board. Non-profit organizations licensed by the board may conduct lawful gambling on the licensed premises or adjoining rooms of on sale liquor establishments provided the gambling is in compliance with the law Chapter 349, as amended, and the requirements of this section are eemplied with. Subd. 2. Expanded premises for lawfulage mblin. Notwithstanding anything to the contrary in section 1185, lawful gambling may be conducted on any premises for which the organization obtains a premises permit from the board. Lawful gambling conducted on any premises other than a licensed on sale liquor establishment is subject to all the terms and conditions of section 1185, except that (a) references to on sale establishments are deemed to include any other premises for which a lawful gambling premises permit has been issued, and (b) lawful gambling may be conducted on such premises only between the hours of 11:00 a.m. and 12:00 midnight on any day. 1185.03. City review. Subdivision 1. Ci1y investigation. tom. Upon receipt of an application for a an initial premises permit or bingo hall license ^r fenewal th and payment of the investigation fee required by subsection 1185.17 the city manager will refer the application to the police chief for a computerized criminal history investigation ("CCH Investigation") �'�westigatien as authorized by section 311 of the city code. The police chief must as part of the CCH Investigation, obtain from the board data received by the board in the initial license application and premises permit application of the organization and other information that the board may have in its possession relating to the eligibility and qualifications of the licensed organization to conduct or continue to conduct lawful gambling at the premises specified in the permit application. Subd. 2. City council action. The city council will review the initial application for a bingo hall license or premises permit er .-enewal the fe^, Wthe . pli ,.+:^., is f .. the an existing s or bingo hall lieense em it-, t The council may by resolution decline to approve the initial application if (i) in its judgment the conduct of lawful gambling at the premises by the applicant will adversely affect the public health, safety and welfare. The resolution approving an initial application shall be adopted by the council within ninety (90) days of the date of application for the new permit and approval of the state license by the board. The council may by resolution suspend or revoke a previously granted premises or license permit where the board has suspended or revoked the state license, or (ii) the applie^^+ where the permittee/licensee has engaged in conduct constituting grounds for the revocation or suspension of an intoxicating liquor license as specified in subsection 1005.21 of this code or both (i) and (ii) as the case may be. Subd. 3. Prior board approval. The city will not consider an application for a an initial lawful gambling premises permit or bingo hall license ef .-ene al th unless (i) the application for the permit or license has been approved by the board or (ii) the board has indicated in writing to the city clerk that board approval is granted pending only the approval of the city council. 1185.05. Eligible organizations. a) The city will consider for approval only premises permits or bingo hall licenses by organizations that are licensed by the board and meet all the conditions in subsection 1185.05, paragraph b). When an application is submitted to the city the city will presume that the applicant is eligible for the permit or license under state law but will make no independent investigation of that fact. b) An organization shall not be eligible to conduct lawful gambling in the city unless it meets the requirements of Minnesota Statutes section 349.16, as amended. In addition, arrd at least one of the following conditions are must be met for 1) The organization has at least 15 members that are residents of the city; or 2) The physical site for the organization's headquarters or the registered business office of the organization is located within the city or a municipality contiguous to the city and has been located within the city or a municipality contiguous to the city for at least two years immediately preceding application for a license; or 3) The organization owns real property within the city and the lawful gambling is conducted on the property owned by the organization within the city; or 4) The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the city and has been located within the city for at least two years immediately preceding application for a license; or 5) The organization is a fire relief organization that provides fire protection services to the city. 1185.07. Limit of licenses. On sale establishments authorized to allow gambling are limited to one yearly lessee at premises licensed for on sale liquor sales in the city. The city council may by resolution authorize more than one organization to conduct lawful gambling activities at various locations for a limited period in connection with an annual civic celebration. 1185.09. Hours. Lawful gambling may be conducted only during the permitted hours of operation of the licensed on sale establishment. 1185.11. Leases; filin>;. A copy of the lease agreement between a non-profit organization and an on sale licensee must be filed with the city clerk within one week after execution of the lease. The lease must provide that the lessee may operate only after issuance of a license and premises permit from the board and be subject to the terms of this section. 1185.13. Distribution of proceeds. a) Each organization licensed to conduct gambling within the city shall contribute to a fund administered and regulated by the city, without cost to such fund, for distribution by the city for purposes authorized under Minnesota Statutes, section 349.213, subdivision 1, as amended, an amount equal to 10% of the organization's net profits derived from lawful gambling at premises within the city. For purposes of this subsection the term "net profits" means profits less amounts expended for allowable expenses; the terms "profits" and "allowable expenses" have the meanings given them by Minnesota Statutes, chapter 349 and rules and regulations promulgated thereunder, as amended. Payments to the fund shall be made annually on 363661v2 MTN CR205-30 2 or before March 1 for the prior calendar year, and shall be submitted together with verifiable supporting documentation. b) Each organization conducting lawful gambling within the city must expend 15% of its lawful purpose expenditures on lawful purposes conducted or located within the trade area of the city. For the purposes of this subsection, the term "trade area" means the area within the boundaries of the city and within the boundaries of the cities of New Hope, Robbinsdale, Golden Valley, Brooklyn Center, and Brooklyn Park; provided that a contribution to Independent School District No. 281 is deemed to have been made in the trade area of the city. This subdivision applied only to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city. On or before each March 1, each organization must file with the city (a) a report listing all lawful purpose expenditures in the prior calendar year, the name of the entity to whom each check was written, and the city location of the recipient; and (b) a report prepared by an independent certified public accountant documenting compliance with this subdivision. C) Each organization conducting lawful gambling within the City may apply the 10% net profits contribution requirement of subsection a) of this section, against the 15% lawful propose expenditures requirement of subsection b) of this section. Such election shall be clearly disclosed in the report required by subsection b) of this section. 1185.15. Filing. Organizations conducting lawful gambling in the city must file with the city clerk copies of records and reports filed with the board pursuant to Minnesota Statutes, Chapter 349 and the rules and regulations promulgated thereunder, as each may be amended. In addition, organizations conducting lawful gambling in the city must file with the city cleric annually by March 1 a statement verifying continued eligibility for the license issued by the board, and update the organization's contacts. 1185.17. Investigation fees. An organization applying for an initial enewffig-a premises permit or bingo hall license to conduct lawful gambling in the city must pay the investigation fee set by appendix IV. If the fee is not paid the council will not approve the permit or license under subsection 1185.03. Section 2. This ordinance is effective in accordance with Crystal City Code, subsection 1185. First reading: Adopted: Effective: ATTEST: Janet Lewis, City Clerk 363661v2 MTN CR205-30 ReNae J. Bowman, Mayor REGULAR AGENDA #4 COUNCIL STAFF REPORT CIMTY Request for extension by Crystal Liquors & Smoke Shop, (CRYSTAL 5120 — 56th Ave N CST' FROM: Janet Lewis, City Clerk OkJ MEMORANDUM DATE: February 5, 2010 TO: Crystal City Council City Manager Anne Norris C: City Attorney Mike Norton SUBJECT: Request for extension to remove alcohol and tobacco inventory from 5120 — 56th Ave N During the Council Meeting on January 19, 2010, the City Council revoked the liquor and tobacco licenses for Crystal Liquor & Smoke Shop located at 5120 — 56th 56th Ave N. The revocation included the removal of liquor and tobacco inventory by 3:00 p.m. Monday, February 22, 2010. The property owner, Dr. Sahr Bockai, has been out of the country during the past four weeks due to the death of his mother and to take care of unanticipated family matters in Africa. He has appointed an agent to oversee his property at 5120 — 56th Ave N in Crystal Minnesota. The agent has been charged with removing the inventory from the off -sale liquor store and paying the vacant building registration fee. The appointed agent is Dr. Bockai's niece, Fatima Ngekia. She lives in Minnesota and works full-time as a nurse. She is planning on taking time off to comply with the orders to remove the inventory. Unfortunately, due to staffing levels with her employer, she is unable to receive time off until mid March. Ms. Ngekia plans to contact local restaurants and off -sale liquor stores to inquire about their interest in buying the inventory. Per the Alcohol and Gambling Enforcement Division with the state of Minnesota, this is a legal sale, provided the business holds a valid liquor license. IACITY LOGMTemplates\Council Staff Report Form Lewis.doc To date, there have been no suspicious activities or calls for service to this abandoned business, per the police department. The property was registered administratively as a vacant property and a check for $535 (registration fee) was submitted to the City by Ms. Fatima Ngekia. After conferring with Police Chief Banick, he agrees that the request for an extension seems reasonable. If the Council does not grant the extension, the City anticipates it may be required to remove and store the inventory after being granted access to the business from Hennepin County District Court. If the Council grants the extension, the City would continue to monitor the property for compliance and public safety concerns. • Action Requested Approve the request for an extension to • the alcohol and tobaccl, inventory from 5120 — 56 th Ave N and establish a new deadline of 3:00 p.m. Monday, March 22, 2010 for all alcohol and tobacco inventory to be removed from Crystal Liquor & Smoke Shop. IACITY LOGO\Templates\Council Staff Report Form Lewis.doc A 9 January 22, 2010 Dr. Sahr Lebbie Bockai 12209 Kemp Mill Road Silver Spring, MD 20902 4141 Douglas Drive North o Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 e Fax: (763) 531-1188 a www.ci.crystal.mn.us ,". Re: Crystal Liquor & Smoke Shop LLC Dear Dr. Bockai: MAILED VIA CERTIFIED AND FIRST-CLASS 3316 — 14"' St NW Washington D.C. 20010 On January 19, 2010, pursuant to notice required by law, the Crystal City Council had under consideration in a public hearing the revocation of the liquor and tobacco