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2010.08.02 Council Meeting Packet1s` Council Work Session to discuss: ® Proposed Mediated Claims Settlement for Phase 9 Street Project Conference 6:00 — 6:30 p.m. with Palda & Sons (closed meeting) Room A ® Final issues relating to restripinp to 3 lanes on Douglas Drive and 36t Ave (open meeting) 6:30 — 6:55 p.m. Regular EDA Meeting Council Chambers 7:00 p.m. Regular City Council Meeting Council Chambers After the Regular EDA Work Session to discuss updates on Conference City Council Meeting redevelopment activity Room A — 2n, Council Work Session to discuss: Conference After the EDA Work ® Public Works Facility Room A Session ® Changes in state law regarding tattoo and body art licenses 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 Monday, August 2, 2010 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Bowman Norris J. Moore Therres Selton Banick Anderson Norton L. Moore Mathisen Hoffmann Hansen Lewis 11. Agenda The purpose of the work session is to discuss the following agenda items: 1. Proposed Mediated Claims Settlement for Phase 9 Street Project with Palda & Sons (closed meeting) 2. Final issues relating to restriping to 3 lanes on Douglas Drive and 36th Ave (open meeting) Ill. Adjournment The Work Session adjourned at p.m. GACity ClerMCoundhWork sessionftsagenda8.021 0,firstdoc COUNCIL - STAFF REPORT Douglas Drive Restriping o Three Lanes FROM: Tom Mathisen, City Engineer TO: Anne Norris, City Manager (for August 2 City Council Meeting) DATE: July 30, 2010 RE: Consider Resolution Approving Douglas Drive 3 -lane Restriping Proposal and Associated No Parking Ban The attached July 15 staff memorandum provides background for the proposed project. Additional discussion was conducted at the July 20 Council work session with representative Bob Byers from Hennepin County present to answer questions. The attached resolution authorizes the County to restripe that portion of Douglas Drive North (C.R. #102) between Medicine Lake Road and Corvallis Avenue to a 3 lane section. The resolution also bans parking 24-7 on both sides of Douglas Drive in the same corridor. It is recommended that the Council adopt the attached resolution. Respectfully submitted, Tom Mathisen, DPW/ City Engineer Upubworks/projects/2009/ 2009-21 Four Lane to Three Lane 102/Restripe No Park mern.doc TESOLUTION NO. 2010 - RELATING TO PARKING RESTRICTIONS AND 3 -LANE RESTRIPINC ON DOUGLAS DRIVE (C.R.#102) BETWEE10 WEDICINE LhXE All in the City of Crystal, Minnesota THIS RESOLUTION passed on the 2nd day of August, 2010, by the City of Crystal in Hennepin County, Minnesota. The Municipal Corporation shall hereinafter be called the "City," WITNESSETH: WHEREAS the Hennepin County Highway Department has planned the improvement of Douglas Drive North between Medicine Lake Road and West Broadway Avenue by mill and overlay; and WHEREAS, the County has requested that the City authorize the County to restripe that portion between Medicine Lake Road and Corvallis Avenue as a 3 lane section with one travel lane in each direction, one bi-directional center left turn lane, and one paved shoulder on each side, which will require that the corridor be posted No Parking 24-7; and WHEREAS, the City has conducted a neighborhood meeting at the Crystal Community Center and the City Council has considered additional input from residents and users of the roadway; and the Council has found that the safety improvement afforded by the 3 lane section make it advantageous to approve the proposed 3 lane secton. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL: That Hennepin County Highway Department restripe that portion of Douglas Drive North between Medicine Lake Road and Corvallis Avenue to the proposed 3 lane section; AND FURTHER, that the City shall ban the parking of motor vehicles at all times as follows: Douglas Drive North (C.R. #102) both east and west sides from Medicine Lake Road to Corvallis Avenue. Adopted this 2nd day of August, 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk I:pubworks/projects/2009/2009-21 Four to Three Lane 102/No Park 3 Lane res COUNCIL - STAFF REPORT Pouglas Drive Restripinq orkSession AN— — FROM: Tom Mathisen, City Engineer TO: Anne Norris, City Manager (for July 20 City Council Work Session) DATE: July 15, 2010 RE: Continued Discussion - Hennepin County 3 -lane Restriping Proposal The attached May 3 memo from Hennepin County and April 28 staff memo provide background for the County's proposed Douglas Drive mill and overlay project scheduled for 2010. As part of the project, the County has proposed to restripe Douglas Drive from the current four lanes (two travel lanes each direction) to a 3 -lane section (one travel lane each direction, one shared center left turn lane), and one paved shoulder on each side. The Crystal project limits are from Medicine Lake Road to the CP Railroad crossing, just south of West Broadway Avenue. The City of Golden Valley has already approved the Douglas Drive3- lane section from Golden Valley Road to Medicine Lake Road. On July 7, an informational open house was held at the Community Center. All 240 affected property owners with Douglas Drive frontage were notified by first class mail. The meeting was also promoted in the Sun Post and on Cable 12. Approximately 25 property owners attended the open house. Written comments were solicited and the 13 received are attached. The three main concerns expressed by those not in favor of the proposal related to delays in getting out of their driveway, whether two lanes could handle the traffic, and for a few, the loss of street parking during non rush hour times. Based on the relatively low turnout at the meeting, one observation could be that many property owners were indifferent to the proposed restriping or loss of parking. And based on the written and verbal comments at the meeting, it appears that the loss of parking was not an issue for many property owners. In fact, there were comments to the effect that it was not safe to park on Douglas Drive at anytime. Concerns expressed about traffic volume created by converting to two lanes are legitimate and certainly easy to understand. However, in the City's previous two three lane projects, the same concern was expressed, but the anticipated congestion has not materialized. Both the converted Bass Lake Road and Medicine Lake Road 3 -lane sections are carrying as much traffic as the 4 -lane section -did. Access to Douglas Drive by backing from single family driveways is not only a legitimate concern but also one element that was not present to the same level on the previous two projects. Evidence from the County on other projects point to an increase in wait time during rush hour, to enter the mainline traffic when backing out of a driveway. However, the increase has not been significant enough to create major hardship, and in the case of Douglas Drive would only be a factor more in the afternoon rush hour than the morning. The County has delayed this project pending a final decision from the Council. It is not recommended to do mill and overlay projects past the middle of September due to cold morning temperatures. The County hopes a decision can be made at the August 2 meeting. The Council may view the Douglas Drive 3 -lane proposal to be different from the Bass Lake and Medicine Lake Road projects due to the number of driveways. If this is the case, it may be possible to approach the County with a request to mill and overlay and restripe to three lanes only the section between Medicine Lake Road and 36th Avenue. This could be a way to establish the impact on traffic and driveway related delays without committing to the entire length of the project. Presumably, if the first section was considered a success, then the County would finish the project in 2011 with the 3 - lane section. Either way, the City would look for a commitment that the balance of Douglas Drive would be mill and overlayed up to west Broadway in 2011. Respectfully submitted, Tom Mathisen, DPW Upubworks/projects/2009/ 2009-21 Four Lane to Three Lane 102/councilupdatemem2.doc COUNCIL STAFF REPORT 36th CITY1,i;f, (CRYSTAL Striping and Contract Award - 36 Ave. Overlay . cil FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for August 1 City Council Meeting) DATE: July 29, 2010 RE: Consider Resolution Approving Restriping Plan, and Resolution Awarding Mill and Overlay Contract Project #2009-09 0030214429= A total of eight bids for the above project were received on July 28. The four lowest bids are shown below: CS McCrossan $692,848.83 Midwest Asphalt 694,534.88 Bituminous Roadways 696,206.00 Hardrives, Inc. 707,550.65 The low bid of CS McCrossan is below the Engineer's estimate and is a qualified contractor. It is recommended that the Council adopt the attached resolution awarding the contract to CS McCrossan. I IN *3 9 1114 Attached is a July 27 memo and striping plan prepared by Bolton & Menk, Inc. The plan shows the most current revised layout based on comments received and traffic engineering requirements necessary to provide smooth transitions with adequate merging distances. Public meetings were held at City Hall on June 24 and July 21to discuss the proposed restriping of portions of 36th Avenue to a two lane section. This will result in one 11 foot travel lane in each direction, one 12 foot bi-directional left turn lane, and one 5 foot no - traffic shoulder on each side. The sections under consideration are from a point east of Regent Avenue to France Avenue in Robbinsdale, and from Douglas Drive to a point west of the CP Rail bridge in New Hope. The latter section would require the removal of the stop signs on 36th at Louisiana Avenue. Both meetings were attended by approximately 20-25 residents. Approximately 10 attendees were at both meetings. And the City of New Hope invited their residents in the vicinity of Louisiana and Maryland Avenues north of 36th to the second meeting which focused on the Douglas to Winnetka section and the removal of the stop signs. No comment has been received regarding the section between Regent and France Avenues. The Noble traffic signal will remain in place. The City of Robbinsdale has already approved restriping that section to three lanes. The Engineering Department recommends approval of this three lane section. There were comments both pro and con on the Douglas to Winnetka section. Property owners along 36th Avenue were in favor of the three lanes because it was seen as a way to slow traffic and potential discourage truck traffic. Other residents were concerned about the removal of the stop signs and potential increased difficulty in getting onto 36th Avenue, especially *during rush hours. It was explained that the proposed plan will require some changes in driving habits during certain parts of the day. However, it was also discussed that even with the stop signs removed, that slower moving vehicles will provide gaps in traffic to allow safe entrance in either direction onto 36th Avenue. Based on other three lane conversions in Crystal, New Hope, and other cities, it is seen that the three lane section does not result in traffic congestion, and actually provides a safer method of moving the same volume of traffic. It is recommended by the Engineering Department that this three lane section also be approved. The project will be cash flowed and partially funded by the Street Reconstruction Fund, with the balance being paid by special assessments and the City of Robbinsdale. There is no impact on the General Fund. It is recommended that the City Council adopt the attached two resolutions. The first resolution awards the contract to the low bidder. The second resolution approves the restriping plan as shown in the attached document. Respectfully submitted, Thomas A. Mathisen City Engineer 1:pubworks/projects/2009/36 th Overlay/Awardcntrctstripingmem RESOLUTION NO 2010 - WHEREAS, the City Manager's office has reviewed and recommends approval of said appropriation and contract and award; and WHEREAS, it has been determined that said construction is in the best interest of the city; and WHEREAS, bids were advertised for the project as required by law, seven bids were received from qualified contractors. The three low bids are listed as follows: CS McCrossan Const., Inc. $692,848.83 Midwest Asphalt Corp. $694,534.88 Bituminous Roadways, Inc. $696,206.00 NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract to CS McCrossan Const., Inc. in the amount of $692,848.83 Adopted by the Crystal City Council this 2nd day of August 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 1:\PUBWORI,,'S\Projects\2009\36th overlay\awardresMthaveldoc RESOLUTION NO. 2010 - APPROVING RESTRIPING PORTIONS OF 36TH AVENUE TO A THREE LANE SECTION AS PART OF PROJECT # 2009-09 WHEREAS, there is a desire to improve traffic related safety conditions on 36ti' Avenue between June Avenue and Winnetka Avenue; and WHEREAS, in 2010 as a joint project the Cities of Crystal and Robbinsdale are constructing a joint mill and overlay project of 36"' Avenue, which means the entire corridor will be restriped; and WHEREAS, both cities have proposed restriping portions of the road to one 11 foot traffic lane each direction, one 12 foot bi-directional left turn lane, and one 5 foot no - traffic shoulder each side; and WHEREAS, this work is proposed from a point east of Regent Avenue to France Avenue, and from Douglas Drive to a point past the CP Rail bridge to the west in New Hope; and the Engineering Department recommends said traffic flow changes be made; and WHEREAS, the adjoining City of Robbinsdale has already approved the same restriping project for their portion of the roadway; and WHEREAS, a public information campaign and two public meetings have been conducted resulting in both positive and negative input from the public. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby considers the predicted decrease in accidents and average speed to be a net positive for the corridor resulting from the project and therefore approves the restriping project. Adopted by the Crystal City Council this 1st day of August 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk is/pubworks/projects2009/2009-09/36thAve Restripe res EF3 (Z> L–==r(Z) r ---J 91- NA E=— r -,J ® 1 Consulting Engineers & Surveyors 12224 Nicollet Avenue - Burnsville, MN 55337 Phone (952) 890-0509 - Fax (952) 890-8065 www.bolton-menk.com MEMORANDUM Date: July 27,2010 To: Tom.Mathisen, P.E. City Engineer, City of Crystal Paul Coone Operations Manager, City of New Hope Richard McCoy, P.E. City Engineer, City of Robbinsdale From: Bryan Nemeth, P.E., P.T.O.E. Marcus Thomas, P.E. Bolton & Menk, Inc. Subject: Final 3 -Lane Option Layouts 36'l' Avenue North Conversion Study I r-' -J C--� 0 The final layout with striping and signing is included for 36"' Avenue North from Fi-drice. Axenue to. Winnetka Avenue. The only changes to the Segment I layout is the inclusion of the signing and the change of the color of the bus stop locations. Based on the analysis and comments received, the layout for 36h Avenue west of Douglas Drive has been completed. The transitions from 4 -lane to the 3 -lane section occur as appropriate for the area where turn lanes were determined to be needed, wl-ffle also acknowledging that the transition on the east end needs to happen at safe distance to allow westbound traffic to clear the intersection. Please see the attached Layout for the transition signing and striping configuration. As iterated previously, the 3 -lane section would provide a safer roadway, with the left turn movements separated from the thru movements on 36'1' Avenue. The 3 -lane section also provides a 5' shoulder, providing for a narrower roadway width for pedestrians to cross while also providing extra space for vehicles to pull out into traffic with better sight lines. Additionally, the left turn lane space can serve as a midway stopping point to cross half the street at a time and also provides for an easier time crossing in that a pedestrian only has to keep track of one lane of traffic from each direction. The 3 -lane roadway section west of Douglas Drive would provide acceptable operations except at the all- H:\CRY5\T16102092\docs\36th Avenue Technical Memo 072710.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer Page 2 way stop intersection of Louisiana Avenue. The additional delay to 36th Avenue traffic would be unacceptable to drivers under the all -way stop condition with only 1 thru lane in each direction. Queues would potentially be 2-3 times longer than the existing queues, which would likely block numerous driveways during the peak hours. Acceptable operations could be provided with the 3 -lane section if the all -way stop was removed, but delay for drivers from Louisiana Avenue to get onto 36`h Avenue would be increased to higher levels than today during the peak hours. Please review the attached layout and email or call me if you have any questions. H:\CRYS\T16102092\docs\36th Avenue Technical Memo 072710.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. x loml In f wLd Ln �Meg 1 W 9 u G u I f u "RAW ZCL s HU �w to Z wuPON uo a 3NYI� •.�� a �. ��1NJI8 �i � P y' x a ZLd uj SUN3 3NY1 h X31 E t-=." 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W t. wo mr �� 3 Eli jl { H 3NIIHDIVW u6p•800e�n61}�y60ZOt�sa�n614\Z60201911\-A-vy nd 6f-OlY OIOZfLZ/L 6+.4Jd-Jcic.'}p0 Iwuyo( H 3NIIHD1VN x v 9 Wz 1 - W L� 15 * " W WLn V F 3 J Z CLL OW v i z� �U Etc a WU 0=3a U O 00 T + Z W Dw LIP i ✓ MERGE v"'Li O -� LEFT ----� ' U ANA TF u5-1 a'��••_flIGHT 1 � � a ' x ENDS _y, 4 +•t t x47 to II rag y� .. am � T + m W LL Q g LL Yxr > :3,"t- a.wmw r+4u..F+�•.� Nt'.'. u MIN u8p•6OOOJn6�}-Z60ZOT\so Jn6�}�Z602019f{\��\+4 rid P001'Z OTOULZ/L a}�{Id'uolor}ptl i�uyoL AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL ® REGULAR MEETING e, MONDAY, AUGUST 2, 2010 6:30 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order 2. Roll call 3. Consider approval of minutes from the July 20, 2010 special meeting* 4. PUBLIC HEARING (continued from June 1, 2010): Consider a resolution authorizing the sale of a lot at 4807 Idaho Avenue North to Novak -Fleck* 5. Consider a memorandum of understanding relating to the potential transfer of two NSP - funded lots to Twin Cities Habitat for Humanity for construction of new affordable single family houses* 6. Consider a resolution authorizing acquisition of foreclosed property at 3528 Noble Avenue North* 7. Consider a resolution authorizing acquisition of foreclosed property at 4342 Xenia Avenue North* 8. Consider acceptance of a demolition proposal for 3401 Douglas Drive North* 9. Other business 10. Adjournment * Materials attached 07/29/10 GAEDA\Agendas\201 0\08.02.doc Minutes of the Crystal Economic Development Authority Special Meeting July 20, 2010 President Hoffimnui called the Special Meeting of the Crystal Economic Development Authority to order at 6:45 p.m. Upon call of the roll, the following members were present: David Anderson, ReNae Bowman, Mark Hoffmann, Tim Hoppe, Janet 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 Bowman (Anderson) to approve the minutes from the July 6, 2010 Regular Meeting. Motion carried. The EDA held a public hearing, continued from the July 6, 2010 Regular Meeting, to consider a resolution authorizing the sale of a lot at 4807 Idaho Avenue North to Novak -Fleck. No one appeared at the hearing. Motion by Commissioner Selton (Hoppe) to continue the hearing to August 2, 2010, at the request of staff. Motion carried. The EDA considered a request from Fieldstone Family Homes for purchase options on two lots: 54013 5t" Avenue North and 5417 35t" Avenue North. Motion by Commissioner Bowman (Hoffmann) to approve option agreements with Fieldstone Family Homes for 540135 th Avenue North and 5417 35th Avenue North subject to the conditions cited for each property in the staff report. Motion carried. Motion by Commissioner Hoffinani (Selton) to adjourn the regular meeting. Motion carried. The meeting adjourned at 6:57 p.m. Mark Hoffmann, President ATTEST: ReNae Bowman, Vice President Vt. EDA STAFF REPORT "TY it AcYsTAL 4807 Idaho Avenue North Sale of Lot — PUBLIC HEARINr FROM: John Sutter, City Planner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: July 29, 2010 TO: Anne Norris, City Manager (for August 2, 2010 EDA meeting) SUBJECT: PUBLIC HEARING (continued from June 1, 2010): Consider a resolution authorizing the sale of a lot at 4807 Idaho Avenue North to Novak -Fleck We have received a proposal from Novak -Fleck to purchase this lot and build a new single family house. The builder has an active Building Contractor license with the state with no enforcement actions. The lot price is $55,000. Site information and proposed house plans are attached as Exhibit A. The plan is similar to that which the EDA tentatively approved on May 18, 2010, but the house footprint is larger (1,008 vs. 912 sq. ft.). The upper level would have two bedrooms and two bathrooms and the unfinished lower level would have space for two more bedrooms, another bathroom, and a large family room to be finished in the future. The builder does not yet have a buyer for this house. The builder is planning to build it as a model home, and for this reason is seeking EDA approval to have the option of not finishing the lower level. The builder expects that the buyer will "upgrade" by having the builder fully or partially finish the lower level. However, the builder would like to have the option of leaving it unfinished at this time. REQUESTED EDA ACTION: After holding the public hearing, consider adoption of the resolution attached as Exhibit B. PAGE 1 OF 1 X99 a ®' (approx.) N ' m n v 1 ' I --- IT7CD il c 1 11 ♦( o o k1® mo 1 I rf re 4r < m '* I °gym 9 (° cn "..:1, � ° r o ° e e ' r m Lem \ t, ( I P °3 v m b i ur i n o u s sur f a c 4i.b -o = m �tj � I CD, umfnO co 1 i o S u r `-'- i \ ,� , • +, Chi f o e 1 ♦ Co -i Remains of concre CD w k ' 7. 4 1 t co 61 r o ! J 5. 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KESOLUTION NO. �; If . •, •- • 11 •i WHEREAS, the Economic Development Authority of the City of Crystal ("the EDA") is the owner of the property located at 4807 Idaho Avenue North and legally described as the North 60 feet of Lot 4, Block 2, Ostman's 5t" Addition ("the Property"); and WHEREAS, the EDA has solicited proposals from builders who desire to purchase the Property from the EDA and construct thereon a new single family house; and WHEREAS, the EDA has reviewed and accepted the proposal from Novak -Fleck. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the sale of the Property to Novak -Fleck. BE IT FURTHER RESOLVED that the sale shall be completed in accordance with the terms of the Purchase and Redevelopment Agreement in substantially the form on file in City Hall, and that the President and Executive Director are hereby authorized to sign said Agreement. Adopted this day of President ATTEST: Executive Director ,. a.. EDA STAFF REPORT R f P.R4... Memorandum Yt of Understanding with Twin Cities Habitat for Humanity FROM: John Sutter, City Planner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director TO: Anne Norris, City Manager (for August 2, 2010 EDA meeting) SUBJECT: Consider a memorandum of understanding relating to the potential transfer of two NSP -funded lots to Twin Cities Habitat for Humanity for construction of new affordable single family houses By the end of August 2010, it is expected that the EDA will have purchased five blighted properties using federal Neighborhood Stabilization Program ("NSP") funds. These properties have been purchased with the intent of demolishing the existing houses and selling the lots for construction of new, owner -occupied single family houses. Federal rules require that at least two of the lots must be developed with houses affordable to households below 50% of area median income, or $42,000. The rest of the NSP -funded lots must be developed with houses affordable to households below 120% of area median income, or $100,800. To satisfy NSP requirements, staff recommends using the first two acquisitions, 5906 Elmhurst and 4259 Vera Cruz, to satisfy the requirement that two NSP -funded lots be sold for construction of houses affordable at 50% AMI. The five lots are as follows: ADDRESS ACQUIRED AFFORDABILITY REQUIREMENTS 5906 Elmhurst 2/03/2010 buyer cannot exceed 50% AMI ($42,000) 4259 Vera Cruz 6/24/2010 buyer cannot exceed 50% AMI ($42,000) 5724 Perry 7/21/2010 buyer cannot exceed 120% AMI ($100,800) 7041 60t" 8/09/2090* buyer cannot exceed 120% AMI ($100,800) 3528 Noble 8/26/2010* buyer cannot exceed 120% AMI ($100,800) * anticipated closing date PAGE 1 OF 2 The following Exhibits are attached: A. Map and aerial photos showing the location of the subject properties B. Background information from Twin Cities Habitat for Humanity C. Proposed Memorandum of Understanding The EDA has historically sold its lots for houses to be built and sold in accordance with the prevailing local market. Construction of new houses affordable at 50% of area median income would represent a deviation from the market-based approach Crystal has used in the past. However, with the use of federal funds comes certain requirements which must be met. By designating 5906 Elmhurst and 4259 Vera Cruz for affordability at 50% AM[, the EDA would be able to sell 5724 Perry, 7041 60th 3528 Noble and subsequent NSP -funded lots for affordability at 120% AMI, which would be consistent with the market -rate houses being built on other EDA lots in Crystal in 2010. Twin Cities Habitat for Humanity has an already -in-place financing model that has proven effective at achieving long term homeownership for households below 50% AMI. Their financing model does typically depend on donated land, but NSP rules allow the lot to be sold at no cost in order for the new house to meet NSP affordability requirements. Habitat has a track record of working with local governments and achieving compliance with administrative requirements for federal programs. They also have a variety of house plans including ramblers, splits and two story houses. Habitat's house plans would be subject to EDA review and approval, just like any other house plan for an EDA lot. In a nutshell, staff believes that the proposed partnership with Twin Cities Habitat for Humanity would enable the EDA to focus on what it does best — sell lots for construction of new market -rate houses. The proposed Memorandum of Understanding describes the broad outlines of how the partnership between the EDA and Habitat would work. This would be followed with detailed Purchase and Redevelopment Agreements for each property, which the EDA would consider authorizing only after staff, Habitat and Hennepin County work out all of the details, and after the EDA holds a public hearing on the proposed conveyance to Habitat. REQUESTED EDA ACTION: Authorize the Executive Director to sign the proposed Memorandum of Understanding attached as Exhibit C. F&TAT C]AWNT M • TURN 4iIw _"� b2 ND I NEW' HOPE i sav ON Nz z taeffi,.— L DA DY F. � 62oeiv. -� 60 1110 AVE �i ^. ' TH fi u 59TH .: "E. a AVE. 59'. come)TMTHi R� •N`M`"Li STN RV N. Ij a I?o 0 W O I: 51ST CORVALLIS v4spap rum 1 Q 50—TH.•-� ti} •%'Z 48 THC as AVE x x E:31;0 • I?k � 44TH =) IS k' z B:,, � i+ az No W •� 17.V01 'e:':".%4unIm n.,.., . 1^•m�•'•ti. '..i+S:T.^ _ ^f:; m '•..�-,• iryr �•ml�','s,'.,. ^a�Ns ulRxlw sl,'I A. (two \ N'60TH CryGlDl Airports AVE. Nle ;{ 10 Q Q 58TH AVE M. TN AVE .11 `N. F�0� AVE N. W W F ASSN 10 Q Q z �0 � rw rwrTr PL. 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AV DIG1 �I yr '• %� GOLDEN VALLEY TIIN i,e 5 [11 �iC e N..' 'F ®� !p0 11/ � G � T I ' ASI �ROBBINSDALE' u�Is UI L_J1 1l �� t 367H W y AVE. NW I Q��4VE. 1t 35TH 1 N d y W FF +; I GOLDEN ALLEY areok a Y W �J ole } t A, lo Ina a C� �� T��Tt�l I. • (T 5906 ELMHURST AVE N 4259 VERA CRUZ AVE N I c� Cd o� r _ CD r o _ bA � FJ4 �► sir o� ® ®' c, -� c� Cd r _ CD r o _ bA � '�' �► sir ® ®' c, -� .r--4 En u Cd •� �, 4J • ® w � vs Cd cd r _ r o _ :� � '�' �► sir y 4-3 04 o @t els f� y bn els f� W-4 9 10 0 W-4 9 oP-40-4Cil ts MEMORANDUM OF UNDERSTANDING 5906 ELMHURST AVENUE NORTH AND 4259 VERA CRUZ AVENUE NORTH This Memorandum expresses the understanding and intent of Economic Development Authority of the City of Crystal ("EDA") and Twin Cities Habitat for Humanity ("Habitat") to enter into Purchase and Redevelopment Agreements for the conveyance of certain properties from the EDA to Habitat for the purpose of constructing new, owner -occupied, affordable single family houses in accordance with federal Neighborhood Stabilization Program ("NSP") requirements. The addresses of the properties are 5906 Elmhurst Avenue North and 4259 Vera Cruz Avenue North (collectively, "the Properties"). EDA and Habitat propose the following mutually acceptable terms, subject to review and approval by Hennepin County for NSP compliance, and subject to applicable requirements for notification and public hearing prior to conveyance, and subject to consideration and mutual approval of Purchase and Redevelopment Agreements for each of the Properties by EDA and Habitat: No later than November 30, 2010, EDA would complete site clearance at the Properties; and 2. No later than December 31, 2010, Habitat would complete the purchase of the Properties fiom EDA for a price of $1.00; and 3. No later than December 31, 2012, Habitat would construct a single family house on each of the Properties with no less than three bedrooms, two bathrooms and a two car garage, subject to EDA approval of the site and building plans ("Houses"); and 4. No later than March 31, 2013, Habitat would complete the sale of Houses; and 5. Houses would be affordable for and sold to households at or below 50% of area median income; and 6. Houses would be sold to owner -occupying households. This Memorandum expresses the general intentions of the EDA and Habitat, and shall not be construed in any way as containing all specific or final provisions of an agreement between EDA and Habitat. This Memoranduun does not in any way constitute a binding contract between the parties. For: Economic Development Authority of the City of Crystal 4141 Douglas Dr N Crystal MN 55422 Sign: . For: Twin Cities Habitat for Humanity 3001 4th Street SE Minneapolis MN 55414 Date: Sign: Date: EDA STAFF REPORT ZCITY 3528 Noble (NSP Acquisition for Demo) V FROM: John Sutter, City Plan ner/Assistant Community Development Directorg�i. DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: July 29, 2010 TO: Anne Norris, City Manager (for August 2, 2010 EDA meeting) RE: Consider a resolution authorizing acquisition of foreclosed property at 3528 Noble Avenue North The EDA has been awarded funds from the U.S. Department of Housing & Urban Development's Neighborhood Stabilization Program ("NSP") which may be used to purchase vacant, foreclosed houses for demolition or rehabilitation. 3528 Noble Avenue North has been foreclosed and was listed for sale by the lender for $50,000. The seller is offering it to the EDA through the National Community Stabilization Trust and Twin Cities Community Land Bank per the agreement approved by the EDA on March 16, 2010. The seller's price for the EDA would be $46,500 less a discount of $11,331 for a net cost of $35,169. According to the Hennepin County Assessor, ' the estimated market value was $91,000 as of January 2010. The property last sold in April 2001 for $110,145 and upon foreclosure had a first mortgage balance of $110,773. The Sheriff's sale occurred on January 6, 2010 and the lender took title on July 6, 2010 at the end of the standard 6 month redemption period. The house is blighted and functionally obsolete. It is an ideal candidate for demolition and lot sale funded by the federal Neighborhood Stabilization Program (NSP). The following Exhibits are attached: A. 2009 aerial photo B. Property photos C. Hennepin County property characteristics, D. Foreclosure information E. Real estate listing F. Estimated budget G. Proposed resolution valuation and tax information PAGE 9 OF 2 B. STAFF COMMENTS The subject property is 60 feet wide and 126.7 feet deep, with an area of 7,602 sq. ft. (0.17 acres). The lot meets current zoning requirements for width, depth and area. The house was built in 1923. It has a main floor of 524 sq. ft. with a partial basement. The property also has a 280 sq. ft. detached garage The exterior of the house is in fair condition with some deferred maintenance. However, the house meets the blight test based on the fact that its only bathroom is located in the basement which is accessible via a narrow, steep staircase. The house is also functionally obsolete due to the combination of its very small footprint and partial basement. If the EDA does authorize this acquisition, and if the seller accepts the FDA's offer, then we would expect to close the acquisition on August 26, 2010, demolish the house in fall 2010, and sell the lot for new house construction in 2011 or 2012. Total expenditures are estimated at $70,000, all of which would come from NSP funds. The lot sale price will depend on market conditions at that time and the NSP affordability guidelines. Any sale proceeds would be returned to the NSP program. For the time being, we are assuming that the lot price would be $50,000 which should result in a house affordable for households up to 120% of area median income. C. REQUESTED ACTION If the EDA wishes to acquire this property, it would need to approve the attached resolution approving the purchase of the subject property and authorizing the execution of documents necessary to complete the purchase. PAGE 2 OF 2 a u u ti a ii n u u u n' a n u a n n n n n u it it n it cn` z' cn U c� !4 u� c3; M z x x x x x x x x x x0a' x x x n: X X x >: X x x X r.0 x x x x ; o rra .. :. _ . rc-: lit -:.- j i //, i (� r7 ••,� 9Wya�. F CD ID CD 31Ln u) E 0 0 E .1i: CD C) -i Ln 0 LL) C) 'T E S s O (D C) 1 - E CD o 0 m N2 Ll ❑ <a! W �.i*.F, 0 (1) ON 31Ln u) E 0 0 E 0 LL) 'T E S s E o 0 m N2 Ll ❑ <a! 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X Xi CC W w -j E �2 vu 42", cli cm a. z U. < 0 x 0 0 w (L 0 w (D ¢ Cl) o o Hennepin County, Minnesota Property ID: 19702924120096 Search Clear 7/22/2010 Home Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) 2010 Assessment (For Taxes Payable 2011) Property ID: 07-029-24-12-0096 Address: 3528 NOBLE AVE N Unit No.. Municipality: CRYSTAL Owner: WELLS FARGO BANK N A Taxpayer Name / Address: WELLS FARGO BANK N A FORECLOSURE MAC X7801-013 3476 STATEVIEW BLVD FORT MILL SC 29715 Subrecord No. I Improvement Amount: Property Type: RESIDENTIAL Homestead Status: HOMESTEAD Exempt or Deferred: Values Estimated Land: 40,000 Building: 51,000 Machinery: 0 Totals: 91,000 Less Qualified 0 Improvement: Less Veterans Exclusion: 0 Total Taxable Market 91,000 Value: Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn.us Need help locating a property on out, site? Check Out Our Search Tips Copyright E) 2009 - 2010 Hennepin county, Flinnesot, contact I PrNocy/secwity statement I Accessibility Policy Property ID: 07-029-24-12-0096 Address: 3528 NOBLE AVE N Municipality: CRYSTAL School Dist: 281 Construction year: 1923 Watershed: 7 Approx. Parcel Size: 60 X 126.7 Sewer Dist: Owner Name: WELLS FARGO BANK N A Taxpayer Name WELLS FARGO BANK N A & Address: FORECLOSURE MAC X7801-013 3476 STATEVIEW BLVD FORT MILL SC 29715 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: April, 2001 Sale Price: $110,145 Transaction Type: Warranty Deed Tax Parcel Description Addition Name: WOODLAND HOMES Lot: Block: 004 Metes & Bounds: LOT 23 AND S 1/2 OF LOT 24 Abstract or Torrens; TORRENS Estimated Market Value: $106,000 Taxable Market Value: $106,000 Total Improvement Amount: Total Net Tax: $1,296.96 Total Special Assessments: $111.58 Solid Waste Fee: Total Tax: $1,408.54 Property Information Detail for Taxes Payable 2010 Values Established by Assessor as of January 2, 2009 Values: Land Market $50,000 Building Market $56,000 Machinery Market Total Market: $106,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status 7/9/2010 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: December 15, 2003 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $110,400.00 MORTGAGOR(S): Timothy K. Collopy, a single person MORTGAGEE: Wells Fargo Home Mortgage, Inc., a California corporation, n/lda Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. DATE AND PLACE OF FILING: Filed February 26, 2004, Hennepin County Registrar of Titles; Document No. 3925205 and memorialized upon Certificate of Title No. 1066910 ASSIGNMENTS OF MORTGAGE: Assigned to: none LEGAL DESCRIPTION OF PROPERTY: Lot 23: and the South 1/2 of Lot 24, Block 4, "Woodland Homes" REGISTERED PROPERTY STREET ADDRESS OF PROPERTY: 3528 Noble Avenue N, Crystal, NIN 55422 COUNTY INWHICH. PROPERTY IS LOCATED: Hennepin County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $107,308.03 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: January 6, 2010 at 10:00 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. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on July 6, 2010. "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 STAT- UTES, 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: October 7, 2009 WELLS FARGO BANK, N.A. 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 (Y1206) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (October 10, 17, 24, 31, November 7, 14, 2009) 22220430 Number: Dai:e of Sale: 1/6/2010. Type of sale:, Mortgage Mortgagor(s): Timothy K Collopy, Mortgagee: Wells Fargo Bank, N.A. To Whom Sold: Wells Fargo Bank, N.A., Final Bid Amount: $110,773.45 Redemption Expiration 7/6/2010 Date: Deputy Sold By: Sgt. Mark Lundeen Law Firm/Attorney: Reiter & Schiller Unverified Common 3528 Noble Ave N, Crystal Address: OptionalComments: No value entered PP•here to help. 61 t.ziciz6a, MORTGAGE �Atfi0R5&.flFFiC Oti Sl V1 ES R OpNTl10f S Raa1Estafe.•'Moo a a+ Home Find A Home Buying Selling Mortgage Realtor Search Our Services Careers Contact Us 7/22/2010 I'd like to list my house on edinerealty.com and the MLS. Get started now Listing 1 of 18 View Previous Listing I View Next Llsting i Return to Search Results Property Details Request Information Schedule a Showing Save This Property View Saved Properties Price: $50,000 3528 Noble Avenue N Crystal,MN 55422 County: Hennepin Beds: 2 Baths: 1 Full Sq ft: 1,205 (approx) MLS#: 3951351 Status: NEW LISTING 2 bedroom/ 1 bath, 1 car garage, convenient location, starter home, Needs udpates and repairs. New Listing Q Details Neighborhood Mortgage Map Walk Score (52) Last Update: 7122/2010 11:01 AM Listing information Property Type: Single Family Bedrooms: 2 Bathrooms: 1 Full Lot Size: 0.17 Acres Square Feet: 1,205 (approx) Foundation: 524 Sq. FL Garage: Yes -1 space Finished Area: 1,205 Sq. Ft. (approx) Water: City Water - Connected Sewer: City Sewer - Connected School Information District: ROBBINSDALE - 281 Room Information Print Main Floor Brochure Bedroom: 12x9 Bedroom: 9x9 Kitchen: 9x8 Living Room: 12x10 Year Built: 1923 Stories: 1 Bathrooms Full Baths: 1 Interior Features Square FootageAbove / Below (approx): 681 Sq. Ft. Above Ground ,524 Sq. Ft. Below Ground j Email Customer Service or Call (952)928-5563 (_(877) 270-1289 L _ - Request Information Schedule a Showing Map / Print Directions Brochure Email This Send To Property Mobile Nearby Insurance Properties Quote ! Save This Property View Saved Properties d.\ E111141!C•7`�:7C' (IF PURCHASED BY EDA FOR $35,169) Estimated Budget Jan 2010 EMV $91,000; list price $50,000 $46,500 PURCHASE PRICE ($11,331) Discount for purchase through TCCLB/NCST $35,169 ADJUSTED PURCHASE PRICE $16,000 demolition costs n/a rehabilitation costs $5,000 administrative costs (legal, title work, etc.) $2,000 transaction fee to TCCLB $1,969 special assessments $2,665 holding costs (taxes, maintenance) $4,000 EDA staff time reimbursed by NSP $3,163 contingency (10% of the items above except the purchase price) $69,967 TOTAL EXPENDITURES FROM NSP (via MHFA pass-thru) $50,000 SALE PROCEEDS TO BE RETURNED TO NSP (assumes builder pays a market price for the lot; homebuyer's household income may not exceed 120% of AMI) $19,967 NET EXPENDITURES FROM NSP 2010.08.02 estimated budget demo & lot saleAs 7(30(2010 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • • STATE • MINNESOTA, 1:1291610AIL4011111 WHEREAS, the Economic Development Authority of the City of Crystal (the "EDA") has considered the acquisition of real property located at 3528 Noble Avenue North (the "Property"); and WHEREAS, the Property is comprised of a vacant, foreclosed house which the seller has made available to the EDA through the National Community Stabilization Trust and Twin Cities Community Land Bank for $46,500 less any applicable discounts determined by the seller; 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 $46,500 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 authorize 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 3528 Noble Avenue North for $46,500 or a 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 I Mark Hoffmann, President Anne Norris, Executive Director T EDA STAFF REPORT CITY f ,RysTAL 4342 Xenia (NSP Acquisition for Dem F C, FROM: John Sutter, City Plan ner/Assistant Community Development *Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director TO: Anne Norris, City Manager (for August 2, 2010 EDA meeting) RE: Consider a resolution authorizing acquisition of foreclosed property at 4342 Xenia Avenue North The EDA has been awarded funds from the U.S. Department of Housing & Urban Development's Neighborhood Stabilization Program ("NSP") which may be used to purchase vacant, foreclosed houses for demolition or rehabilitation. 