licenses for Crystal Liquor & Smoke Shop LLC d/b/a Crystal Liquor & Smoke Shop, located at 5120 — 56"' Avenue North, Crystal, MN. Based on the facts and materials introduced and placed in the official record supporting adverse licensing action against Crystal Liquor & Smoke Shop, the Council took action to revoke the off -sale liquor and tobacco licenses for Crystal Liquor & Smoke Shop (Resolution No. 2010- 6; enclosed). The Council also addressed the removal of remaining liquor and tobacco inventory on the premises, since the property located at 5120 — 56t" Avenue North is deemed vacant, the property has been administratively registered as a vacant property in the City of Crystal pursuant to Crystal City Code § 435.05, subd. 9. Therefore, pursuant to the action of the Crystal City Council, the off -sale liquor and tobacco licenses of Crystal Liquor & Smoke Shop are revoked effective January 19, 2010. You are ordered to remove all stored liquor and tobacco products/inventory on the premises at 5120 — 56"' Avenue North not later than 3:00 p.m. Monday, February 22, 2010, and dispose of such products as required by law. You are further directed that you or your agent(s) involved in removing the liquor and tobacco inventory must coordinate that activity with the Crystal City Clerk, Ms. Janet Lewis, who can be reached by telephone, 763-531- 1145, by email at: Janet.lewis a,ci.crystal.nui.us, or personally at Crystal City Hall, 4141 Douglas Dr. N, Crystal, MN 55422. Respect illy submitted, Ann Norris, Crty J�Ianager cc: Janet Lewis, City Cleric John Banick, Chief of Police Michael T. Norton, City Attorney REGULAR AGENDA #5 TO: Mayor and City Council FROM: Anne Norris, City Manager elfik--1 SUBJECT: Cooperative Agreement with Hennepin County — CR 81 Reconstruction Project BACKGROUND: Last spring, the City Council authorized execution of the right-of-way agreement with Hennepin County; that agreement defined Crystal's participation in certain costs of the project. Since that action, Hennepin County has proceeded with developing final construction plans for the first phase of the Crystal segment, refining cost estimates for approved landscaping and enhancements in Crystal's segment, and acquired many of the parcels and easements necessary to proceed with construction. Since the time of the Council's preliminary approval of the project and approval of the right-of-way agreement, cost estimates and the actual project are more refined. The actual landscaping and enhancements in the Crystal segment are also known and those cost estimates are now included. Crystal's participation has revised slightly; the attached memo from Tom Mathisen details the changes. Now that the design for the first Crystal segment is complete, Hennepin County is preparing to award a contract for construction. Prior to taking that action, approval and execution of the Cooperative Agreement for this segment with Hennepin County is necessary. Attached is a draft of the Cooperative Agreement. The agreement provides for Hennepin County: - Contracting for the project; - Administering the project, including necessary change orders; - Will acquire any additional right-of-way or easements necessary; - Will provide traffic signals and ancillary equipment; - Will maintain traffic signals and components; - Will construct the highway as a six lane roadway but stripe it as a four lane and maintain it that way for at least five years or until requested to be restriped to six lanes by the Crystal Council. The agreement provides that Crystal: - Has the right to review any changes to plans and specifications that relate to Crystal's cost participation prior to the changes being made; - Will participate in the costs as outlined in the cost summary; - Will participate proportionately in engineering design and construction costs; - Will enforce parking restrictions as agreed upon; - Will provide electricity for the traffic control signals; and - Will maintain landscaping and enhancements and frontage roads in the corridor. City Attorney Mike Norton has reviewed the contract, except the repayment schedule, and recommends approval. Bond Counsel Steve Bubul is still working on the repayment schedule to confirm the payment terms in the right-of-way agreement approved last year, together with the payment terms in the Cooperative Agreement, are consistent with the bonds approved by the City Council last fall. The City Council needs to approve the Cooperative Agreement at its February 16 meeting in order to keep to the project schedule of awarding a contract in early April so construction can commence in late April. I recommend the Council approve the agreement in concept and recognize revisions in the payment schedule may occur to be sure the payment schedule is consistent with Crystal's bonds for this project. In order to keep the CR 81 project on schedule, recommend approval of authorizing execution of the Cooperative Agreement with Hennepin County. Attach: . , C County Road 81 Reconstruction# 0118 I 1CME" d Summary of Costs Comparisons Update - FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager RE: Most Current Crystal Cost Share Summary The Hennepin County Highway Department has put forward the draft Construction Cooperative Agreement for review and action by the City of Crystal. As part of that agreement, a most current "Division of Cost Summary" was prepared using updated unit prices for a project to be bid for Spring 2010 construction. The total project construction cost is $21,945,847. This is for project CPOI 18, which is from State Highway 100 to a point up to and including Airport Road north of Bass Lake Road. Project CP01 19, scheduled for future construction and including construction through 63rd Avenue, is not part of this discussion. The purpose of this memo is to evaluate this most recent version of the Crystal cost share allocation dated December 29, 2009, and compare it to previous versions of cost allocation. Prior to this estimate, the City had been using the County's November 19, 2008 estimate. And prior to that was an October 2007 estimate. A number of things have happened since the 2008 estimate. The first is the addition of roadway/corridor enhancements. These enhancements were the result of a citizen based task force corridor study, and ultimate City Council selection of the enhancements to be constructed. At the time of the final selection of enhancement elements in 2009, it was not completely known what portions of the enhancements could receive complete or partial federal funding. That participation level has now been largely determined and the outcome is favorable for the City. Another construction item that is now part of the bid documents and the Cost Share Summary, is the reconstruction of portions of Crystal water main, at the request of the Crystal Water Utility. This is not work necessary as a result of the 81 project, but rather is work determined advantageous to the City to complete now while the 81 right of way is being torn up for the new highway. A history/summary of Crystal's cost share participation is shown in the attached table. As can be seen, when enhancements and utility work are removed to create an apples to apples comparison, Crystal's projected cost share participation compared to the most recent 2008 estimate of $3,500,000, has been reduced by $656,536 to $2,843,464. It is also seen that the County has not yet reduced the estimated right of way cost, even though the majority of the properties have been acquired at a cost below the previous estimates. The reason the County is reluctant to update this number is that the few remaining parcels are the ones that may be decided by court action. However, there is an excellent likelihood that the estimated $1,901,800 Crystal share will be reduced. Internal Revenue Sources There are several outstanding funding issues to be considered. The first is the cost of enhancements (including street lights) that the City has chosen to include that are not covered by County or * Federal participation. This amount is $656,455. There is presently money budgeted in the Street Light Utility to cover the decorative street light improvements along Bass Lake Road that are included as enhancements in the project. Based on previous discussions, the balance would be covered TIF funds. The cost of the UtilitylWater Main work is included in the Water Utility Enterprise Fund CIP. The Water Utility portion of the project is $334,081. The other issue relates to previously estimated income from the local street reconstruction special assessments. In the Finance Department's July 30, 2009 "Street Reconstruction (Financing) Plan for 2009 through 2014," this amount was estimated at $524,650. This number was based on the total number of properties that would benefit from the construction of the local streets and Lakeland Avenue as part of the 81 project. At the time this estimate was made, the extent of properties that would be completely acquired by the County was not know, along with the cost participation the County would expect from the City in the reconstruction of Lakeland Avenue and the local streets abutting the 81 project. It is now know that the cost of building the "tie -down" points of the local streets will be 100% paid by the County, and the same goes for the impacted portions of Lakeland Avenue along both sides of the Corridor. The end result is that there are more properties that will not be part of the assessment process than originally calculated. It will not be possible to assess the County for properties the County is acquiring when the property abuts a local road or Lakeland Avenue that the County is already paying for to rebuild. The revised special assessment dollar amount will not be known until the completion of the feasibility study recently ordered by the City Council. It is anticipated that the originally estimated amount by be reduced by approximately $200,000. However, this loss in special assessment income is more than offset by the reduction in Crystal's roadway cost participation, as some of the construction costs are transferred from the City to the County. A detailed cost breakdown by category is shown in the attached spreadsheet. I City Engineer, Director of Public Works 1:pubworks/projects/County Rd 81/CoRd81CostSumm02-10mem u 5 9 00 N 0--- • • s •_ • ___. Ln • en �' • r 0 O O e tD% 1 Lni N 'L) ® ® N Ln O M Ln N% Ln V). O 00 c 4A s O e -i Ln 4A � s � O i ®bb � .0 ui J O H V 06 00 N 0--- • • s •_ • ___. Ln • en �' • r 0 Q1 .Q El z O e tD% 1 Lni N 'L) ® ® N Ln O M Ln N% Ln V). O 00 c 4A s O e -i Ln 4A O O Ln V). N 0--- • • s •_ • ___. Ln • en �' • r 0 N i � O i ®bb � .0 ui J O H V 06 Q. W r_ t� is 0N 'N ® > N •tL O M Ln -a 06 f0 S f0 cc ms ��r r7 •Q c yap ui 0 O +� t OG NY c O V ® (— O cr. W J 0 T- O t T- T- O T- N_ M L � N O� CO O A N N t- N O � fQ. 000 LNC) d; N 0 T- O pt — r- O aA lq7 V 1- (D OO C) O O T- 00 M CO It d ('+) s- T -N T- Cl) � 1` 00 T-: W 00 O) 00 d' LC) N T- C- T- O d' (D M C ) 00 LO A N N t- N O U) Oct M N � CY) C) U) N CNS) (D .O Q 0 L- d' 00 d' Lo O CY) C D O M N O �- C) w LO T- �I N OMO U) (D It Co 00) O C'O O N M �- LO O I` r- ~ I-- 1- Cy vi d CO 1t' d' (D C-)00 d' "t 'r t` U) C7 (D 1` cy')N00 CIO (D d 'O 00 O LO I` (D (D CV S O T T- T- U- LO I` — N (D (D U 0) C ) C) CO U) LO � N r U) U) (U 0, O , (D O d. C� LL LC) O (D C7 C) (0 OD r U) 00 I` d' d O ti M (D It 00 O N It CD O ti rt to T- U) O h Il- CD O) O I` O fit' d' (D 'd d O U) � � m 0 LO d C\jm COD (DD � N r - c O J U) v +C: F- c I- 0 :p C: aa) te W �-. a) CL `C �J O �D 0) a) v Z'S cu a)cu CU C N t� O ~ ull�(1)cow ZCnwZ A co ,It LO CA C5 U) N EF} � I I 00 O cr) �-+ 69- r LOCO _ u � Z L O Oj Q CD 0 O 00 d' Cf) LO II II w (O =wZQ(f} OQ n H V Q C/) Q w Z H w Q — D = 0 J Q (nwfnZ)ly- J J J J J 1- 00000 I- F- f- F- F - VM DIVISION OF COST SUMMARY PROJECTTOTAL $22,579,621.66 $20,434,827.95 $1.931,485.10 $213,328.01 Note (1) County share ofLandscape costs paid with Roadside Enhancement Partnership Program (REPP)Funds p" Traffic Signal systems A Cost Split: 10% Hennepin; 45% Crystal; 45% Robbinsdale Traffic Signal System Band CCost Split: 5DY6Hennepin; 5O96Crystal Traffic Signal System DCosts Split: Q596Hennepin; G96Crystal Estimated cost per signal system '$G0.UOD.DO M Federal funds capped at $6,635,000 - pro -rated based on each party's share of federal participating construction costs M Engineering costs based of cities share of the construction costs before adjustment for federal participation Hennepin County Agreement No. PVV58-OQ-O9 TOTAL Hennepin Crystal fo6Ibhns&fale Roedway1 14'611.08960 14.611.099.60 0.00 0.00 Roadway 996.185.50 487.592.75 497'582.75 0.00 Roadway 114.690.00 0.00 114.600.00 0.00 Roadway 11,795.00 5.897.50 0.00 5.897.50 Storm Sewer 1,823,397.00 1.442`547.75 480.849.25 0.00 Bridge 27B58 1.085'113.60 1.085.113.60 0.00 0.00 Bridge 27B59 1.257.468.60 1.257.468.60 0.00 0.00 Ped1 375.644.40 375.544.40 0.00 0.00 Ped2 543'608.20 271.803.10 271,803,10 0.00 Pod 3 38`227.70 18.113.85 0.00 19.113.85 Subtotal � 2 19.566.181.16 1,364.935.10 25.011.35 (Federal Participating) Federal Participation Adjustment (3) 553.616.65 '553.616.65 0.00 Subtotal (After Federal Adjustment) 20.119.797.80 811,318.45 25.011.35 Landamapo1 86'784.10 43.382.05 0.00 43`382.05 Landscape 254.002.70 127.001.35 127.001.35 0.00 Landscape 85.596.20 21.646.75 43.949.45 0.00 Subtotal (1) 406383.00 192.030.15 170.060.88 43.383.05 Local 89,512.20 0.00 0.00 89.512.20 Local 403.844.40 0.00 493.844.40 0.00 Subtotal 583,356.60 0.80 483.844.40 89.512.20 Construction Total 21.945.847.20 20.311.827.95 1.476'113.65 157,905.60 Engineering (4) Design (10%) 218.763.59 0.00 202`973.03 15,790.56 Construction (8%) 175.010.87 0.00 163.378.42 12'682.45 Engineering Total 383774.46 385.351.45 28.423.01 Total ofConstruction and Engineering costs 22339 20.311.827.05 1.841,465.10 188.328.61 County Supplied Signal Equipment (2) 123.000.00 30.000.00 27'000.00 240000.00 PROJECTTOTAL $22,579,621.66 $20,434,827.95 $1.931,485.10 $213,328.01 Note (1) County share ofLandscape costs paid with Roadside Enhancement Partnership Program (REPP)Funds p" Traffic Signal systems A Cost Split: 10% Hennepin; 45% Crystal; 45% Robbinsdale Traffic Signal System Band CCost Split: 5DY6Hennepin; 5O96Crystal Traffic Signal System DCosts Split: Q596Hennepin; G96Crystal Estimated cost per signal system '$G0.UOD.DO M Federal funds capped at $6,635,000 - pro -rated based on each party's share of federal participating construction costs M Engineering costs based of cities share of the construction costs before adjustment for federal participation Hennepin County Agreement No. PVV58-OQ-O9 Agreement No. PW 58-09-09 County Project No. 0118 County State Aid Highway No. 81 City of Crystal City of Robbinsdale County of Hennepin 'PHIS AGREEMENT, Made and entered into this day of , 2010 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Crystal, a body politic and corporate under the laws of the State of Minnesota, and the City of Robbinsdale, a body politic and corporate under the laws of the State of Minnesota, collectively hereinafter referred to as the "Cities". WITNESSETH: WHEREAS, the County and the Cities have been negotiating to bring about the improvement of that portion of County State Aid Highway No. (CSAR) 81 from northwest of Trunk Highway 100 to northwest of CSAR 10 (Bass Lake Road) as shown on the County Engineer's plans for County Project No. (C.P.) 0118 which improvements contemplate and includes grading, aggregate base, bituminous base, bituminous surfacing, storm sewer, surface water treatment, curb and gutter, sidewalk, retaining walls, bridges, lighting, traffic signals, landscaping and other related improvements, and which shall hereinafter be referred to as the "Project"; and WHEREAS, the above described Project lies within the corporate limits of the Cities; and WHEREAS, the County Engineer has heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Twenty One Million Nine Hundred Forty Five Thousand Eight Hundred Forty Seven Dollars and Twenty Cents ($21,945,847.20). A copy of said estimate, marked Exhibit "A", is attached hereto and by this reference made a part hereof; and WHEREAS, the Cities have indicated its willingness to participate in the construction, engineering, right of way and maintenance costs of the Project as detailed herein; and WHEREAS, the construction costs for the Project shall be comprised of federal aid funds, county road bonds, municipal and county state aid funds, and local funds; and WHEREAS, to ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controllers, control equipments and control cabinets to be installed as apart of the Project; and Agreement No. PW 58-09-09 CSAH 81; C.P. 0118 WHEREAS, there exists Hennepin County Agreement No. 07-09-08, dated October 20, 2009, between the City of Crystal and the County for the acquisition of new right of way, permanent easements, and temporary easements to construct the Project; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 2005, Section 162.17, Subdivision 1 and Section 471.59. The County will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the County, which said plans and specifications are referenced and identified as S.P. 27-681-27, S.P. 116-020-008 and S.P. 158-020-003, and approved by the Minnesota Department of Transportation (Mn/DOT). M The County will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the Cities' Engineer or designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The Cities agree that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the Cities that the County may enter into any change orders or supplemental agreements with the County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the Cities cost participation estimated herein. The Cities shall have the right to review any proposed changes to the plans and specifications as they relate to the Cities' cost participation prior to the work being performed. The Cities' Engineer or designated representatives shall have the right to approve any change orders or supplemental agreements prepared by the County that affect the Cities' share of the Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 construction cost. The Cities further agree that it will participate in the settlement of any claims from the County's contractor that involve delays attributable to unreasonable delays in approval by the Cities for plan or specification changes deemed necessary by the County Engineer or staff. The amount of Cities participation in any such claims shall be commensurate with the percentage of delay directly attributable to the Cities' actions. The Cities shall participate in the costs of the contracted construction work for the Project as set forth in the Division of Cost Summary in said Exhibit "A". The respective proportionate shares of the pro -rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Engineer's designated representatives for contract pay items in which the Cities are participating shall be subject to the review and approval by the Cities Engineer. ED The County or its agents will acquire all additional right of way, permits and/or easements required for the construction of the Project. The City of Robbinsdale agrees to grant easements to the County over those lands that are owned by the City of Robbinsdale and are part of the required right of way and easements for those parts of the Project constructed in the City of Robbinsdale. Said easements shall be granted at no cost to the County. The County, at its sole cost and expense, has conducted a Phase 1 Environmental Assessment (ESA) on the Project. In the event a Phase II ESA is required on any parcel, it is hereby understood and agreed that the Cities shall reimburse the County for all costs incurred by the County for the completion of said future Phase II ESA at the same percentage used to acquire the parcel. If any such Phase II ESA identifies contamination within the new right of way for the Project that must be abated, the County will hire consultants and contractors as necessary to perform the necessary abatement of the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such abatement required may be accomplished under -3- Agreement No. PW 58-09-09 CSAH 81; C.P. 0118 a separate project or may be included in the Project. The County will investigate and exhaust all available options for payment of costs incurred related to the aforereferenced Phase II ESA. This includes, but is not limited to, responsible parties and governmental agencies. The Cities hereby agree to reimburse the County, at the same percentage used to acquire the parcel, all costs incurred by the County within the respective cities for the completion of the aforereferenced environmental work performed on parcels associated with this Project for which the County does not receive reimbursement from other sources. 0 The Cities shall reimburse the County for its share of the construction costs of the Project as set forth in said Division of Cost Summary in Exhibit "A". It is further agreed that the Engineer's Estimate referred to on page 1 of this Agreement is an estimate of the construction cost for the contract work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction costs for apportioning the costs of said Project according to the provisions herein. Mi In addition to the aforesaid Cities' proportionate share of the contracted construction costs for the Project, the Cities agree to pay to the County ten (10) percent of the Cities' share of the contracted construction costs as its share of the engineering design costs for the Project, as set forth in said Division of Cost Summary in Exhibit "A". Similarly, the Cities also agree to reimburse the County for the Cities' proportionate share of the construction engineering costs for the Project. Said Cities' share of construction engineering costs shall be equal to eight (8) percent of the total final amount of the Cities' share of contract construction costs for the Project. The amount of said Cities' share in the contract administration costs is estimated in Exhibit "A". It is understood that said Cities' proportionate share shown in Exhibit "A" is an estimate and that the actual Cities' proportionate share of the contract administration costs will be computed using the total final amount of the Cities share of the contract construction costs for the Project. MU After an award by the County to the successful bidder on the Project, the County shall invoice the City of Robbinsdale for ninety five (95) percent of the estimated city share in the contract construction costs for the Project and for ninety five (95) percent of the estimated city share in the engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City of Robbinsdale for the full amount due stated on M Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 the invoices within forty five (45) days of the invoice date. Said estimated City of Robbinsdale shares shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Engineer or the County's staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the Project, the City of Robbinsdale hereby agrees to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95) percent of the estimated city's share as documented in the supplemental agreement or change order. The remainder of the City of Robbinsdale shares in the engineering and contract construction costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal of the County Engineer's final estimate for the Project to the City of Robbinsdale. Upon final payment to the Project contractor by the County, any amount remaining as a balance in the deposit account will be returned to the City of Robbinsdale, within 45 days, on a proportionate basis based on the city's initial deposit amount and the city's final proportionate share of the Project costs. Likewise, any amount due the County from the City of Robbinsdale upon final payment by the County shall be paid by the city as its final payment for the construction and engineering costs of the Project within forty five (45) days of receipt of an invoice from the County. M After an award by the County to the successful bidder on the Project, the County shall invoice the City of Crystal for ninety