4342 Xenia Avenue North was problem rental property for the past two years. It has been foreclosed and was listed for sale by the lender for $70,000. Staff is anticipating that the seller will soon offer it to the EDA through the National Community Stabilization Trust and Twin Cities Community Land Bank per the agreement approved by the EDA on March 16, 2010. The price for the EDA would be $65,000 less a discount to be determined by the seller. According to the Hennepin County Assessor, the estimated market value was $122,000 as of January 2010. The property last sold in' December 2005 for $129,500 and upon foreclosure had a first mortgage balance of $111,456, of which the lender wrote off $47,706 prior to the Sheriff's sale on December 10, 2009. The lender took title on June 10, 2010 at the end of the standard 6 month redemption period. The house is blighted and functionally obsolete. It is an ideal candidate for demolition and lot sale funded by the federal Neighborhood Stabilization Program (NSP). The following Exhibits are attached: A. 2009 aerial photo B. Property photos C. Hennepin County property characteristics, D. Foreclosure information E. Code compliance inspection results valuation and tax information PAGE 1 OF 2 F. Real estate listing G. Estimated budget H. Proposed resolution B. STAFF COMMENTS The subject property is 50 feet wide and 176.6 feet deep, with an area of 8,830 sq. ft. (0.2 acres). The lot meets current zoning requirements for depth and area, but not width (60 feet). However, because the lot was platted prior to adoption of the zoning ordinance, it is lawfully non -conforming ("grandfathered in") and a new house may be built on the lot. The house was built in 1933. It has a main floor of 780 sq. ft. with a basement. The property also has a 400 sq. ft. detached garage. The house is in fair -to -poor condition with significant deferred maintenance. The house meets the blight test based on the degree of repairs needed prior to occupancy relative to the small size of the house. The house is also functionally obsolete due to the combination of its small footprint and non -code -compliant basement staircase. If the EDA does authorize this acquisition, and if the seller accepts the FDA's offer, then we would expect to close the acquisition in September, 2010, demolish the house in fall 2010, and sell the lot for new house construction in 2011 or 2012. Total expenditures are estimated at $122,000, all of which would come from NSP funds. However, this amount would be reduced by whatever discount the city receives for purchasing it through the National Community Stabilization Trust and Twin Cities Community Land Bank. The lot sale price will depend on market conditions at that time and the NSP affordability guidelines. Any sale proceeds would be returned to the NSP program. For the time being, we are assuming that the lot price would be $50,000 which should result in a house affordable for households up to 120% of area median income. C. REQUESTED ACTION If the EDA wishes to acquire this property, it would need to approve the attached resolution approving the purchase of the subject property and authorizing the execution of documents necessary to complete the purchase. PAGE 2 OF 2 I 1-1,1100 11111mil �wonn ' II II II II II II II 11 `II II it II JI II II II ! II II 11 II II II II II co Ill U W Ctl K x x x x x 'x x x x 00 x x x 0 x x x; x x x x x x x x , 0 C� " 0 co rte— 0 - 1-1,1100 11111mil �wonn E c E o E o o OD 00 Ln N —1 u Ln F E o ztl E LL I IL U) DL D Z 3: o U) D- o LL z -6 m 0 CC) 0 CD x c1l m &'i 00 clj 44 ak 3k 3k ! 0 Ac 0 lu '-4 Ir >: 3: o 3: 2 x2 -2 2;o u" oo cn E mC o, O E5 o in k.L 1 c-1) I -L 0, 0, ❑o < ;i 19 u)l O z < m LL L C, m 75 01 LL m o o N (51 NLL jw:j o O + W z O c 6j IFE: LL c) Ln itz f, ,z E 0 o E c E wit ' z o -4, " v":.' g ON Ch J ON oN o I % G O w '�r 2 o :n 0 0 m u. 2 o u) 0 w z Z;' .2 w w o u - 2 0 7 ~i 7 co 40 x P 5au (D N z CD V) 0 N N WNm V'm N nu ft ft O Ln :z t 0, uV L'Wm! 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LO < "R.", HP Yw-)'� N z Z5 t= !N - o - M um) UJ CD ca lui 2 m da W o cm > 0 �le a: c LL w Ol o z u) (D (L 0 0 C3 z ii LL Lu I < u co z X x X x x LU _j < uiM Nm 0 -c\j - I- w -4 1-4 Uj I z U- U- > z uj ri >< 0 0 to Luau-. z 'o Im c", z u. z 0 -J '2 z Z w U- LL w Z6 -E' E R 2. - 8 ui go E Eo Co w Zi w 0 '. . w = 0 is 0 �5 1 ol 0 co IX U) >- x 0 m rn 3: 0 D L 3: (5 FL 3:1 < IL 0 0 0 0 N w Y) >- w Wtc C) x X P-4 u) u) tiTwz ZNe -i Q c;) U M v) Nco l0N u) z 0 0 M 0 w ko U, c ij§ '2 35 '2 w Ir w D p w jz E lu x cQ x c" < 0 x a: 0 X 0 > a- 0 z Hennepin County, Minnesota Property ID: 1611821210120 Search Clear 7/12/2010 Home Property Information Search Result The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) 2010 Assessment (For Taxes Payable 2011) Property ID: 16-118-21-21-0120 Address: 4342 XENIA AVE N Unit No.: Municipality: CRYSTAL Owner. SUNTRUST MORTGAGE INC Taxpayer Name / Address: SUNTRUST MORTGAGE INC 1001 SEMMES AVE RICHMOND VA 23224-2245 Subrecord No. I Improvement Amount: Property Type. RESIDENTIAL Homestead Status: NON -HOMESTEAD Exempt or Deferred: Values Estimated Land; 36,000 Building: 71,000 Machinery: 0 Totals: 107,000 Less Qualified 0 Improvement: Less veterans Exclusion: 0 Total Taxable Market 107,000 Value: Hennepin County is providing this information as a public service, Tax related questions: taxinfo@co.hennepin,nnn.us Need help locating a property on our site? Check out our Search Tips Copyright 2009 - 2010 Hennepin county, MI'MesOW Contact I privacy/Security Statement I Accessibility Policy 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, 2005 Sale Price: $129,500 Transaction Type: Warranty Deed Tax Parcel Description Addition Name: ROBBINSDALE HOME GARDENS 3RD ADDN Lot: 006 Block: 004 Metes & Bounds: Abstract or Torrens: TORRENS ■ 1 _ , �1 I ■ I- 1 11 1 1 JAI rT �1:nfq1_#1M_fiTrtj0 Eli 10--pMel wl-al tl:r� vlaT . "I " Estimated Market Value: Parcel Data for Taxes Payable 2010 Property ID• 16-118-21-21-0120 Address: 4342 XENIA AVE N Municipality: CRYSTAL School Dist: 281 Construction year: 1933 Watershed: 8 Approx. Parcel Size: 50 X 176.6 Sewer Dist: $2,535.32 Owner Name: SUNTRUST MORTGAGE INC Taxpayer Name SUNTRUST MORTGAGE INC & Address: 1001 SEMMES AVE Agricultural RICHMOND VA 23224-2245 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, 2005 Sale Price: $129,500 Transaction Type: Warranty Deed Tax Parcel Description Addition Name: ROBBINSDALE HOME GARDENS 3RD ADDN Lot: 006 Block: 004 Metes & Bounds: Abstract or Torrens: TORRENS ■ 1 _ , �1 I ■ I- 1 11 1 1 JAI rT �1:nfq1_#1M_fiTrtj0 Eli 10--pMel wl-al tl:r� vlaT . "I " Estimated Market Value: $117,000 Taxable Market Value, $117,000 Total Improvement Amount: Total Net Tax: $1,730.20 Total Special Assessments: $805.12 Solid Waste Fee: Total Tax: $2,535.32 ■,■- Information Detail for Taxes Payable 2010 Values Established by Assessor as of January 2, 2009 Values: Land Market $38,000 Building Market $79,000 Machinery Market Total Market: $117,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type RESIDENTIAL Homestead Status NON -HOMESTEAD Relative Homestead Agricultural Exempt Status 7/12/2010 NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following de -scribed mortgage: DATE OF MORTGAGE: December 12, 2005 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $103,600.00 MORTGAGOR(S): Darla K. Mann, a single person MORTGAGEE: Mortgage Electronic Registration Systems, Inc. DATE AND PLACE OF REGISTERING: Registered: January 06, 2006 Hennepin County Registrar of Titles, Document Number: 4212020 AND CORRECTIVE MORTGAGE REGISTERING: February 13, 2006 Hennepin County Registrar of Titles, Document Number: 4225146 ASSIGNMENTS OF MORTGAGE: And assigned to: Suntrust Mortgage, Inc. Dated: October 07, 2009 Transaction Agent: Mortgage Electronic Registration Systems, Inc. Transaction Agent Mortgage Identification Number: 100 143500051320740 Lender or Broker: American Mortgage Corporation Residential Mortgage Servicer: SdnTrust Mortgage, Inc. Mortgage Originator: Not Applicable CERTIFICATE OF TITLE NUMBER: 1174342 COUNTY IN WHICH PROPERTY IS LOCATED: Hennepin Property Address: 4342 Xenia Ave N, Crystal, MN 55422-1047 Tax Parcel ID Number: 16-118-21-21-0120 LEGAL DESCRIPTION OF PROPERTY: Lot 6 in Block 4, "Robbinsdale Home Gardens Third Addition", Hennepin County, Minnesota AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $111,455.75 THAT all pre -foreclosure requirements have been complied with; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof, that this is registered property; 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: December 10, 2009 at 10:00 AM PLACE OF SALE: Hennepin County Sheriffs Office, Civil Division, Room 30, Courthouse, 350 South 5th Street, Minneapolis, Minnesota to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney fees allowed by law, subject to redemption within six (6) months fi-om the date of said sale by the mortgagor(s), their personal representatives or assigns. If the Mortgage is not reinstated under Minn. Stat. §580.30 or the property is not redeemed under Minn. Stat. §580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on June 10, 2010, or the next business day if June 10, 2010 falls on a Saturday, Sunday or legal holiday. Mortgagor(s) released from financial obligation: NONE THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. 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 STAT- UTES, 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: October 22, 2009 SUNTRUST MORTGAGE, INC. Assignee of Mortgagee WILFORD & GESKE, P.A. Attorneys for Assignee of Mortgagee Lawrence A. Wilford James A. Geske 8425 Seasons Parkway Suite 105 Woodbury, MN 55125-4393 (651) 209-3300 File ID: 009457FOI (October 22, 29, November 5, 12, 19, 25, 2009) 22221321 I-, FAQ Help | July 12,2O1O Ycjur[mmecNmfo H� Home > > Record ofrnredonure/Exocubon Sale RECORD OFFORECLOSURE/ EXECUTION SALE Sale Record Number: 0912213 Mortgage Document 4212020 Number: Date ofSale: 12/10/2009 ' Type ofsale: Mortgage vvortoagor(s), Darla KMann, Mortgagee: Suntmst Mortgage, Inc. ToWhom Sold: Suntrust Mortgage, Inc. Final Bid Amount: $63,750.00 Redemption Expiration t/zO/zozO Date: Deputy Sold By: Sot. Brad Erickson LawFimm/Attpmey: Wilford &sesko Unverified Common 4s42Xenia Ave m,Crystal Optional Comments: Novalue entered Property Information Search: Copyright@ 2010 Hennepin County, Minnesota | www.Hennepin.us 7/12/2010 HOUSING FACT SHEET Data 8__ Time of Today's Inspection Address: Year Built: Dates of previous Code Compliance Inspections, Type of dwelling: �ngla family Condo Double bungalow Apt. building Split Two-story Rambler —Townhome Number of Bedrooms, �Upper Level 2nd level 3rd level —4 th level Accessary Structure: Private well an property: YesrNo Sea] 4 Year Sealed Garage: Vttached Detached b I SgI Year built Original roof: Roof date: No. -of layers Fireplaces: Basement Family room Living room Masonry or metal Other _lone Finished rooms in basement: Family room Leg -al bedrooms (# Walk -out Kitchen facilities - Basement bath: Nater c I os at Lavatory Fan _Vane Shower Window Original furnace: Year Original water heater: Yes6o Drain the system: Ye,"._D Discharged outside Yes/No Comments, g:NbofilesNforms\infoshtslcc'jactsh (4104) X W CERTIFICATE #r �,j L-/ Electrical (certification by a licensed contractor may be required) i 31 Service panel 32 GFI outlets 33 Miscellaneous hazards Plumbing (certification by a licensed contractor may be required) 34 Venting 35 Traps 36 Supply 37 Sinks -- - — --------- 38 Faucets 39 Tubs/showers Heating System (certification by a licensed contractor may be required) 22 Venting /L L-1161j� 23 Transite 24 Brick chimney 25 Rust/deterioration f ;4 26 Gas connection w/gas'shut-off valve 27 Wiring 28 Make-up air source for combustion 29 Secondary heating systems 30 Miscellaneous hazards 402X Electrical (certification by a licensed contractor may be required) i 31 Service panel 32 GFI outlets 33 Miscellaneous hazards Plumbing (certification by a licensed contractor may be required) 34 Venting 35 Traps 36 Supply 37 Sinks -- - — --------- 38 Faucets 39 Tubs/showers Address: LOA Property Owner: C inspection Date: `-I Point of Sale Rental City of Crustal PropeMaintenance Compliance 4141 Douglas Drive N, Crystal MN 55422 Phone: 763-531-1000 Fax: 763-531-1166 Inspection Checklist for One- and Two -Family Properties e_�`Cjl_ *\ Walter Meter Reading Repairs? T Vi0( a -1,f\C. Outside Y _ 10 Comp is a Date: (D I Inside N _ Exterior 1 2.3 Gutters/down 2.4 Venting/chim 2.5 Foundation 2.7 Windows/doors 2.8 Roof 2.9 lGradinq/draina- /fir Check if repairs are needed Master bedroom 2nd bedroom 3rd bedroom 4th bedroom 12 r� Main bath Other bath Other bath Kitchen Living room Family room Den/office Halls/stairways Deck Porch Garage Common Areas Certification Reguired Y N 3.5 Open permits_ Heating System Vehicles/outdoor 3.7 Water Heater 4.0 Health and Safe Plumbing System Smoke detectors 4.2 Electrical System 4.3 Junk and debris Structural Units ED P - Pass F - Fail c 1.0 Mechanical/Utilities P F NA 5.0 1.1 Plumbing systems 5.1 1.11 Water waste/vent 5.2 1.12 Water piping/supply 5.3 1.13 Water meter/remote 9-11 1.14 Sump pump 6.1 1.2 Heating systems 6.2 1.21 Venting/fuel supply Space heaters1.3 U U Electrical systems 17,01.22 1.4 Circuits/outlets/fixtures 1.5 Water heater 1.6. Crawl space•4 += 1.7 Ventilation 6.5 Exterior 1 2.3 Gutters/down 2.4 Venting/chim 2.5 Foundation 2.7 Windows/doors 2.8 Roof 2.9 lGradinq/draina- /fir Check if repairs are needed Master bedroom 2nd bedroom 3rd bedroom 4th bedroom 12 r� Main bath Other bath Other bath Kitchen Living room Family room Den/office Halls/stairways Deck Porch Garage Common Areas areas I 10rders are attached on separate sneetisJ outs#bee-n s with no evaluation mark or comment are in compliance with City Code or are not applicable. Spliance orders must be corrected on or before the compliance date noted above. When all orders have corrected, please call 763-531-1000 to schedule the required re -inspection. Upon satisfactory completion orders as verified by the re -inspection, the Certificate of Compliance or Rental License will be issued to dividual specified on the application form. For point of sale, the Certificate is valid for one year from date uance. -Any orders relating to health, safety or nuisance conditions shall be corrected regardless of rly status. This inspection does not indicate compliance with an inspection program other than that of the qef Crystal. structures 3.4 Outstanding orde 3.5 Open permits_ 3.6 Vehicles/outdoor 3.7 Landscaping/Vec 4.0 Health and Safe 4.1 Smoke detectors 4.2 Egress 4.3 Junk and debris 4.4 ED c c N a ' °'i N _ m Q a U U X F x N c += N rp o rn a> c� m Q Q N o E0 a) m c c :3 areas I 10rders are attached on separate sneetisJ outs#bee-n s with no evaluation mark or comment are in compliance with City Code or are not applicable. Spliance orders must be corrected on or before the compliance date noted above. When all orders have corrected, please call 763-531-1000 to schedule the required re -inspection. Upon satisfactory completion orders as verified by the re -inspection, the Certificate of Compliance or Rental License will be issued to dividual specified on the application form. For point of sale, the Certificate is valid for one year from date uance. -Any orders relating to health, safety or nuisance conditions shall be corrected regardless of rly status. This inspection does not indicate compliance with an inspection program other than that of the qef Crystal. structures 3.4 Outstanding orde 3.5 Open permits_ 3.6 Vehicles/outdoor 3.7 Landscaping/Vec 4.0 Health and Safe 4.1 Smoke detectors 4.2 Egress 4.3 Junk and debris 4.4 Other safety haz; is inspection has been made by the city as a community service and does not constitute any representation, grantee or warranty to any person as to the condition of property inspected. The city does not intend any iance to be made on this inspection and does not assume any responsibility or liability in the inspection and rtificate of Compliance or Rental License. ystal Property Maintenance Code Section 425.29, Appeals, Right of Appeal: When it is alleged by a person whom a compliance order is directed that the compliance order is based on erroneous interpretation or upon isstatement or mistake of fact, that person may appeal the order to the city manager. The manager must rward the recommendation to the city council within 30 days after receipt of this appeal. The appeal must be writing, must specify the grounds for the appeal, and must be filed with the housing official within five Isiness days after service of the order. The filing of an appeal stays proceedings in furtherance of the action pealed from unless such a stay in the judgment of the housing official would cause imminent peril to life, :alth or property. The city council must act promptly on the manager's recommendation and the manager's commendation may be reversed, modified or affirmed in whole or in part by the council. The council's sposition of the appeal is final. 