five (95) percent of the estimated city share in the construction engineering costs for the Project (estimated to be $155,712.15). Said estimated City of Crystal share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. The remainder of the City of Crystal's share in the construction engineering costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal of the County Engineer's final estimate for the Project to the City of Crystal (estimated to be $8,195.38). Similarly, after an award by the County to the successful bidder on the Project, the County shall invoice the City of Crystal for fifty (50) percent of the estimated city share in the design engineering costs for the Project (estimated to be $102,442.20). On December 15, 2011, the County shall invoice the City of Crystal for forty five (45) percent of the estimated city share in the design engineering costs for the Project (estimated to be $92,197.99). Said estimated City of Crystal shares shall be based on actual contract unit prices applied to the estimated quantities -5- Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 shown in the plans. The remainder of the City of Crystal's share in the design engineering costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal of the County Engineer's final estimate for the Project to the City of Crystal (estimated to be $10,244.22). The County will invoice the City of Crystal for the city's share in the contract construction costs for the Project according to the following schedule: On December 15, 2010 the County will invoice the City for 20 percent (20%) of the city's share in the contract construction costs for the Project estimated to be $299,045.50 On December 15, 2011 the County will invoice the City for 20 percent (20%) of the City's share in the contract construction costs for the Project estimated to be $299,045.50 On December 15, 2012 the County will invoice the City for 20 percent (20%) of the City's share in the contract construction costs for the Project estimated to be $299,045.50 On December 15, 2013 the County will invoice the City for 20 percent (20%) of the city's share in the contract construction costs for the Project estimated to be $299,045.50 On December 15, 2014 the County will invoice the City of Crystal for the remaining 20 percent (20%) of the city's share in the contract construction costs for the Project estimated to be $299,045.50. It is understood by the parties that the City of Crystal's share of the contract construction costs for the Project will be based on actual contract unit prices applied to the actual quantities as determined by the County Engineer or the County's staff. It is further understood by the City of Crystal that in the event that the County Engineer or the County's staff determines the need to amend the construction contract with a supplemental agreement or change order, said supplemental agreements or change orders may result in an increase or decrease in the City of Cyrstal's contract construction costs for the Project. Payments by the City of Crystal for contract construction costs and engineering costs shall be made to the County, in the name of the Hennepin County Treasurer, by the City of Crystal for the full amount due stated on the invoices within forty five (45) days of the invoice date. 0 The County will supply the traffic signal cabinet, controller and control equipment, including the emergency vehicle preemption (EVP) cards, and video detection equipment (County Supplied Equipment) for the traffic control signal systems installed as a part of the Project. The City of Crystal shall reimburse the County for its share of the County supplied M Agreement No. PW 58-09-09 CSAH 81; C.P. 0118 equipment as set forth in said Division of Cost Summary in Exhibit "A". The estimated cost to the City of Crystal for said County supplied equipment is Ninety Thousand Dollars and No Cents ($90,000.00). Similarly, the City of Robbinsdale shall reimburse the County for its share of the County supplied equipment as set forth in said Division of Cost Summary in Exhibit "A". The estimated cost to the City of Robbinsdale for said County supplied equipment is Twenty Seven Thousand Dollars and No Cents ($27,000.00). It is further agreed that said estimate of the costs of County supplied equipment is an estimate and that the actual quantities of equipment as determined by the County Engineer shall govern in computing the total final cost to the Cities. The County will invoice the Cities for said County supplied equipment (estimated to be summer, 2011). Payment shall be made to the County by the Cities for the full amount due stated on the invoice within forty five (45) days of the invoice date. 0 The proportionate shares of the various costs associated with said Project have been identified and set forth in Articles III through X of this Agreement. All the aforereferenced costs are included in tabular format in Exhibit "A". As summarized in Exhibit "A", the estimated amount that the City of Crystal is to pay the County as a result of this Agreement is $1,954,019.44. As summarized in Exhibit "A", the estimated amount that the City of Robbinsdale is to pay the County as a result of this Agreement is $190,792.26. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. As previously referenced the Project will be partially funded with federal funds ($6,635,000.00). It is recognized by the parties that the City of Crystal's estimated share of the Project construction costs will be proportionately reduced by its share of the construction costs that are eligible for federal cost participation. As shown in Exhibit "A", the City of Crystal's estimated construction cost share for those items eligible for federal cost participation has been reduced by $553,616.65 from $1,384,048.95 to $830,432.30. For informational purposes only, the City of Crystal's estimated Project costs per year as specified herein are as follows: Year 2010 - $557,199.85 Year 2011 - $481,243.49 Year 2012 - $317,485.10 Year 2013 - $299,045.50 Year 2014 - $299,045.50 Total $1,954,019.44 -7- Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 W All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the Cities. The Cities shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the Cities, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. Kim All records kept by the Cities and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. M The County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highways included in said Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. M As part of the Project, "No -Parking" signs shall be installed as represented in the plans and the Cities, at their expense, shall provide the enforcement for the prohibition of on -street parking on those portions of CSAR 81 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the Hennepin County Board of Commissioners permitting said modification. It is further agreed that the Cities shall, at their own expense, remove and replace Cities owned signs that are within the construction limits of said Project if requested by the County's Project Engineer. aim The City of Crystal shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 the traffic control signals, flashers and integral street lights included in the Project at no cost to the County. Further, the City of Crystal shall provide the electrical energy for the operation of the traffic control signals, flashers and integral streetlights included in the Project at no expense to the County. It is hereby understood and agreed that the City of Robbinsdale shall reimburse the City of Crystal for fifty (50) percent of the costs to provide the electrical energy (connection charges including transformer and monthly power charges) for the operation of the traffic control signal, flashers and integral streetlights at the intersection of CSAR 81 and 47th Avenue North (Traffic Control Signal System "A" as shown in the plans for the Project). It is understood by the parties that the County or its agents will provide traffic signal service cabinets designed for battery backup in case of electrical power outages. It is further understood that the County or its agents will be responsible for providing the batteries, inverter and cabling for the service cabinets. The Cities shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. XVIII Upon completion of this Project, the County shall thereafter maintain and repair the traffic control signal systems installed as a part of said Project, all at the sole cost and expense of the County. Said maintenance shall include all EVP components. Further, the County, at its expense, shall maintain 110 -volt power to the line side of the fuse in the base of the signal poles for the integral streetlights. The Cities, at its expense, shall maintain the fuse, the luminary and the wire to the load side of the fuse in the base of the signal poles. The EVP Systems provided for herein shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The Cities will provide the County Engineer or his designated representative a list of all such vehicles with emitter units. 2. Malfunctions of EVP Systems shall be reported to the County immediately. In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 continues after receipt by the Cities of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the County. It is understood and agreed that upon completion of any and all improvements proposed herein, all water distribution system components, sanitary sewer systems, concrete sidewalk, fencing, railings (except bridge railings), lighting and all municipal street construction included in said improvement shall be the property of the Cities and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the Cities at no expense to the County. Notwithstanding the maintenance responsibilities of the Cities as specified in the previous paragraph, it is further understood and agreed that upon completion of any and all improvements proposed herein, all streetscape, landscaping and associated landscaping structures shown in the plans for the Project, shall become the responsibility of the Cities and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the Cities at no expense to the County. It is further understood and agreed that said streetscape, landscaping and associated landscaping structures shall be maintained by the Cities in accordance with the attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS - TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES" (marked Exhibit "B") which by this reference is made a part hereof. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, drainage structures, ponds, storm water treatment structures and cross road culverts, shall become the property of the Cities and shall be maintained by the Cities. In the event, at any time in the future, the storm water trunk lines constructed as a part of this Project are reconditioned and/or replaced, the costs of reconditioning and/or replacement shall apportioned between the County and Cities by contributing flow. It is further understood and agreed that upon completion of the Project the Cities, at their sole cost and expense, will perform all routine maintenance on the retaining walls and retaining -10- Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 wall fencing within the Cities constructed as a part of the Project. In the event, at any time in the future, that the retaining walls and integral retaining wall fencing constructed as a part of the Project for highway purposes (not frontage road construction) are rehabilitated and/or replaced the County agrees to participate in the costs of said rehabilitation and/or replacement at the same percentage used to construct the retaining walls and integral retaining wall fencing. Notwithstanding the maintenance responsibilities of the Cities as specified in the above paragraphs, it is further understood and agreed that the Cities shall control and maintain the frontage roads constructed as part of the Project. The term "control and maintain" as used herein shall be defined as keeping in good repair, including but not limited to, snow and ice control, control of vegetation, debris removal, signing and striping, patching, resurfacing, seal coating, storm sewer repair, and catch basin and curb and gutter repair/replacement. In addition, the permit application/process shall be the Cities responsibility except permits (entrance, utility, etc.) required for construction that affects the CSAR 81 mainline. It is further understood and agreed by the parties hereto, that in the event that the CSAH 81 frontage roads and/or retaining walls related thereto, all costs associated with said future reconstruction shall be the responsibility of the City. All questions of maintenance responsibilities that may arise shall be jointly resolved by the respective Cities' Director of Public Works/City Engineer and the County's Operations Division Engineer. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities, at its discretion, will remove snow that may be placed on the sidewalks and/or pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAR 81 within the limits of said Project. This paragraph is not intended to confer a benefit upon any third party and the Cities' decision to remove snow from the sidewalk and/or paths shall be made by the Cities in their sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. W The Cities agree to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the Cities, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined Cities owned improvements constructed as part of said Project. The Cities' liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. - 11 - Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 The County agrees to defend, indemnify, and hold harmless the Cities, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction of the Project, or related to the ownership, maintenance, existence, restoration, repair or replacement of County owned improvements constructed as part of said Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 0 Each parry agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other parry and the results thereof. The County's and the Cities' liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the Cities each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. It is agreed that any and all employees of the Cities and all other persons engaged by the Cities in the performance of any work or services required or provided for herein to be performed by the Cities shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. -12- Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the Cities with the activities of the County and so as to accomplish the purposes of this Agreement, the respective Cities' Director of Public Works/City Engineer or designated representative shall manage this Agreement on behalf of the Cities and serve as liaison between the Cities and the County. The County Engineer or designated representative will prepare weekly progress reports for the Project as provided in the specifications. Copies of these reports will be furnished to the Cities upon request. It is understood by the parties hereto that CSAR 81 will be constructed as a six lane roadway but will be striped as four (4) lanes with the exception of the intersection with CSAH 10 (Bass Lake Road) and as represented in the plans for the Project. It is further understood by the parties that the County will not re -stripe the above mentioned roadway to six lanes for five (5) years after completion of the Project unless otherwise requested by the City of Crystal. After said five year period, it is understood by the parties that the County will only re -stripe the above mentioned roadway to six lanes if traffic volume increases so that the Level of Service as defined in the Minnesota Manual of Uniform Traffic Control Devices falls below a Level of Service D. It is further understood that the any decision to re -stripe said roadway will be made in consultation with the City of Crystal's Director of Public Works/City Engineer. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. -13- Agreement No. PW 58-09-09 CSAH 81; C.P. 0118 The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. I The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. this space left intentionally blank) -14- Agreement No. PW 58-09-09 CSAH 81; C.P. 0118 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) By: Mayor Date: And: Manager Date: CITY OF CRYSTAL (Seal) By: Mayor Date: And: Manager Date: -15- Agreement No. PW 58-09-09 CSAR 81; C.P. 0118 CK1h� U-"R1-121IM011219101 91 ATTEST: By: Deputy/Cleric of the County Board Date: Bv: Assistant County Attorney By: Chair of its County Board Date: And: County Administrator Date: And:_ Date: Assistant County Administrator, Public Works By: Assistant County Attorney Date: -16- By: Director, Transportation Department and County Engineer Date: DIVISION KJFCOST SUMMARY PRQJECTTOTAL $ 621.66 $20.434.827.95 $1.831465]0 Q213,328.61 Notes: o/ County share of Landscape costs paid with Roadside Enhancement Partnership Program (REPP) Funds »» Traffic Signal systems ACost Split: 1096 Hennepin; 45% Crystal; 4596 Robb\node|e Traffic Signal System 8and OCost Split: 5O96Hennepin; 5O96Crystal Traffic Signal System DCosts Split: 8596Hennepin; 596Crystal Estimated cost per signal system -0SO.00U.00 «V Federal funds capped at $6,635,000 - pro -rated based on each party's share of federal participating construction costs p» Engineering costs based of cities share of the construction costs before adjustment for federal participation Hennepin County Agreement No. PVV58-DQ-DQ TOTAL ' Hen[epi Crystal fob6biIsi@be Roedwoy1 14.611.090.60 14'611.098.60 0.00 0,00 Roadway 905.185.50 497.592.75 497`592.75 0.08 Roadway 114.690.00 0.00 114.690.00 0.00 Roadway 11.795.00 5.887.50 0.00 5.807.50 Storm Sewer 1.923.397.00 1'442.547.75 480`849.25 0.00 Bridge 27B58 1`085.113.60 1'085.113.60 0.00 0.00 Bridge 27B59 1.257.488.60 1.257.468.60 0.00 0.00 Ped1 375.544.40 375.544.40 0.00 0.00 Ped2 643.606.20 271.803.10 271.803.10 0.00 Pad3 38.227.70 ' 19.113.85 0.00 19.113.85 Subtotal 19.566.181.15 1.364`935.10 25.011.35 (Federal Participating) Federal Participation ;V onAduohnen� 553,616 .66 553 -553,616.65 O.DO Subtotal (After Federal Adjustment) 20.110.797.80 811.318.45 25.011.35 Landscape 86.784.10 43.382.05 0.00 48.382.05 Landscape 254.00270 127.001.35 127,001.35 0.00 Landscape 65'596.20 21.646.75 43.049.45 0.00 Subtotal (1) 406363.00 192.030.16 170.950.80 43.382.05 Local 80.512.20 0.00 0.00 88.512.20 Local 493.844.40 0.00 403.844.40 0.00 Subtotal 583356.60 0.00 493.844.40 89.512.20 Construction Total 21.045.847.20 20.311.827.95 1.476.113.85 157.905.60 Engineering (4) Design (10Y6) 218.783.59 0.00 202.073.03 15.790.56 Construction (8%) 175.010.87 0.00 162.378.42 12.032.45 Engineering Total 393774.46 365.351.45 28.423.01 Total ofConstruction and Engineering costs 22339621.88 20.311.827.95 1.841.465.10 186.328.61 County Supplied Signal Equipment (2) 123.000.00 90.000.00 27.000.00 240OOD.00 PRQJECTTOTAL $ 621.66 $20.434.827.95 $1.831465]0 Q213,328.61 Notes: o/ County share of Landscape costs paid with Roadside Enhancement Partnership Program (REPP) Funds »» Traffic Signal systems ACost Split: 1096 Hennepin; 45% Crystal; 4596 Robb\node|e Traffic Signal System 8and OCost Split: 5O96Hennepin; 5O96Crystal Traffic Signal System DCosts Split: 8596Hennepin; 596Crystal Estimated cost per signal system -0SO.00U.00 «V Federal funds capped at $6,635,000 - pro -rated based on each party's share of federal participating construction costs p» Engineering costs based of cities share of the construction costs before adjustment for federal participation Hennepin County Agreement No. PVV58-DQ-DQ r-INFOUM ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL ® SPECIAL MEETING e TUESDAY, FEBRUARY 16, 2010 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order 2. Roll call 3. Consider approval of minutes from the February 1, 2010 regular meeting* 4. Consider a resolution authorizing an offer to purchase vacant, foreclosed property at 5732 Nevada Avenue North* 5. Consider an Access and Indemnification Agreement with Twin Cities Community Land Bank for the EDA to participate in the First Look program for the purchase of foreclosed properties* 6. Consider a letter of support for a federal grant for Twin Cities Habitat for Humanity to purchase, rehab and re -sell foreclosed properties* 7. Other business 8. Adjournment * Materials attached 02/10/10 GAEDA\Agendas\201 0\02.16.doc Minutes of the Crystal Economic Development Authority Regular Meeting February 1, 2010 President Hoffmann called the regular meeting of the Crystal Economic Development Authority to order at 6:30 p.m. Upon call of the roll, the following members were present: David Anderson, ReNae Bowman, Garry Grimes, Mark Hoffmann, Janet Moore, Laurie Ann Moore and Joe Selton. The following staff members were present: Anne Norris, Executive Director; Patrick Peters, Deputy Executive Director; John Sutter, City Planner/Assistant Community Development Director; and Mike Norton, City Attorney. Motion by Commissioner Anderson (L. Moore) to approve the minutes from the January 5, 2010 annual meeting and the January 19, 2010 work session. Motion carried. The EDA received the 2009 Annual Report. The EDA considered approval of the 2010 Work Program. Motion by Commissioner Anderson (Grimes) to approve the 2010 Work Program as presented. Motion carried. Motion by President Hoffmann (Bowman) to adjourn the regular meeting. Motion carried. The meeting adjourned at 6:40 p.m. Mark Hoffinann, President ATTEST: Garry Grimes, Secretary EDA STAFF REPORT 1CM 0 !CRYSTAL 5732 Nevada (NSP Acquisition for Rehab) FROM: John Sutter, City Planner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: TO: RE: A. Anne Norris, City Manager (for February 16, 2009 EDA meeting) Consider acquisition of 5732 Nevada Avenue North The EDA has been awarded funds from the U.S. Department of Housing & Urban Development's Neighborhood Stabilization Program ("NSP"). NSP funds may be used to purchase foreclosed, lender -owned houses and either demolish or rehab them for sale to low or moderate income homebuyers. The subject property, 5732 Nevada Avenue North, has been foreclosed and is currently listed for sale by the bank for $47,900, which is what the property would have sold for approximately 30 years ago (not adjusting for inflation). The property's January 2009 Estimated Market Value according to the Hennepin County Assessor is $150,000; it last sold in December 2001 for $160,000. The basement was contaminated by raw sewage and the main floor has been damaged by freezing pipes and needs additional rehab work. The seller has corrected the immediate health hazards in the basement. The characteristics of the house and the surrounding area, together with the nature of the remaining work needed suggests that the best option for this property would be rehabilitation not demolition. The following Exhibits are attached: A. 2006 aerial photos B. Hennepin County property and valuation information C. Foreclosure information D. Basement photos (December 30, 2009) showing hazardous conditions E. Real estate listing F. City code compliance inspection results G. Estimated budget H. Proposed resolution yffelaswo-im The subject property is 77 feet wide and 134 feet deep, with an area of 10,308 sq. ft. (0.24 acres). It meets current zoning requirements for width, depth and area. The house was built in 1953. It has a main floor of 925 sq. ft. comprised of a living room, dining room, kitchen, bathroom and two bedrooms. The house has a full basement which had been finished; however, due to raw sewage and mold contamination, the seller had a remediation contractor gut the basement and eliminate the health hazard. The main floor of the house is in fair to poor condition (see inspection results attached as Exhibit F). The scope of rehab would likely include completely gutting the main floor and installing new plumbing and electrical systems throughout the house. The exterior of the house is in generally fair to good condition, as are the detached two car garage, driveway