1 have inspected these premises this day under the authority of the Crystal Property Maintenance Code. Dater \� a o\O Inspector: Cert/License No: White Copy - City Yellow Copy- Owner/ApplicanttY, V. \es Page 1 of� Y City of Crystal Property Maintenance Compliance 4141 Douglas Drive N, Crystal MN 55422 Phone: 763-531-1000 Fax: 763-531-1188 Property Condition Report and Compliance Order Permit Correction Notice Permit # Address: Date/time of Inspection: "O(\. '1119110 loark ProPny ner q , TV Agent/Contractor Prope!jy Own'a - er's Phone L Agent/Contractor Phone Person present for Inspection: Name Phone MNo one will be present Lock Box Number 90 F 'AF A Inspector Compliance Date White Copy - City Yellow Copy - Owner/Applicant/Contractor 540 V00- q��O, 1/\9 I Iao10 Date Page Of 3 W C24 a City of Crustal Prol2erty Maintenance Compliance 4141 Douglas Drive N, Crystal MN 55422 Phone: 763-531-1000 Fax: 763-531-1188 r="9 Li Property Condition Report and Compliance Order r-11 -Z Permit Correction Notice Permit # t—/j lc/s Address* Sot Date/Time of Inspection: Property Ow r Agent/Contractor Prop S Ph:y Agent/Contractor Phone Person present for Inspection: Name Phone M No one will be present Lock Box Number 111011. UMPROM -r� Z14 6 it dQ Inspector_Date Office -u 7'7777.7 7 jn ' se"lnsD e&f1bfil/M�,l th% Compliance Date -'N -eVw, L"ce White Copy - City Yellow Copy - Owner/Applicant/Contractor Page � of - 3 (952) 928-5563 1 (877) 270-1289 -_- - � Price: $70,000 43*zXenia Avenue NL�,' Crystal,IVIN554%u Subdivision: Robbinsdale Home Gardens County: Hennepin Bedrooms: 4` Bathrooms: 1FuU Square Feet: 1.s8D(appmx MLG# 3950217 NEW LISTING 10 Last Update: 7/2omo 08:04mw Listing Information Property Type: Single Family Bedrooms: 4 Bathrooms: Ium _-- � Lot Size: 0.2 Acres Square Feet: 1.�m�ppmx - r / |Foundation: nmSq. Ft. 1Garage: _ --` vas ospaces _____ Stories: I � noumnsuomHome Gardens � Finished Area: 1,560 Sq. Ft. ' 1 Wotenmvmmm,-connemeo / i Sewer: City Sewer 'cvnnemeu , / School Information � oismr�noam- wsm��son . . ' Room Information Main Floor - L»=» p�« | -� /Bedroom 1!___ 12xl1 Bedroom 2: 12mo _ � | Bedroom 3: 1xx10 Bedroom 4: - 1ano ] _ _-' - _ 1um . Dining Room: _ Family Room: o1mu mmx°n: 12x9 Laundry Room: 1ax10 {Living euv�� 21x14 |Bathrooms 10 (IF PURCHASED BY EDA FOR $65, 000) Estimated Budget Jan 2010 EMV $122,000; list price $70,000 $65,000 PURCHASE PRICE TBD Discount for purchase through TCCLB/NCST TBD ADJUSTED PURCHASE PRICE $18,000 demolition costs n/a rehabilitation costs $5,000 administrative costs (legal, title work, etc.) $2,000 transaction fee to TCCLB $19,639 special assessments $3,337 holding costs (taxes, maintenance) $4,000 EDA staff time reimbursed by NSP $5,198 contingency (10% of the items above except the purchase price) ------------- $122,174 TOTAL EXPENDITURES FROM NSP (direct from HUD) $50,000 SALE PROCEEDS TO BE RETURNED TO NSP (assumes builder pays a market price for the lot, homebuyer's household income may not exceed 120% of AMI) $72,174 NET EXPENDITURES FROM NSP 2010.08.02 estimated budget demo & lot sale.xls 7/30/2010 .CONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYST HENNEPIN COUNTY STATE OF MINNESOTA 11 9• k �,11 6 11 E WWII 4:1 061WI a WW% W-11cf-I %614:1 L1 I EVATI :I likto I =-Zts] 66"1 law, WHEREAS, the Economic Development Authority of the City of Crystal (the "EDA") has considered the acquisition of real property located at 4342 Xenia Avenue North (the "Property"); and WHEREAS, the Property is comprised of a vacant, foreclosed house which the seller has made available to the EDA through the National Community Stabilization Trust and Twin Cities Community Land Bank for $65,000 less any applicable discounts determined by the seller; 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 $65,000 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 authorize 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 4342 Xenia Avenue North for $65,000 or a 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 I Mark Hoffmann, President Anne Norris, Executive Director EDA STAFF REPORT �cm I 'AL Demolition of 3401 Douglas Dr 11F L, C_ FROM: John Sutter, City Plan ner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director TO: Anne Norris, City Manager (for August 2, 2010 EDA meeting) SUBJECT: Consider acceptance of a demolition proposal for 3401 Douglas Dr and authorizing expenditures for same Of the three properties acquired last year by the EDA in the 3400 block of Douglas Drive, the city's Public Works Department was able to demolish two in-house: the house at 3443 and the office at 3415. However, the service station at 3401 was too big a job for city forces to do without interfering with other city priorities. For this reason, the demolition of 3401 needs to be contracted out. Staff sent requests for demolition proposals for the former service station at 3401 Douglas Drive North to twelve contractors on July 14, 2010. As of the proposal submittal deadline at 1:00 p.m. on July 28, 2010, we had received the following six proposals: $17,325 Kevitt Excavating $18,400 PGM $19,500 Sauter & Sons $22,604 Carl Bolander & Sons $23,500 Tuma Construction $31,233 Veit & Company REQUESTED EDA ACTION: Accept the proposal from Kevitt Excavating and authorizing expenditures for the demolition work. Source of funds would be Tax Increment District #1 (#2150). 5� I PAGE 1 OF 9 "AN - t Crystal City Council Meeting Preliminary Agenda I -r AU!, F_r1A!4W 7:00 P.M. Council Chambers 11. PRESENTATION The Crystal Crime Prevention Board will give a presentation to the Council regarding the development of the Board and its goals. Pat Bedell, President of the newly -created Crystal Crime Prevention Board, will be at the meeting to introduce this Board and its mission to the Council. Ill. PROCLAMATION The Mayor will proclaim opposition to Arizona's recent immigration bill. At its July 26 meeting, the Crystal Human Rights Commission recommended the proclamation opposing Arizona's recent immigration legislation. IV. ACKNOWLEDGMENTS The Mayor will acknowledge the following: a. $800 grant from Target Corporation to support the Crystal Police Department's 2010 Minnesota Night to Unite activities. b. $500 donation from Neill Elementary School's Parent Teacher Student Association (PTSA) to help defray the costs of the Crystal Police Department's Drug Abuse Resistance Education (D.A.R.E.) Program. c. $100 donation from Neill Elementary School's PTSA in appreciation for the security services provided by the Crystal Police Reserve Unit. These funds will be used to purchase miscellaneous uniform and equipment items. V. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from July 20, 2010; and b. The Council Work Session from July 20, 2010. Crystal City Council Meeting Agenda August 2, 2010 VI. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a special permit for wine and beer at the Crystal Community Center for a wedding on September 3, 2010, submitted by Raymond Scott; 4. Approval of a special permit for wine and beer at Bassett Creek Park for the Minneapolis Elks Lodge #44's family picnic on August 22, 2010, submitted by President Tracy Rusinyak. VII. OPEN FORUM (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. Individuals are asked to step up to the podium and speak clearly into the microphone. You are allowed 3 minutes to make your comments. The Council will not take action on items discussed during open forum; however, the Council may add the item to a future meeting agenda and ask city staff for follow-up.) VIII. REGULAR AGENDA 1. Approval of the appointment of Sarah Hagen to the Human Rights Commission for a three-year term expiring December 31, 2012. The Interview Committee recommends the appointment of Sarah Hagen to the Human Rights Commission. 2. The Council will consider a resolution regarding bonds for the County Road 81 Project. Last year, the Council approved a capital plan for major projects in the next five years, including the local portion of the County Road 81 reconstruction project. In order to pay for the local share of the project over five years, Crystal is selling bonds. Recommend approval of the bonds for the 2011 payment. 3. The Council will consider a resolution approving Douglas Drive restriping to three lanes and associated no parking zone. Hennepin County is recommending Douglas Drive be restriped to three lanes from Medicine Lake Road to north of the Community Center. In order for the restriping to be safe and effective, no parking can be permitted on either side of Douglas Drive. Recommend approval of the resolution. Page 2 of 5 Crystal City Council Meeting Agenda August 2, 2010 Regular Agenda continued 4. The Council will consider a resolution approving restriping sections of 36th Avenue to three lanes. Crystal has been working with Robbinsdale and New Hope on possible changes to the 36th Avenue corridor. It is recommended that 36th Avenue, east of Regent, be restriped to 3 lanes. The segment between Regent and Douglas will remain striped as is. The Council needs to determine whether to proceed with restripling the segment west of Douglas Drive. In order for this to be safe and effective, the stop sign on 36th at Louisiana needs to be removed. 5. The Council will consider a resolution awarding 36th Avenue Mill and Overlay Project. Seven bids for this project were received on July 28. Recommend approval of the low bidder, C.S. McCrossan. 6. The Council will consider a mediated claims settlement for Phase 9 Street Project with Palda & Sons. As discussed during the closed Council Work Session prior to the Regular City Council Meeting, recommend approval of the proposed settlement. 7. The Council will consider a resolution to allow exceeding the Shingle Creek Watershed Management Organization's budget cap in 2011.. As discussed at several work sessions, the Shingle Creek Watershed is requesting approval of a resolution to exceed its 2011 budget cap in order to begin work on the Third Generation plan. While I understand the Council is opposed, in principle, to exceeding the cap, please keep in mind how many funds we can leverage with our share of funds. Recommend approval of the resolution with the addition of language stating the Council's concern about the Watershed's need to budget appropriately. 8. The Council will consider a resolution approving 2010 PIR expenditure to purchase a Parks Department Replacement 1 -Ton Truck. The 2010 Parks PIR includes funds to replace a 1 -Ton truck. Recommend approval of this replacement purchase. 9. The Council will consider the Second Reading of an Ordinance amending Sections 4.03 and 4.08 and adding a new Section 4.10 of the Crystal City Charter. Earlier this year, the Council approved the first reading of an ordinance amending Sections 4.03 and 4.08 of the City Charter regarding the primary election date and withdrawal of candidates, to be consistent with state law. The ordinance also includes language adding a new section, 4.10, allowing Page 3 of 5 Crystal City Council Meeting Agenda August 2, 2010 Regular Agenda continued the city to charge a different filing fee than provided for in state law. The second reading requires approval by all seven council members. 10. The Council will consider ordering a public hearing to consider amendments to Chapter 5 of the Crystal City Charter. Earlier this summer, the Council discussed amendments to Chapter 5 of the City Charter regarding the initiative and petition requirements. The Council needs to schedule a public hearing on the proposed amendments. Recommend either September 7 or 21 for this hearing. 11. The Council will consider a 2010 Labor Agreement with Law Enforcement Labor Service, Local 44 (police officers). The proposed contract with Law Enforcement Labor Service (LELS), Local 44, representing Crystal police officers, is consistent with the 2010 settlements for all other employees: 0% cost of living increase and shared costs for the increase in the health insurance premiums. There are some contract language changes which are for clarification purposes only. Local 44 has voted on and approved the proposed contract. Recommend approval of the contract. 