and landscaping. If the EDA does authorize this acquisition, we would expect to close the acquisition in March or April 2010, complete the rehab work in summer 2010 and list the property for sale in fall 2010. The funding source would be the federal Neighborhood Stabilization Program. We anticipate selling the rehabbed house to a household at or below 50% of the Twin Cities metropolitan area median household income. Because the house will only have two bedrooms, we anticipate that the buyer would be a three- person household and the applicable maximum income would be $37,750 per year. To keep the house affordable at that income level, the first mortgage could not exceed —$90,000. The difference between the first mortgage and the —$140,000 after -rehab value of the property would be covered by a —$50,000 deferred second mortgage which would have to be repaid in full if the homebuyer sells or moved out of the house. Any sale proceeds (initially just the —$90,000 first mortgage but ultimately perhaps the —$50,000 second mortgage as well) would be repaid to the NSP program. C REQUESTED ACTION If the EDA wishes to acquire this property, it will need to adopt the attached Resolution approving the purchase of the subject property for $47,900 and authorizing the Executive Director to execute documents necessary to complete the purchase using federal Neighborhood Stabilization Program funds. EDA action is requested. PAGE 2 OF 2 2 printdetails jsp /Vote: Taxes Payable 2010 (2009 Values) will be available on this web site approximately 03/01 Parcel Data for Taxes Payable 2009 Page 1 of 1 Property ID: 05-118-21-31-0044 Address: 5732 NEVADA AVE N Municipality: CRYSTAL School Dist: 281 Construction year: 1953 Watershed: 8 Approx. Parcel Size: 77 X 133.87 Sewer Dist: $629.87 Owner Name: HSBC MORTGAGE SERVICES INC Taxpayer Name M E R S INC & Address: 3300 SW 34TH AVE STE 101 OCALA FL 34474 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms -length transactions. Sale Date: December, 2001 Sale Price: $140,000 Transaction Type: Warranty Deed Tax Parcel Description Addition Name: MURRAY LANE 4TH ADDN Lot: 004 Block: 001 Metes & Bounds: Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2009 Values Established by Assessor as of January 2, 2008 Estimated Market Value: $162,000 Limited Market Value: $162,000 Taxable Market Value: $162,000 Total Improvement Amount: Total Net Tax: $2,032.36 Total Special Assessments: $629.87 Solid Waste Fee: $17.75 Total Tax: $2,679.98 Property Information Detail for Taxes Payable 2009 Values Established by Assessor as of January 2, 2008 Values: Land Market $54,000 Building Market $108,000 Machinery Market Total Market: $162,000 Land Limited $54,000 Building Limited $108,000 Total Limited: $162,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status http://wwwl6.co.hennepin.mn.us/pins/printdetails.jsp?pid=0511821310044 2/8/2010 Your Proposed Property Tax CATHERINE nPxY0HWATSON 57JaNEVADA AVE N CRYSTAL MN55*z8-3324 Property ID NO: 05-118-21 31 0044 5732 NEVADA AVE N 20O8TAXABLE MARKET VALUE FOR 2OOgTAXES: $162,000,00 HOMESTEAD / 2009 TAXABLE MARKET VALUE FOR 2010 TAXES: $150,000.00 HOMESTEAD Page I of I The taxable market values for property tax payable inZO10was sent to you inthe spring of 2009. The period to discuss possible changes has passed and changes can nolonger be made to your property valuation. It is included here for your information only. TOTAL excluding special assessments Addresses for Correspondence Hennepin County A240Government Center Minneapolis MN55*87 612-348-3011 City of CRYSTAL Crystal City Hall 414zDouglas DrN Crystal MN 55422 76]-5]1'1000 STATE GENERAL TAX School District Z81 Voter Approved Levy: Other Local Levies: School District Total Educational Service Center *148VYinnetkaAve N New Hope MN 55427 763 -50* -8000 Metropolitan Council 390 Robert Street North St Paul MN 55101-1805 651-602-1374 Other Special Taxing Dist: Fiscal Disparity Tax: Tax Increment Tax: Solid Waste MgmtFee: (1) ( Actual 2009 Proposed 2010 Percent of Change $2,050.11 $1,975.71 -3.5% Budget Hearing Dates Times and Locations $580.05 $569.78 Dec 3,2O1O6:OOrM Commissioner Board Room 4I4OOGovernment Center Minneapolis MN55487 $563.15 $577.49 Dec 15,2O1O7:OOpM Council Chambers Crystal City HU 4141 Douglas DrN Crystal MN554az $371.90 $345.01 $398,91 371.41 $770.81 $716.42 $17.75 No meeting required Dec 7,ZO1O7:OOPM Educational Service Center 414OYVinnetkaAve N New Hope MN55^Z7 Dec 9, 2010 b/OU PM Metropolitan Council 390 Robert Street North St Paul MN 55101-1805 $78.86 No meeting required Nomeeting required No meeting required Not applicable Check out the convenient oavment ODtions available to DavNBT YEAR'sommertv taxes at http://www.hennepin.us or call 612 348-3011 Click for detailed information on this property hMn://wxmY]6.c0 ' 5|l82}3l0044 2/8/2010 n u u ii u n u ii n u n u - n u u u u u u n ti n u a sn t� co w cn Z- a: Z. o, o a cn z` ��4x ti t— {." a [} C, ✓ wwGG ri r s co , Z.: x x x x x x x X x x 0 x x x �. x x x 'Q x x x x,[C, x x x x . 3 qd� �I. VIII IkI II IIS I I1 III ��IIk IIII w Z- a: Z. o, o ��4x ti {." [} C, ✓ wwGG ri ��4x ti ✓ wwGG r s 9 giGa�; 3 qd� NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITH -IN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: November 15, 2004 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $200,000.00 MORTGAGOR(S): Catherine Kpayoh Watson, unmarried MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for Accredited Home Lenders, Inc., a California corporation DATE AND PLACE OF FILING: Filed December 15, 2004, Hennepin County Recorder; Document No. 8492142 ASSIGNMENTS OF MORTGAGE: Assigned to: HSBC Mortgage Services, Inc LEGAL DESCRIPTION OF PROPERTY: Lot Four (4), Block One (1), Murray Lane 4th Addition COUNTY IN WHICH PROPERTY IS LOCATED: Hennepin County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $203,924.67 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof, that there has been compliance with all pre -foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: June 5, 2009 at 11:00 a.m PLACE OF SALE: Hennepin County Sheriffs office, Hennepin County Sheriff, Room 30, Old Courthouse, 350 South Fifth Street, Minneapolis, Minnesota. To pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is Six (6) months from the date of sale. "THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED." Dated: April 21, 2009 HSBC MORTGAGE SERVICES, INC Mortgagee REITER & SCHILLER, P.A. By: Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. James J. Pauly, Esq. Leah K. Weaver, Esq. Brian F. Kidwell, Esq. Attorneys for Mortgagee 25 North Dale Street, 2nd Floor St. Paul, MN 55102-2227 (651)209-9760(F8756) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises: 5732 NEVADA AVENUE N, CRYSTAL, MN 55428 (2) Transaction Agent: Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for Accredited Home Lenders, Inc., a California corporation (3) Name of Mortgage Originator (Lender): Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for Accredited Home Lenders, Inc., a California corporation (4) Residential Servicer: HSBC- 800-365-6730 (5) Tax Parcel Identification Number: 05-118-21-31-0044 (6) Transaction Agent's Mortgage ID Number (MFRS number): 100176104110499452 (April 23, 30, May 7, 14, 21, 28, 2009) 22201424 Sale'Record Plumber: 0906110 Mortgage'Document 8492142 Plumber: Date'of Sale: '6/5/2009 Type of sale: Mortgage Mortgagor(s): Catherine Kpayoh Watson, Mortgagee: HSBC Mortgage Services, Inc To Whom Sold: HSBC Mortgage Services, Inc Final Bid Amount: ,$93,099.09 Redemption Expiration Date: 12/7/2009 Deputy Sold By: ,Sgt. Brad Erickson Law Firm/Attorney: Reiter & Schiller Unverified Common 5732 Nevada Ave N, Crystal Address: Optional Comments: No value entered 5732 Nevada Ave N nfxz,6- .30, :?,W? I 5732 Nevada Avenue N, Crystal, MN ( Listing Information Pagel of 3 CUSTOMERSERVICE@EDINAREALTY.COM (952) 928-5563 1 (877) 270-1289 Email: customerservice0edinarealty.com Price: $47,900 5732 Nevada Avenue N Crystal, MN 55428 County: Hennepin Bedrooms: 3 Bathrooms: 1 Full Square Feet: 952 (approx) MLS#: 3877589 Status: NEW LISTING Last Update: 2/2/2010 12:37 PM MLS Remarks Great Investor opportunity. 3 bed rambler! Good layout, 2 car garage, maintenance free exterior. Sold "as -is" Listing Information Property Type: Single Family Bedrooms: 3 Square Feet: 952 (approx) Garage: Yes - 2 spaces Finished Area: 952 Sq. Ft. (approx) Water: City Water - Connected Sewer: City Sewer - Connected School Information District: ROBBINSDALE - 281 Room Information Main Floor Bathrooms: 1 Full Year Built: 1953 Foundation: 962 Sq. Ft. Stories: 1 http://www.edinarealty. com/MN/CrystaII5 5428/homes-for-sale/573 2 -Nevada -Avenue -N-46... 2/2/2010 5732 Nevada Avenue N, Crystal, MN I Listing Information Bedroom: 12 x 10 Bedroom. 12 x 8 Bedroom: 12 x 9 Dining Room: 12 x 7 Kitchen: 14 x 12 Living Room: 12 x 20 Bathrooms Full Baths: 1 Additional Room Information Dining: Eat In Kitchen Bath Description: 3/4 Basement, Basement, Main Floor Full Bath Interior Features Square Footage Above / Below (approx): 952 Sq. Ft. Above Ground Cooling: Window Air Conditioning Heating: Gas Heat, Radiant Baseboard, Hot Water Basement: Finished (Livable), Full Additional Interior Features: 3 BR on One Level Exterior / Lot Features General: , Lot with Trees Parking: 2 Garage Spaces, Detached Garage, Garage Door Opener Exterior: Metal, Vinyl Roof: Asphalt Lot Dimensions: 133X77X133X77 Body of Water: 0 Zoning: Residential -Single Fence: Other Additional Exterior/Lot Features: , Road Frontage- City. Tree Coverage - Medium Community Features Complex Features: Amusement/party room Driving Directions 169 TO BASS LAKE RD E TO NEVADA LN LEFT TO HOME Financial Considerations Assessments: $630 Tax/Property ID: Lender Owned Tax Amount: Tax Year: Terms: Cash, Other 0511821310044 $2,032 2009 Page 2 of 3 http://www.edinarealty.com/MNICrystal/5 5428/homes-for-sale/5 732 -Nevada -Avenue -N-46... 2/2/2010 City of Qp1sta PropeMj Maintenance Compiflance a 4141 Douglas Drive M, Crystal MM 55422 Phone: 763-531 -1000 Fax: 763-531 -1188 Inspection Checklist for One- and Two -Family Properties Address: 573a Water Meter Reading Repairs? Property Owner: \ASZC_ Outside y Inspection Date:,-2-j_l lRolo Compliance Date: Inside N Point of Sale .. .... Rental LEI 0 Certification Required 0 Y N Qu Heating System P a) -0 a) in Water Heater a) a) :3 _0 0 L< Plumbing System F X in U) C: W 0 0) QJ Electrical System = C 0 CU 0 -2 Structural Units Check if repairs N ,a-_) o E a) :3 0 C: C: :3 a) a) P - Pass F - Fail 6: ?; I > U) are needed A 0 > FL 1.0 Meehan ical/Utilities F NA 5. 0 Master bedroom 1.1 Plumbing systems 5.1 2nd bedroom /Y ry r) 1.11 Water waste/vent 5.2 3rd bedroom 1.12 Water piping/supply- 5.3 _4tWbedroom 1.131 Water meter/remote '\, _- I . Main bath 1.14 Sum ump 6.1 Other bath 1.2 Heating systems 6.2 Qther bath 1.21 Venting/fuel supply Ll_� .0 Kitchen J 0 1.22 Space heaters .0 Living room 1.3 Electrical systems V 'ramily room 1.4 Circuits/outlets/fixtures 8.2 Den/office 1.5 Water heater ei_ /stairways -Jo) 1.6 Crawlspace TT Deck 1.7 Ventilation 8.5 Porch 1.8 Well 9.0 Garage 047_/A__, 2.0 Exterior 9.1 ommon Areas 2.1 Electrical outlet/fixtures 9 T 2.2 Driving/parking areas Orders are attached on separate sheet(s) 2.3 Gutters/downspouts _,r 4_--',.-1tems with no evaluation mark or comment are in compliance with City Code or are not applicable. 2.4 Venting/chimneys --comphance orders must be corrected on or before the compliance date noted above. -When all orders have been ��d, please call 763-531-1000 to schedule the required re -inspection. -Upon satisfactory completion 2.5 Foundation 9�e orders as verified by the re -inspection, the Certificate of Compliance or Rental License will be issued to 2.6 Walls/siding f6ejndividual specified on the application form. For point of sale, the Certificate is valid for one year from date 2.7 Windows/doors issuance. -Any orders relating to health, safety or nuisance conditions shall be corrected regardless of 2.8 Roof property status. -This inspection does not indicate compliance with an inspection program other than that of the 2.9 Grad ing/d rainage 71�� - City of Crystal. - This inspection has been made by the city as a community service and does not constitute any representation, _0 Property guarantee or warranty to any person as to the condition of property inspected. The city does not intend any 3.1 Setbacks/lot �overage L,- Eoance to be made on this inspection and does not assume any responsibility or liability in the inspection and 3.2 Accessory structures Certificate of Compliance or Rental License. 