12. The Council will consider a date for a special meeting to canvass the municipal election returns for the November 2, 2010, General Election. Recent changes to Minnesota election laws require cities that hold primary elections must canvass the general municipal election returns between 3 and 10 days following the General Election. The Council already has a work session scheduled for Wednesday, November 10. IX. INFORMATION AND DISCUSSION a. The Crystal Business Association has a coffee break at 8:30 a.m., Tuesday, August 3, at Edward R. Jones, 2748 Douglas Drive. b. Night to Unite is August 3; the Police Department is hosting an Open House, 5:30 — 7:00 p.m. c. The next City Council Meeting will be at 7:00 p.m. on Tuesday, August 17, in the Council Chambers at City Hall. d. City Offices will be closed for the Labor Day holiday on Monday, September 6. Page 4 of 5 Crystal City Council Meeting Agenda August 2, 2010 X1. MEETING SCHEDULE ON AUGUST 2, 2010 IM, in P i�� 1" Council Work Session to discuss: * Proposed Mediated Claims Settlement for Phase 9 Street Project Conference 6:00 — 6:30 p.m. with Palda & Sons (closed meeting) Room A * Final issues relating to restriintp to 3 lanes on Douglas Drive and 36 Ave (open meeting) 6:30 — 6:55 p.m. Regular EDA Meeting CouncilChambers 7:00 p.m. Regular City Council Meeting CouncilChambers After the Regular EDA Work Session to discuss updates on Conference City Council Meeting redevelopment activity Room A — 2n, Council Work Session to discuss: Conference After the EDA Work a Public Works Facility Room A Session a Changes in state law regarding tattoo and body art licenses Page 5 of 5 CITE' OF CRYSTAL WHEREAS, on April 23, 2010, Arizona Governor Jan Brewer signed into law Arizona Senate Bill 1070, the Support Our Law Enforcement and Safe Neighborhoods Act (the "Act"); Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read: ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS 11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification; and WHEREAS, the Act makes it a state misdemeanor for an alien to be in Arizona without carrying registration documents issued by the Federal Government; and requires local law enforcement to be responsible for Federal immigration law enforcement; and WHEREAS, this Act's definition of "probable cause" is based on race, color or spoken accent causing undo fears for personal safety which brings harm to all persons residing or traveling in Arizona; and WHEREAS, the Act allows police to arrest a person for said probable cause and if that person is an tuilawful alien, the person cannot be released without confirmation of their immigration status by the federal government; and WHEREAS, the Act also prohibits state, county or local officials from limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law" and provides that Arizona citizens can sue such agencies or officials to compel Rill enforcement. NOW, THEREFORE, I, RENAE J. BOWMAN, as Mayor of the city of Crystal and on behalf of all people do hereby proclaim that the city of Crystal is opposed to Arizona Senate Bill 1070 because a. The Act is based on race/ethnic profiling b. The Act requires local law enforcement officials to act as federal immigration agents which may lead to increased crimes and reduced cooperation with police. c. The Act is contrary to the intent and spirit of the U.S. Constitution and Bill of Rights. And further, I, ReNae J. Bowman am committed to preventing such actions from becoming enacted on, for or by the city of Crystal or its persons. Dated this _day of .2010 ReNae J. Bowman "Service with Compassion and Integrity" TO: Arne Norris, City Manager FROM: John Banick, Chief of Police T9 DATE: July 26, 2010 Please inform the Mayor and City Council that the Police Department has received an $800.00 grant from the Target Corporation. This grant was made to support our 2010 Minnesota Night to Unite activities. Thank you. CRYSTAL -POL[ D"ARTMENT "Service with Compassion and Integrity" TO: Anne Norris, City Manager FROM: John Banick, Chief of Police V DATE: July 26, 2010 DONATION ACKNOWLEDGEMENT — DARM Please inform the Mayor and City Council that the Police Department has received a $500.00 donation from the Parent Teacher Student Association (PTSA) of Neill Elementary School. This donation was made to help defray the costs of the DARE program. These funds will be used for DARE program expenses. Cc: Charles Hansen, Finance Director CRYSTAL, POCKET DEPARTMFM "Service with Compassion and Integrity" TO: Anne Norris, City Manager FROM: John Banick, Chief of Police DATE: July 26, 2010 SUBJECT: DONATION ACKNOWLEDGEMENT — Reserve Unit Please inform the Mayor and City Council that the Police Department has received a $100.00 donation from the Parent Teacher Student Association (PTSA) of Neill Elementary School. This donation was made in appreciation for the security services provided by the Reserve Unit. These funds will be used to purchase miscellaneous uniform and equipment items. Cc: Charles Hansen, Finance Director Crystal City Council Meeting July 20, 2010 2030 CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, July 20, 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, Hoppe, Hoffmann, Selton, J. Moore, and Anderson. Absent: L. Moore. STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney Mike Norton, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, City Planner/Assistant Community Development Director J. Sutter, and City Clerk J. Lewis. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. 11. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from July 6, 2010; and b. The Council Work Session from July 6, 2010. Moved by Council Member J. Moore and seconded by Council Member Anderson to approve the following minutes in a single motion: a. The Regular City Council Meeting from July 6, 2010; and b. The Council Work Session from July 6, 2010. . Motion carried. 111. 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 10 1.7.0.20111 ,c 2030 Crystal City Council Meeting July 20, 2010 2031 111. CONSENT AGENDA CONTINUED 3. Acceptance of Gina Lissick's resignation from the Environmental Quality Commission. Moved by Council Member Hoffmann and seconded by Council Member Hoppe to approve the consent agenda. Motion carried. 1. The Mayor opened a hearing to receive public comment and Council consideration of a resolution vacating drainage and utility easements in the plat of Sunnybrook Acres 4th Addition. City Planner J. Sutter addressed the Council. The Mayor opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. Moved by Council Member Hoffmann and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: I Sol c W01 &I] I I Lei a I Z r*1 Wei rem W-* VACATING CERTAIN UTILITY AND DRAINAGE EASEMENTS IN SUNNYBROOK ACRES 4T" ADDITION Voting aye: Hoppe, Bowman, J. Moore, Anderson, Hoffmann, and Selton. Absent, not voting: L. Moore Motion carried, resolution declared adopted. V. OPEN FORUM Michael Harasyn addressed the Council during open forum about his concerns with the proposed re -striping of Douglas Drive. 2031 Crystal City Council Meeting July 20, 2010 2032 VI. REGULAR AGENDA 1. The Council considered a resolution approving the plat of Sunnybrook Acres 5th Addition. City Planner J. Sutter addressed the Council. Moved by Council Member Hoffmann and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 59 1] 0 10 vid C'•• 121W.061 004 W-RAW.11 oil MIN I L• Voting aye: Hoppe, Bowman, J. Moore, Anderson, Hoffmann, and Selton. Absent, not voting: L. Moore Motion carried, resolution declared adopted. 2. The Council considered requests relating to a proposed art show at Bassett Creek Park located at 6001 — 32nd Ave N: i. Permission to use the park for transient merchant sales; and ii. Exemption from fees and criminal history checks relating to licensing requirements for transient merchant sales. No Council action was necessary because the applicant withdrew the requests. VII. INFORMATION AND DISCUSSION a. The Crystal Business Association meets Wednesday, July 21 at 8:30 a.m. at Wells Fargo Bank, 7000 Bass Lake Road. b. The next City Council Meeting will be at 7:00 p.m. on Monday, August 2 in the Council Chambers at City Hall. c. MN Night to Unite will be held on Tuesday, August 3; register to participate in the community -wide event by Friday, July 23 - call 763-531-1063 or register visit the city website to register on-line at www.ci.crystal.mn.us Look under Seasonal Highlights. d. Crystal Frolics will be held at Becker Park from Thursday, July 22 through Sunday, July 25. e. Fireworks will be held at Becker Park on Friday, July 23 at 10:00 p.m. in conjunction with the Crystal Frolics. f. Crystal Shopping Center merchants will be hosting a sidewalk sale during the Crystal Frolics. G.1C ... 2032 Crystal City Council Meeting July 20, 2010 2033 VIII. ADJOURNMENT Moved by Council Member J. Moore and seconded by Council Member Hoppe to adjourn the meeting. Motion carried. The meeting adjourned at 7:20 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 10.6' 2033 Crystal City Council Work Session minutes July 20, 2010 2034 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:30 p.m. on Tuesday, July 20, 2010 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Bowman, J. Moore, Selton, Anderson, Hoffmann, and Hoppe Absent: L. Moore 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, Finance Director C. Hansen, and City Clerk J. Lewis OTHER: Hennepin County Sr. Transportation Engineer Bob Byers II. AGENDA The City Council and staff discussed the following agenda items: 1. Douglas Drive striping 2. Communications Brainstorming 3. Shingle Creek Watershed budget 4. Extension of Audit Services with KDV 5. Water Conservation Rates 6. County Highway 81 Bonds Update 7. Zoning code and on-site residential manager on motel properties. 111. ADJOURNMENT The work session adjourned at 9:58 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\Council\Minutes2010\min7.20.10 work session.doc 2034 APPLICATIONS FOR CITY LICENSE August 29 2010 CARNIVAL WITH GAMES Praise Christian Center 4100 Douglas Dr, Crystal, MN 55422 (Event to be held on 8118110) GAS INSTALLER BFS Heating & Cooling 4732 Beard Ave S. Minneapolis, MN 55410 LIQUOR — TEMPORARY ON -SALE LICENSE Volunteers of America (VOA) Crystal Care Center, 3245 Vera Cruz Ave N, Crystal, MN 55422 (one -day event to be held 9116110) MASSAGE THERAPIST Diana Oberg (dba Cloud 9 Massage Therapy), 15430 88th St NE, Otsego, MN 55330 (working at Bass Lake Chiropractic, 5640 W Bdwy) PLUMBER B.K. Plumbing & Heating 2661 Roth Place, White Bear Lake, MN 55110 Bob Kissner 13421 Dunkirk St. Ham Lake, MN 55304 rfflff,NIZITNE� 3130 Aquila Ave N — Tom Durkin 5332 Bernard Ave N — Audrey Johnson (Conditional) 5307 Idaho Ave N — Eliz Hanratty Trust (Conditional) 5641-5643 Perry Ave N — Park Ave Homes LLC (Conditional) 5513 Regent Ave N — Michael/Juanita Dauk, (Conditional) 5406 52 d Ave N — Chad Oftedahl (Conditional) RENTAL — RENEWAL 4553/4555 Brunswick Ave N — J J & P Holdings (Conditional) 5116 Edgewood Ave N — Diane Sewell 5150 Florida Ave N — Gina Kilgore (Conditional) 5857 Maryland Ave N — David Matthees c/o P Matthees (Conditional)' 5940 Rhode Island Ave N — S/C Sylvers (Conditional) 3217 Utah Ave N — James/Eliz. Adams (Conditional) 8117 30t" Ave N — Bachaus Investrnt Props LLC (Conditional) 8033 34th PI N — Tony Byers (Conditional) 7020 45"' PI N — R. Seubert c/o Seek Homes Inc (Conditional) SIGN HANGER Phoenix Signs 10856 County Rd 81, Maple Grove, MN 55369 Page 1 of 1 DATE: July 28, 2010 cwt..Z TO: Anne Norris, City Manager AL City of Crystal City Council ,...FROM: Beth Simonsen, Assistant Finance Directo� RE: Expenditures over $25,000 Payee Description IRS Social Security/Medicare - Federal Tax W/H P/R 7/09/10 PERA PERA P/R 7/23/10 Employee/City Contributions GMHC Home Improvement Incentive Rebate MN/WI Playground Inc New Playground at Kentucky Park West Metro Fire Rescue District Four Fire Engines Health Partners, Inc. August 2010 premiums Metro Council Environmental Services August 2010 wastewater costs Supervalue Inc 1995A Tax Increment Revenue Note Edina Realty Purchased property - 5724 Perry Ave N GAMarYMi NCh=s ovu 25,o00_ds Amount 51,690.48 39,023.15 61,214.34 45,780.00 636,855.67 94,546.05 106,943.29 37,478.56 63,117.48 1,13b,b4y.uz .r` 9 CITY of CRYSTAL APPLICATION FOR LICENSE S '{ City of Crystal 4141 Douglas Drive 1J, Crystal, NIN 55 422 Telephone: (763) 531-1000/Facsimile: (76'))531-1188 Deaf and hard of hearing callers may call Minnesota Relay at 711. Applicant's Name: �2lArrt/1t3 ��t n E r Fee (0100.4115):. $50.00 Home Address: J y S4— Home Phone: ( bk2- ) S-0-1632 City/State/Zip: A-AdUVIL ,— .. _ -' a�N ` Cell Phone: (.&t2-) —19 — 00 — G Date of Event: 91biko --i Business Phone: (' ) Hours of Llse (not to exceed 12 hours): From a.m./ ll . to y ut C3 a.in, p.m. Purpose of Event: W edd t c Maximum number of guests expected to attend: � , Name & Address (including zip code) of park or city building where event will be held: L r e -'A C. t �S 5 �I I enclose the sum of fi 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 for a SPECIAL PERMIT FOR USE, CONSUMPTION, AND DISPLAY "OF WINE AND BEER IN A -CRYSTAL CITY PARK OR CITY FACILITY•at the - above -location --and at the date/time stated above, subject to all conditions and provisions of said Ordinance. Liability Requirements Are you a Business Partnership, Club, Corporation, or Non -Profit Association? Yes. You are required to attach a certificate of insurance showing current liability insurance naming the City of Crystal as an additional insured on the date of the event. No. You are required to attach a certificate of homeowner's insurance that corresponds to the person signing this application. The certificate must contain a special event endorsement with the date of this event and must name the City ol'Crystal as additional insured. f'. Security Requirement (only for 0)7stal C07771771177.ity Center reservations) Applicants renting a room at the Crystal Community Center (CCC) must hire one police officer MY every 100 guests. Officers must be present fi•om the time that you begin serving alcohol to the end of your event. You may contact the Crystal Police Department at (763) 531-1033 to arrange for this security requirement. Number of police officers needed:_. Social Host Liability O 4. I have received- and, read Crystal City Code Section 1200.47, Social Host Liability (attached _ City Use Only: Park/CCC reservation made: � JDE# � 0 Date Entered: 1 Q PIMS IN �&' Council Date: 2' 2.--(0 ✓ / (If Council approves application, license to be: picked up by applicant / r/ mailed to applicant) 1:\ADM1N\LICENSING\Application Forrns\Liquor\SPECIAL PERM MSpecial Permit for Wine and Beer n Park or CCC.doc Application for a Special Permitfor Use, Consumption, and Display of Wine and Beer in a Crystal City Park or City Facility Page 2 of 3 Liability The applicant waives any and all claims of any nature against the City and its officers, employees, and agents arising out of the permitted activity. If applicant is a business partnership, club, corporation, or non-profit association, this application must be accompanied by a certificate of insurance showing current liability insurance naming the City as an additional insured party under the insurance policy, Please Read and Sign (Crystal City Code, Subsection 815.13) Subd. 6. Application. The application for a special permit is prepared by the city clerk. The application must specify the purpose of the social event, the nature of the activity proposed, the hours during which it is to be conducted, the maximum number of persons expected to attend, and such other information as the clerk reasonably requests. The application must be accompanied by an insurance certificate, a bond or other undertaking in form and substance satisfactory to the city manager and city attorney, holding the city and its officers, employees, and agents from liability of any kind arising out of the permitted activity. If the applicant is a business partnership, club, corporation or non-profit association the application must be accompanied by a certificate of insurance showing current liability insurance naming the city as an additional insured party under the insurance policy. Subd. 8. Special Condition. The use, consumption and display and presence of liquor and beer in parks and related park facilities is a matter of special concern to the City as such activity relates to the peace and good order of the City. For that reason the issuance of a special permit under this subsection is determined to be a matter within the sole discretion of the City Council, and its determination to issue or not to issue a special permit is final. The Council may impose additional conditions in the granting of a special permit. I acknowledge that the Liability Clause, Application, and Special Conditions have been read and are understood by me and that I agree not to challenge or in any way contest the determination of the City Council with regard to the issuance of this special permit. I acknowledge that I am responsible to hire police officer(s) for my event at the CCC at my own expense. Applicant's signature Ola Date O 1 T� hADMIN\UCENSING\Application Forms\Liquor\SPECIAL PERMrrlSpecial-\hermit for Wine and Beer in Park or CCC.doc 0 Application for a Special Permit for Use, Consumption, and Display of Wine and Beer in a Crystal City Park or City Facility Page 3 of*3 Additional Insured — Special Event Endorsement for homeowners only (Completed by Insurance Company Representative) Insurance Company: Policy Number: 6o — 0 Name Insured: 1541 0 J Name of Additional Insured: City of Crystal, 4141 Douglas Drive North CEystal, MN 55422 Date of Event: � �1-0 Location of Event: �oo Coverage Limit Liability: on 0 Coverage period begins and ends at 12:01 a.m. Standard Time at the above -designated location.. ram Effective Date: 11:0t or, I Expiration Date- C) AV" vn q1_4 ofQ Other information pertinent to this special endorsement: jkf, Srpfij r -406()n I 12 ignatu of authorized representative � 6 3 - iia q , 5K&R- Phone number of authorized representitiv(,, 1AADMINUCENSFNMApplication Forms\LiquDASPECIAL PERMMSpeciai Permit for Wine and Beer in Park or CCC.doc 07/20/2010 00:45 6124257347 AMERICAN FAMILY INS PAGE 02 DECLARATIONS MINNESOTA HOMEOWNERS POLICY w COLD STAR SPECIAL DELUXE FORM (ED 06/94) MN NON -ASSESSABLE POLICY ISSUED BY AMERICAN FAMILY MUTUAL INSURANCE COMPANY A MEMBER OF THE AMERICAN FAMILY INSURANCE GROUP, MADISON, WI PLEASE READ YOUR POLICY POLICY NUMBER 22D9-6646-01 MORTGAGEE REFERENCE NUMBER 0113389258 WELLS FARGO BANK #708 -ITS SUCCESSORS AND/OR ASSIGNS ATIMA PO BOX 5708 SPRINGFIELD, OR 45501-5708 NAMED INSURED EFFECTIVE SCOTT, RAYMOND G & LEEORA M 14541 CRANE ST NW FROM 6/14/2010 TO 5/28/2011 ANDOVER, MN 553044012 ACCT 007-603-975-73 COVERAGES AND LIMITS PROVIDED 001 FAMILY FRAME DWELLING IN TOWN CLASS 4 SECTION I LIMITS DWELLING $268,400 PERSONAL PROPERTY ON PREMISES $201,300 PERSONAL PROPERTY OFF PREMISES 100%n SUBJECT TO POLICY LIMITATION LOSS OF USE - ACTUAL LOSS SUSTAINED WITHIN 12 MONTHS OF THE LOSS $1,000 DEDUCTIBLE AMOUNT - ALL PERIL SECTION II PERSONAL. LIABILITY $3001000 MEDICAL EXPENSES $1,000 ADDITIONAL PROTECTION / ENDORSEMENTS OPTION 2 - EXTENDED COVERAGE ON JEWELRY, WATCHES AND FURS OPTION 14 - PERSONAL PROPERTY REPLACEMENT COVERAGE OPTION 4 - EXTENDED WATERCRAFT LIABILITY & MEDICAL EXPENSE COVERAGE (100 HORSEPOWER AND UP) ENVIRONMENTA.LIPERSONAL POLLUTION DAMAGE COV (END 523 ED 9/94) FUNGI OR BACTERIA. EXCLUSION (END 595 ED 6/02) GOLD STAR HOMEOWNERS AMENDATORY (END 587 ED 10/99) MINNESOTA AMENDATORY HOMEOWNERS (END 584C (MN) ED 11 /09) MINNESOTA MANDATED FIRE INSURANCE SURCHARGE $6.80 THIS POLICY INCLUDES INCREASED BUILDING LIMIT COVERAGE UP TO 120% OF. THE DWELLING LIMIT SHOWN ABOVE, SUBJECT TO POLICY PROVISIONS. CUSTOMER LONGEVITY DISCOUNT"/CLAIM FREE DISCOUNT HAVE BEEN APPLIED HOME & AUTO DISCOUNT HAS BEEN APPLIED LATEST BUILDING COST INDEX IS 230 Declarations effective on the date shown above. These declarations form a part of this policy and replace all other declarations which may have been issued previously for this policy. if these declarations are accompanied by a new policy, the policy replaces any which may have been issued before with the same policy number. AUTHORIZED REPRESENTATIVE Pr9Aitlen! SacrNa AGENT 024-073 PHONE (763) 424-8818 Gordy Steinwcg Ins. Agency 215 Central Ave. Osseo, MN 55369-1244 Form No. HO -470 1 of 2 Stook No. 23281 APPLICATION FOR LICENSE CITY of City of Crystal tRYSTAL 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. TX PVV .(ZRP"P A. TNT CIi. AR 1,V 1 Oi k(AIAIMIZ- Applicant's Name: M Fee (0100.4115):( $50.00.,l Home Address: X -75- BkopgiVW ))P—, Horne Phone: (766O—yIVCV U, City/State/Zip: ageD�AAI flV?- MAI S-rW-2> Cell Phone: Ok � ?--3 Date of Event: '?-b -;- / ')- 0 / 0 1 Business Phone: (763 ) 5-60- ';;`Y6d'— Hours of Use (not to exceed 12 hours): From Q-6 a.m./p.m.to a.m./p.m. Purpose of Event: 'C—Vz-g- P/ c4le, Maximum number of guests expected to attend: )- 6-6 Name & Address (including zip code) of park or city building where event will be held: I enclose the sum of fifty 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 for a. SPECIAL PERMIT FOR USE, CONSUMPTION, AND DISPLAY -,-.0-Ft-W1N&AND,-BEEX IN A CRYSTAL CITY PARK OR CITY FACI and at the date/time stated above, subject to all conditions and provisions of said Ordinance. Liability Requirements Are you a Business Partnership, Club, Corporation, or Non -Profit Association? XYes. You are required to attach a certificate of insurance showing current liability insurance naming the City of Crystal as an additional insured on the date of the event. No. You are required to attach a certificate of homeowner's insiwanCe that corresponds to the person signing this application. The certificate must contain a special event endorsement with the date of this event and must name the City of Crystal as additional insured. Security Requirement (only for Crystal C01771971177i/y Center reservations) Applicants renting a room at the Crystal Community Center (CCC) must hire one police officer mer every 100 guests. Officers must be present from the time that you begin serving alcohol to the end of your event. You may contact the Crystal Police Department at (763) 531-1033 to arrange for this security requirement, Number of police officers needed; Social Host Liability '< I have received and read Crystal City Code Section 1200,47, Social Host Liability (attached). City Use Only: Park/CCC reservation made: Y 0 1 ' , JDE# L-ty Date Entered: PIMS ID# N *2-,V Council Date: (If Council approves application, license to be: —picked up by applicant/ailed to applicant) 1AADMINUCENS IN G\Application Forrns\Liquor\SPEC [A L PERM InSpecial Perini I for Wine ai)\d Beer in Park or CCC.doc Application for a Special Permit for Use, Consumption, and Display of Wine and Beer in a Crystal City Park or City Facility Page 2 of 3 Liability The applicant waives any and all claims of any nature against the City and its officers, employees, and agents arising out of the permitted activity. If applicant is a business partnership, club, corporation, or non-profit association, this application must be accompanied by a certificate of insurance showing current liability insurance naming the City as an additional insured party under the insurance pplicy. Please Read and Sign (Crystal City Code, Subsection 815.13) Subd. 6. Application. The application for a special permit is prepared by the city clerk. The application must specify the purpose of the social event, the nature of the activity proposed, the hours during which it is to be conducted, the maximum number of persons expected to attend, and such other information as the clerk reasonably requests. The application must be accompanied by an insurance certificate, a bond or other undertaking in form and substance satisfactory to the city manager and city attorney, holding the city and its officers, employees, and agents from liability of any kind arising out of the permitted activity. If the applicant is a business partnership, club, corporation or non-profit association the application must be accompanied by a certificate of insurance showing current liability insurance naming the city as an additional insured party under the insurance policy. Subd. 8. Special Condition. The use, consumption and display and presence of liquor and beer in parks and related park facilities is a matter of special concern to the City as such activity relates to the peace and good order of the City. For that reason the issuance of a special permit under this subsection is determined to be a matter within the sole discretion of the City Council, and its determination to issue or not to issue a special permit is final. The Council may impose additional conditions in the granting of a special permit. I acknowledge that the Liability Clause, Application, and Special Conditions have been read and are understood by me and that I agree not to challenge or in any way contest the determination of the City Council with regard to the issuance of this special permit. I acknowledge that 1 am responsible to hire police officer(s) for my event at the CCC at my own expense. �A Applicant's signature Date k\ADMiN\LICENSING\Application Forms\Liquor\SPECIAL PERMM§Pecial Permit for Wine and Beer in Park or CCC.doc Application for a Special Permit for Use, Consumption, and Display of Wine and Beer in a Crystal City Park or City Facility Page 3 of 3 Additional Insured — Special Event Endorsement for homeowners only (Completed by Insurance Company Representative) Insurance Company: /#)rN rS61 Policy Number: �tJ` Z�2 �_G3 Name Insured: fCS G.0 D 6 C-- 7 Name of Additional Insured: City of Crystal 4141 Douglas Drive North Crystal MN 55422 Date of Event: Location of Event: Coverage Limit0 -0; — -L`-iabitity: _ Coverage period begins and ends at 12:01 a.m. Standard Time at the above -designated location. Effective Date: �3 / {� Expiration Date: 3 r Other information pertinent to this special endorsement: Signature Of authorized rep - entative -) b 3 — YcQ-- [ 32-3 Phone number of authorized representative 7 Ad bO/C� Date 1AADMIN\LICENSINMApplication Fonns\Liquor\SPECIAL PERMMSpecial Permit for Wine and Beer in Park or CCC.doo MAY -19-2010 15:12 ELKS INS PROGRAM P.02/03 5/19/lU / FX On'S Affinity Insurance Services, lnC. _r : ` , W.-, 4-w. PRODUCER ty Insurance Services, Inc. Aon's pini The Elks Insurance Program 200 E Randolph, 5th Floor Chicago, IL 60601 INSUKCV � Benevolent�Protective e0 r °f Elks of U.S. Minneapolis MN 2575 BrOOkdale Dr Brooklyn Park, MN 55444-1544 Ly AND CONFERS NO THIS S UPON IS ISSUED AS A CERTtFICATE HOLDER. ETH S CERTIFICATER OF t DOES NOT ATION ON AMEND, EXTEND RIGHTS UPON OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO COMPANY LETTER A Old Republic gnsurance Company COVERAGES EEN CONDI' OF ANY CONTRACT OR QTHER DOCU TO ALL THE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBFRMS, EXCLUSIONS AND CONDENT WITH RESPECT TO WHICH THIS iITIONS OF SUCH NOTWITHSTANDING ANY REQUIREMENT. TERM OR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA ED HEREIN IS SUBJECT POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LIMITS LTR JGENERAI I,gABtLBTY ® COMMERCIAL GENERAL LIABILITY Q CLAIMS MADE ® OCCUR ® LIQUOR LIABILITY MWZY 55634 EFFECTIVE DATE 03/31/10 „,..,,lt'.nT4 ®F OPERAT1ONWLLQCA'rtOl�iS/! ,Ht�� 13P �tAt� tS l . ' EXPIRATION DATE 03/31/11 GENERAL AGGREGATE PER OCCURRENCE PERSONAL &c ADV /INJURY PRODUCTS -COMPLETED OPS AGGREGATE LIQUOR LIABILITY EACH COMMON CAUSE LIQUOR LIABILITY AGG PER LOCATION 51.000.000 S1.000,000 $1.000.000 51.000.000 51.000,000 51.000,000 Insured Lodge: Elks Lodge # 44 Event: Elks Annual Picnic Location: Bassett Creek Park Date: 5/22/2010 THE CERTIFICATE HOLDER IS PROVIDED EVIDENCE OF COVERAGE � ASPECTS THE INSURER'S OPERATIONS DURING THE DESCRIBED EVENT OR ACTIVITY NO CER'T'IFICATE HOLI)ER City of Crystal 4141 Douglas Dr. North Crystal MN 55422 CIANCELLATION ....-..