3.3 3.4 Use/occupancy Outstanding orders _L�_ 115tst��pperty Maintenance Code Section 425.29, Appeals, Right of Appeal: When it is alleged by a person �Ip tp_wliom a compliance order is directed that the compliance order is based on erroneous interpretation or upon 3.5 Open permits misstatement or mistake of fact, that person may appeal the order to the city manager. The manager must 3.6 Vehicles/outd2or storage forward the recommendation to the �city council within 30 days after receipt of this appeal. The appeal must be 3.7 LandscapingNegetation in wr* must specify the grounds for the appeal, and must be filed with the housing official within five m 4.0 Health and Safety fsi�ncss�dayvs after service of the order. The filing of an appeal stays proceedings in furtherance of the action appealed from unless such a stay in the judgment of the housing official would cause imminent peril to life, 4.1 Smoke detectors 's recommendation and the manaf---'- health or p;operty. The city council must act promptly on the manager N6 4.2 Egress recomriferidation may be reversed, modified or affirmed in whole or in part by the council. The council' 6 4.3 Junk and debris sition of the appeal is final. 4.4 Other safety hazards I have inspected these premises this day under the authority of the C tal Property Maintenance Code. L;fiys Date:_P-h boto Inspector.: Cert/License No:(N WhAe Copy - City Yellow Copy - owner/Applicant Page 1 o City of Crystal Prol2erty Maintenance COML 4141 Douglas Drive N, Crystal MN 55422 Phone: 763-531-1000 Fax: 763-53.1 rj C---, IF 0 Property Condition Report and Compliance Order Permit Correction Notice Permit # Address: Date/Time of Inspection: \InA 10 1106,f`,— \A SZL Property Owner Property Owner's Phone 5 -a - C-: —�,, U AgentlContractor Agent/Contractor Phone Person present for Inspection: Name Phone _=No one will be present Lock Box Number ... .... .. . I LA -7 aa, Inspector Fw,,-X_�\-� C// // � Compliance Date all 1;oio Date ' White Copy - City Yellow Copy - Owner/Applicant/Contractor Page of CKV of Crystal Property! Maintenance Compliance 4141 Douglas Drive N, Crystal MN 55422 Phone: 763-531-1000 Fax: 763-531-1188 El Property Condition Report and Compliance Order I eln— W-1 Permit Correction Notice Permit # 4/—.3 Address: Date/Time of Inspection: Property Own I er Property Owner's Phone Agent/Contractor Agent/Contractor Phone Person present for Inspection: Name Phone M No one will be present Lock Box Number, /�6 41 1,2 Inspector Date Compliance Date White Copy - City Yellow Copy - Owner/Applicant/Contractor Page of i NI CI z z dl 0 z 0 0 0 z z z coz > W > > Q) z > 0 Q) z W > z w z C-4 N cl) 00 ri O E i CI z z z coz > W > > Q) z > 0 Q) z W > z w z C-4 N cl) O E Ln Eli 00 ER, 0 0 V) tz a CL > 0 > WE M ,u 40. V3 On to to Q. rx. CO 4t C) U i (IF PURCHASED BY EDA AT THE LIST PRICE) imated Budget $47,900 PURCHASE PRICE Jan 2009 EMV $150,000; list price $47,900 $90,000 rehabilitation costs $5,000 administrative costs (legal, title work, etc.) $2,800 holding costs (taxes, maintenance) $13,000 EDA staff time reimbursed by NSP $11,080 contingency (10% of the items above except the purchase price) $169,780 TOTAL EXPENDITURES FROM NSP (state conduit - MHFA) $90,000 SALE PROCEEDS TO BE RETURNED TO NSP $79,780 NET EXPENDITURES FROM NSP 2010.02.08 estimated budget for rehab LIST PRICE.As 2/8/2010 =-CONOMIC • AUTHORITY • THE CITY • CRYSTt. HENNEPIN • STATE •, • WHEREAS, the Economic Development Authority of the City of Crystal (the "EDA") has authorized the acquisition of real property located at 5732 Nevada Avenue North (the "Property"); and WHEREAS, the Property is comprised of a vacant, foreclosed house listed for sale by the foreclosing lender for $47,900; and WHEREAS, the EDA desires to purchase the Property and either demolish or rehabilitate it using federal Neighborhood Stabilization Program ("NSP") funds; and WHEREAS, the EDA finds that $47,900 is the fair market value of the Property, subject to completion of an NSP -approved appraisal confirming same; and WHEREAS, the EDA wishes to specifically and explicitly authorizing execution of any and all documents necessary to complete the purchase of the Property. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the acquisition of 5732 Nevada Avenue North for $47,900 or such lesser amount based on an NSP -approved appraisal to be completed; and BE IT FURTHER RESOLVED that Anne Norris, Executive Director of the EDA, is hereby authorized to execute any and all documents necessary to complete the FDA's purchase of the Property. BE IT FURTHER RESOLVED that Patrick Peters, Deputy Executive Director of the EDA, is hereby authorized to act in place of the Executive Director in the event of the absence or unavailability of the Executive Director. Adopted this day of Mark Hoffmann, President Anne Norris, Executive Director 21812010 S EDA STAFF REPORT ,Crffr CON Consider participation in First Look program for potential acquisitions of foreclosed properties John Sutter, City Plan ner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Directorz), KINKITUI RE: Consider an Access and Indemnification Agreement with Twin Cities Community Land Bank for the EDA to participate in the First Look program for the purchase of foreclosed properties In spring 2009, the city (through the EDA) has been awarded $588,000 of federal Neighborhood Stabilization Program ("NSP") funds for the purchase and demolition or rehabilitation of foreclosed houses. As you may recall, during the past nine months the EDA has made several attempts to purchase properties using NSP funds. So far, we have been successful once, with 5906 Elmhurst which closed on February 3, 2010. This is a blighted property and will be demolished, with a total estimated cost of $62,000. This leaves $526,000 of NSP funds that must be committed to projects by fall 2010. The difficulties with expending NSP funds are typically related to the dissonance between normal federal program requirements and the normal process for real estate transactions, being further exacerbated by the unique rules foreclosing lenders require for the sale of their properties. No matter how slowly the banks move in getting the property to market, they often are very time conscious once they put it on the market. Also, lenders often refuse to sign the required NSP addendum or wait for completion of federal environmental and appraisal requirements. The end result of all this is that it has been difficult to get NSP -funded deals to work, not just in Crystal but in most of the other Hennepin County suburbs that have been awarded NSP funds. The First Look program is an effort by a coalition of foreclosing lenders to make their properties available for acquisition by local entities using NSP funds. The program would give the EDA an opportunity to make an NSP -funded offer on a property before the lender puts it on the market. By approving the attached agreement, the EDA would be able to participate in the First Look program. EDA approval is recommended. PAGE 1 OF 1 This ACCESS AND INDEMNIFICATION AGREEMENT ("Agreement") is made this 1st day of February, 2010 ("Effective Date"), by and between TWIN CITIES COMMUNITY LAND BAND LLC, a Minnesota nonprofit limited liability company ("TCCLB") whose address is 615 First Avenue NE, Suite 410, Minneapolis, Minnesota 55413, and ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL ("EDAC"), a public body corporate and politic under the laws of the State of Minnesota, whose address is 4141 Douglas Drive, Crystal, Minnesota 55422. WHEREAS, TCCLB and certain qualified sellers consisting of lenders and servicers ("Sellers") as owners of certain foreclosed and abandoned properties located in certain economically distressed neighborhoods in the greater Minneapolis and St. Paul metropolitan area which are heavily affected by the foreclosure crisis ("Targeted Communities") are participants in the Real Estate Owned Purchase Program (the "Program") of the National Community Stabilization Trust, (NCST"); WHEREAS, pursuant to the Program, TCCLB is provided with (a) a right of first offer to purchase real estate owned properties ("REO Properties") located in the Targeted Communities from Seller prior to the traditional marketing and listing for sale of such REO Properties ("First Look Program") and/or (b) a bulk aged REO Property purchase program for purchasing significant numbers of currently -listed properties (`Bulk and Aged Property Program" and collectively with the First Look Program shall be referred to as the "Program") all of which REO Properties are located in the Targeted Communities; WHEREAS, the certain Program guidelines and agreements ("Program Guidelines") agreed to by TCCLB and by the Sellers provide TCCLB with an opportunity and limited right to access and inspect certain REO Properties identified through NCST prior to the execution of a Purchase and Sale Agreement; WHEREAS, the Program contemplates the re -sale by TCCLB of certain of the REO Properties to EDAC and EDAC has expressed an interest in purchasing certain of the REO Properties ("Identified Properties"); WHEREAS, TCCLB desires to assign to EDAC its rights to access and inspect the Identified Properties; WHEREAS, as a condition of TCCLB's assignment of its right to,access and inspect the Identified Properties, EDAC agrees to defend, indemnify, and hold TCCLB harmless from any and all claims made against TCCLB in connection with EDAC's inspection of the REO Properties; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignment of Right to Access and Inspect. TCCLB hereby assigns and delegates to EDAC its rights to enter upon and access and to inspect the REO Properties pursuant to the Program Guidelines. This assignment and delegation is non -delegable without TCCLB's prior written permission. 2. Indemnification. In consideration for TCCLB's assignment of its rights to inspect the Identified Properties and other consideration, including the right to purchase certain of the Identified Properties, EDAC hereby agrees to indemnify and fully protect, defend, and hold TCCLB, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims, costs, liens, loss, damages, attorney's fees and expenses of every kind and nature that may be sustained by or made against EDAC, its officers, directors, employees, shareholders, representatives, agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of (a) the entry upon and (b) inspection of the Identified Properties by the EDAC, or its employees, officers, agents or its permitted successors or assigns. 3. Insurance Requirements. EDAC shall maintain during the term of this Agreement comprehensive general liability insurance with minimum limits of $1,000,000 per occurrence and $3,000,000 in the aggregate. Upon request, EDAC shall provide a certificate of insurance evidencing such coverage and naming TCCLB as an additional insured. The certificate of insurance shall also state that the insurer shall provide written notice to TCCLB of cancellation or material change in the insurance coverage stated on the certificate not less than 30 days prior to the cancellation or change of coverage. 4. Costs of Inspection and Appraisals. EDAC shall be responsible for paying all costs resulting from its access to and inspection of the REO Properties. In addition, EDAC shall be responsible for paying the costs of any appraisals or broker price opinions ordered by EDAC. 5. 'Perm. The term of this Agreement shall commence on the Effective Date and shall continue until December 31, 2010 unless sooner terminated pursuant to Paragraph 6 below. Any sections of this Agreement which are intended by their terms to continue after termination survive the expiration or earlier termination of this Agreement. 6. Termination. Either party may terminate this Agreement at its discretion and without further obligation: (a) immediately if the other party breaches this Agreement and fails to cure such breach within five (5) days of written notice of default, or (b) at any time upon ten (10) days written notice to the other party. Upon termination, all unpaid fees owed to TCCLB or any third party by EDAC shall be immediately due and payable. 7. Independent Contractor. EDAC will at all times act as an independent EDAC and nothing contained herein will be construed to create the relationships of joint -venturers, agency or employer and employee between the parties. EDAC shall be responsible for the manner and means of performing its services under this Agreement and said manner and means are subject to the EDAC's sole control. EDAC shall be responsible for all state, federal, and local taxes, including estimated taxes, social security, disability insurance, if any, and any other similar form of payments, as well as all employment reporting, for the EDAC and any of the EDAC's employees or agents. 2 8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 9. Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement may only be amended by a written instrument signed by both parties. 10. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date first above written. TWIN CITIES COMMUNITY LAND ECONOMIC DEVELOPMENT BAND LLC, AUTHORITY OF THE CITY OF a Minnesota nonprofit limited liability CRYSTAL, a public body corporate and company politic under the laws of the State of Minnesota IC Rebecca L. Rom Anne L. Norris Its: Vice Chair Its: Executive Director 3 -24 FROM: John Sutter, City Planner/Assistant Community Development Director � DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director RE: Consider a letter of support for a federal grant for Twin Cities Habitat for Humanity to purchase, rehab and re -sell foreclosed properties Habitat for Humanity ("Habitat") is well known for its affordable housing model which constructs new houses and sells them to households at or below 50% of area median income. The new homeowners are required to make payments, pay property taxes and maintain the property just like any other homeowner. Less well known is Habitat's interest in rehabilitating foreclosed houses and selling them to new homeowners using a similar financing model. To that end, Habitat and Hennepin County are submitting an application for $400,000 in federal HOME program funds to assist with the purchase and rehabilitation of four foreclosed houses in participating cities throughout the county. In order for Habitat to use these funds (if awarded) in Crystal, Habitat must secure a letter of support from the city. EDA authorization for the City Manager to send the attached letter is recommended. PAGE 1 OF 1 February 17, 2010 4141 Douglas Drive North - Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 - Fax: (763) 531-1188 - www.ci.crystalmn.us Hennepin County Commissioners Hennepin County Government Center 300 South Sixth Street Minneapolis MN 55487 RE: Habitat for Humanity HOME funding application Honorable Commissioners: At the February 16, 2010 meeting of the Economic Development Authority of the City of Crystal, a motion was made and approved to support a grant proposal that Twin Cities Habitat for Humanity ("Habitat") will submit for HOME funding, provided that any properties acquired, renovated and re -sold by Habitat will not become tax-exempt or rental properties. The proposed HOME grant will fund foreclosure remediation efforts in suburban Hennepin County. Habitat proposes to locate four foreclosed homes in the hardest hit neighborhoods of the county, acquire and rehabilitate them, and sell them to low-income families using Habitat's 0% interest mortgage model. This project will help restore neighborhoods and create affordable workforce housing in our community. In addition to HOME funding, individuals, corporations and churches throughout the area will contribute towards the projects. It is the city's understanding that, under this model, the rehabbed houses will be owner - occupied, taxable property, and not rental or tax-exempt property. The city's support for the HOME grant application is conditioned upon this understanding. Please feel free to contact me at (763) 531-1140 with any questions or concerns you may have. Thank you. Sincerely, Anne L. Norris, Executive Director Economic Development Authority of the City of Crystal cc: Twin Cities Habitat for Humanity Tuesday, February 16, 2010 To immediately follow the Special EDA Meeting Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Work Session of the Crystal City Council was held at p.m. on Tuesday, February 16, 2010 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Grimes Norris J. Moore Therres Selton Anderson Bowman Hoffmann L. Moore Mathisen 11. Agenda The purpose of the work session is to discuss the following agenda items: 1. 36th Avenue - overlay and restriping 2. Appreciation dinner for commissions 3. Other — March is Food Shelf Month Ill. Adjournment The Work Session adjourned at p.m. GACity ClerMoundlWork sessionftsagenda2.16,10.andoc TO: Anne Norris, City Manager (for February 16 Work Session) DATE: February IkIM !111111111111 r I 111�111�1111 1� 1 111111 11 1 111 11111111 11��1111 11 1 �Ii 11��1111 ��1111 111111111111 1 In 1974, State Highway 278 was rebuilt from State Highway 52 (now County Road 81) in Robbinsdale to Regent Avenue in Crystal. Subsequent to that, Highway 278 was turned over to the City's of Robbinsdale and Crystal and became State Aid Road 36th Avenue. Between 1991 and 1993, two separate projects completed the reconstruction of 36th Avenue from Welcome Avenue to Louisiana Avenue. Along this stretch of 36th Avenue, from County Road 81 to Louisiana Avenue, the asphalt surface is 17 to 25 years old. The surface is failing in many areas and in need of a mill and overlay project. For the last 10 years, the Comprehensive Plan has indicated a potential change for portions of 36th Avenue from a 4 -lane to a 3 -lane section with shoulders. In the last five years, this has been done on both Medicine Lake Road and Bass Lake Road east of County Road 81. DISCUSSION The City of Robbinsdale is very interested in participating in both a mill and overlay project and a re -striping project in 2010. At a recent joint meeting, Crystal was named as the project lead as far as design and project management. The overlay portion of the project is straight forward. The roadway will be overplayed as it is now, with the exception of an added right turn lane for eastbound traffic at Regent Avenue. The re -striping to a Vane section requires additional analysis. Crystal and Robbinsdale have agreed to share the cost of retaining a traffic engineering consultant to study the following: ® Feasibility of striping a 3 -lane section along four separate portions of 36th Avenue between Louisiana Ave. and Co. Rd. 81. ® Evaluation of the signal at Noble Avenue and related implications of a 3 -lane section. • Evaluation of potential future need for a signal at Regent Avenue. ® Assistance in public informational meetings as the project progresses. In order to complete the analysis of the re -striping portion of the project in time to build the project in 2010, it is important to start the process immediately. Because this is a State Aid route, additional time is necessary for State Aid approval. At the other end of the project, discussions are being held with New Hope regarding continuing the 3 lane restriping from Louisiana to Winnetka Avenues. FINANCIAL IMPACT It is anticipated that the overlay portion of the work will be funded through special assessments. A special assessment policy for overlay projects has to be developed. This work can proceed at the same time as the traffic analysis work. There are funds budgeted in the Street Maintenance Fund to cash flow the overlay project. The signal at Noble Avenue is approximately 35 years old (except for the control cabinet which was bowled over by an "impaired" driver about 10 years ago). There is a good chance that the study results will call for a new signal due to the 3 -lane re -striping and the age of the existing signal. A new signal would cost approximately $200,000. The cost would be split with Robbinsdale. At present, there are no funds specifically budgeted for this work. MIUN11TA-1 This project is being brought to the Council at a work session to provide an update and get input regarding the various aspects of the project. Respectful) submitted, Tom Mathisen City Engineer/DPW Upubworks/projects/2009/36 th Overlay/Counci1WrkSes2-1 1 mem c C ;CRYSTAL COUNCIL - STAFF REPORT Work Session: City,S 501h Anniversary Celebration FROM: Kim Therres, Assistant City Manager/HR Manager Janet Lewis, City Clerk DATE: February 10, 2010 TO: Crystal City Council City Manager Anne Norris SUBJECT: Annual Appreciation Commission Event At a January City Council Work Session, the Council discussed the annual commission appreciation dinner and the 50th Anniversary of the City. During the discussion, the concept of combining the commission appreciation event with the City 50th Anniversary event was brought forth. In recent years, the commission appreciation event has involved a dinner at an area restaurant and a brief recognition program. There was some discussion of changing the event this year by holding it at the Crystal Community Center and having appetizers with a cash bar being available. A brief recognition program may also be included. The 50th Anniversary celebration will be held in June and may involve a picnic lunch, musical entertainment and recreational activities before and after the picnic lunch. Commission staff and council liaisons were asked to gather feedback of combining the events from the various commissions. The following is a summary of the feedback that was received: 13 Environmental Quality Commission: Interested in combining the appreciation dinner and the 50th Anniversary celebration. They would like to discuss having a display at the event. © Human Rights Commission: Interested in combining the appreciation dinner and the 50"'Anniversary celebration. They would like to have individual name tags for the event to identify themselves as Human Rights Commission members. 13 Parks and Recreation Commission: Interested in combining the appreciation dinner and the 50th Anniversary celebration. They would like to discuss having a display at the event. 13 Planning Commission: Five commission members responded. Three said to keep the events separate and two said to combine the events. There is not a strong interest in having an informational table at the anniversary event. The tentative date for the commission appreciation event is Thursday, April 8th. Staff is requesting the Council to choose whether to hold separate events or combine the events to ensure time for preparation of the commission appreciation event. 1:\50 Year Celebration\Annual Appreciation Dinner Council Merno.doc Memorandum T C�� S, AL L -j C' -J DATE: February 11, 2010 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Funding Food Shelves Serving Crystal Residents Several years ago, the Council adopted Resolution #2008-56, a policy regarding use of charitable gambling proceeds. The policy outlines the type of services or organizations that may receive funds from charitable gambling proceeds and is based on language in Minnesota Statutes, Section 349.12, Subd. 25. This allowed the Council to provide funds to local food shelves serving Crystal residents, NEAR and PRISM. Donations made in March to area food shelves will be matched by a grant. Attached is the December 31, 2009, statement of the status of the City Initiatives Fund, the fund where charitable gambling proceeds are accounted. There are sufficient funds in the charitable gambling proceeds to contribute $1,000 each to NEAR and PRISM. 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