-. rn ntmnvF TNF SHOULD ANY OF THE ABOVE DESCRIBED EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS E AITCLEFT. FAILURE TO SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Aon,s Affinity Insurance Services, �--- REGULAR AGENDA #1 HYStAL CATION FOR CITY BOARDS & (COONS Crystal;J Return application to: 4141 Douglas Drive N, MN 55422 Fax: (763) 531-1'188 or email: , trudy.tassoni@ci.crysta.f.mn.us Thankyoufor your interest inserving your community. Please indicate below the board or commission you are interested inserving on. Eligibility nequire/nents-omannberofoboardor commission must beelawful resident ofCrystal and, ifreqV|red,a resident ofthe Council ward from which they are appointed. Parks & Recreation Commission _YNHuman Rights Commission Environmental Quality Commission Northwest HennepinHuman Sem�eyCound| 5hingleCrekWatemhed Management Commission Bassett Creek Watershed Management Commission Planning Commission Employee Review Board Charter Commission West Metro Fire Board PERSONAL INFORMATION Name SarahnamLength ofresidence inCrystal First Middle Last U /J Addresszip E-mail Employerl:91A. occupation The City will keep your application nnfile for one year. STATEMENT OF INTEREST Why are you interested involunteering oneCity board orcommission? _ [UmmV)q1\M CAn Cr6�\�''~`'— �y�� COMMUNITY,COMMUNITY,'<�8BiVOLUNTEB 0CB� L�``'"`'''' 7�� Please list your volunteer experience. NEW APPLICATION FOR CITY Page 1ms EDUCATION AND PROFESSIONAL Ez",.rPERIEN08 Describe your education and/or professional experience. �J IMPORTANT ISSUES FACING OUR COMOVIUNITY What do you thinkare the most important issues facing our community over the next several � � ~ �1 /�� n8yy7'�� /�Mq�� Mq/�11\/ }� �) Y]��lr� / ��(-� /��L�i/ .� � . — . . ~ — ~ / `' - �"��/ ^. Describe what issues and ideas you would like to see addressed by the board or commission you would |iketoserveon. 12 _ AND CONFLICT OF0NTEREST Are you aware of the meeting scher this board or commission and are you able to attend meetings regularly? (Circle one) nYESo NO A conflict of interest may arise by your participation in an activity, recommended action, or decision from which you receive or could potentially receive direct orindirect personal financial gain. Do you have any legal or equitable interest in any business which in the course of your participation on this board or commission could give rise to a conflict of interest? (Circle one) YES (if yes, please provide details unaseparate sheet of paper.) As a board or commission member, what issue(s) might cause conflict between your civic responsibility and personal or professional interests? How would you manage these conflicts? NEW APPLICATION FOR CITY BOARDS COMMISSIONSMOC Page aofs / IMPORTANT INI FOPLIWA`11'FON CONCERNING YOUR APPLICATION DATA PRIVACY NOTICE: Minnesota law requires that you be informed of the purposes and intended use of the information you are providing on this application. Pursuant to Minn. Stat. § 13.601, your name, address, length of residence, occupation, education, training, civic affiliations, qualifications, and experience are public data and is available to anyone who requests the information. The information you provide will be used to identify you as an applicant, enable us to contact you when additional information is required, send you notices, and assess your qualifications for appointment. This data is not legally required, but refusal to supply the information requested may affect the City Council's ability to accurately evaluate your application. Should you be appointed to a board or commission, pursuant to Minn. Stat. § 13.601, your residential address, and either home phone or email address (or both) may become public information. The purpose is to list contact information for commission members on a roster. i have read the data privacy notice given above and authorize investigation into all statements contained in this application. Furthermore, I authorize the City of Crystal to conduct a criminal history check, pursuant to City Code Section 311.01 subdivision 2, for purposes of determining my eligibility for a volunteer position with the City. MN Driver's License Number or State ID:__�_ t Rm A A ica is si ature Date Ppl ................................................................................................................................................................................................... For ol'Hce u:;e +:Ally i?�c.E�ivt�rJ: 5" ! � to I'',ar.lsr rE�t.uu1 c-rarnlllf�tc c : "�^^_ Intolt�l{?llVfli-11E-'./lime: �© ILi t-'t;iLlnCll �tlt!t'l'ii1Ej:,__. Term:._. L� -,Iok ........................................................................................................................................................................................ NEW APPLICATION FOR CITY BOARDS_COMMISSIONS.DOC Page 3 of 3 P,EGULAR AGENDA #2 Extract of Minutes of Meeting of the City Council of the City of Crystal Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Crystal, Minnesota, was duly held in the City Hall in the City on Monday, August 2, 2010, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next item of business was the consideration of a proposal for the sale of $617,322 General Obligation Street Reconstruction Bond, Series 2010A and $1,587,678 General Obligation Street Reconstruction Bond, Series 2010B of the City to Hennepin County. After due consideration of the proposal, Councilmember introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2010A AND SERIES 201013; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR ISSUANCE AND DELIVERY; AND PROVIDING FOR PAYMENT 3720041 SJB CR225-321 BE IT RESOLVED By the City Council of the City of Crystal, Hennepin County, Minnesota (the "City") as follows: Section 1. Background: Findings. 1.01. It is hereby determined that: (a) the City is undertaking a joint project with Hennepin County (the "County") to reconstruct County State Aid Highway No. 81 ("CSAH 81") in the City, such reconstruction being referred to as the "Project"; (b) the City and County entered into an Agreement for Right of Way Acquisition (the "ROW Agreement") under which the County agrees to acquire rights of way for the Project, and the City agrees to pay for a portion of the cost of such acquisition; (c) the City and County also entered into a Construction Cooperative Agreement (the "Construction Agreement"), under which the City and County allocate the cost of construction of the Project; and (c) the City is authorized by Minnesota Statutes, Section 475.58, Subdivision 3b, as amended (the "Act") to finance all or a portion of the cost of a street reconstruction project by the issuance of general obligation Bond of the City payable from ad valorem taxes; (d) under the Act, the term "street reconstruction" includes the local share of state and county road projects, and therefore the Project constitutes street reconstruction for purposes of the Act; (e) the City held a duly noticed public hearing on August 3, 2009 regarding the City of Crystal Street Reconstruction Plan for 2009 through 20014 (the "Plan") that describes the street reconstruction to be financed, the estimated costs, and any planned reconstruction of other streets in the City over the next five years, and approved the Plan and the issuance of obligations by vote of all of the members of the City Council present at the public hearing, all pursuant to the Act; (f) the City Council has determined that, within 30 days after the public hearing, no petition for a referendum on issuance of bonds that complies with Minnesota law governing such petitions was received by the City Clerk in accordance with the Act; (g) pursuant to the Plan, the City issued its $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B (the "Series 2009B Bond") to the County to 372004v1 SJB CR225-321 2 finance a portion of the City's share of the cost of right of way acquisition for the Project pursuant to the ROW Agreement, (h) the City has now determined that certain costs previously expected to be financed through the Series 2009B Bond were financed with other sources of funds, and the City has determined to refinance the Series 2009 Bond by issuing to the County the City's $617,322 General Obligation Street Reconstruction Bonds, Series 2010A (the "Series 2010A Bond"), which is intended to supersede and replace in all respects the Series 2009B Bond; (i) the City has further determined to finance a portion of the City's share of the construction costs under to the Construction Agreement by issuing to the County the City's $1,587,678 General Obligation Street Reconstruction Bond, Series 2010B. 0) the Series 2010A Bond and Series 2010B Bond are referred to together as "the Bonds," and the term `Bond" means either or both of the Bonds, as the context requires. 1.02. The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(6) to negotiate the sale of the Bonds, it being determined on the advice of bond counsel that interest'on the Bonds (if any) cannot be represented to be excluded from gross income for purposes of federal income taxation. Section 2. Sale of Bonds. 2.01. Pursuant to the Act, the City will forthwith issue and sell the Bonds to the County in consideration of the County's expenditures made or to be made for Project acquisition costs in accordance with the ROW Agreement and Project construction costs in accordance with the Construction Agreement. The Bonds will be originally dated as of August 1, 2010, in the denomination of the respective par amount of each Bond, and are payable, without interest, on December 15 in the years and installment amounts as follows: 3720041 SJB CR225-321 2.03. Optional Redemption. The City may elect on any date to prepay either or both of the Bonds. Redemption may be in whole or in part and if in part, at the option of the City and in such order of installments as the City will determine. Prepayments will be at a price of par. Section 3. Registrations. 3.01. Registered Form. The Bonds will be issued each as a single typewritten bond, numbered R-1, only in fully registered form. Upon surrender of each Bond, the principal amount thereof, will be payable by check or draft issued by the Registrar described herein. 3.02. Registration. The City appoints the City Finance Director as bond registrar (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto will be as follows: (a) Re ig ster. The Registrar will keep a bond register in which the Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bond entitled to be registered, transferred or exchanged. (b) Transfer of Bond. Upon surrender for transfer of the Bonds duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, a new Bond of a like aggregate principal amount and maturity, as requested by the transferor. (c) Exchange of Bond. Whenever the Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver a new Bond of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. 372004v1 SJB CR225-321 4 Series 2010A Series 2010E Year Amount Amount December 15, 2010 $509,109 ---------- December 15, 2011 108,213 400,896 December 15, 2012 ---------- 509,109 December 15, 2013 ---------- 536,336 December 15, 2014 ---------- 141,337 2.03. Optional Redemption. The City may elect on any date to prepay either or both of the Bonds. Redemption may be in whole or in part and if in part, at the option of the City and in such order of installments as the City will determine. Prepayments will be at a price of par. Section 3. Registrations. 3.01. Registered Form. The Bonds will be issued each as a single typewritten bond, numbered R-1, only in fully registered form. Upon surrender of each Bond, the principal amount thereof, will be payable by check or draft issued by the Registrar described herein. 3.02. Registration. The City appoints the City Finance Director as bond registrar (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto will be as follows: (a) Re ig ster. The Registrar will keep a bond register in which the Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bond entitled to be registered, transferred or exchanged. (b) Transfer of Bond. Upon surrender for transfer of the Bonds duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, a new Bond of a like aggregate principal amount and maturity, as requested by the transferor. (c) Exchange of Bond. Whenever the Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver a new Bond of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. 372004v1 SJB CR225-321 4 (d) Cancellation. A Bond surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond will be overdue or not, for the purpose of receiving payment of, or on account of, the principal of such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of the Bond sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bond. In case any Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver anew Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar will be named as obligees. A Bond so surrendered to the Registrar will be cancelled by it and evidence of such cancellation will be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it will not be necessary to issue a new Bond prior to payment. (i) Redemption. In the event a Bond is called for redemption, notice thereof identifying the Bond to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and 3720041 SJB CR225-321 5 by publishing the notice if required by law. Failure to give notice by publication or by snail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of the Bond. 3.04. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and will be executed on behalf of the City by the signatures of the Mayor and the City Manager. In case any officer whose signature or a facsimile of whose signature appears on the Bond will cease to be such officer before the delivery of the Bond, such signature will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the County, for the consideration described in the ROW Agreement and Construction Agreement, respectively. Section 4. Form of Bond. 4.01. The Series 2010A Bond will be printed or typewritten in substantially the following form: (The remainder of this page is intentionally left blan1c.) 3720041 SJB CR225-321 6 No. R-1 UNITED STATES OF AMERICA $617,322 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION STREET RECONSTRUCTION BOND, SERIES 2010B Date of Original Issue August 1, 2010 The City of Crystal, Minnesota, a duly organized and existing municipal corporation in Henriepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to Hennepin County, Minnesota, or registered assigns, the principal sum of $617,322 on December 15 in the years and installment amounts as follows: Year Amount December 15, 2010 $509,109 December 15, 2011 108,213 without interest thereon. For the prompt and full payment of such principal as the same becomes due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on any date to prepay the Bond. Redemption may be in whole or in part and if in part, at the option of the City and in such order of installments as the City will detennine. Prepayments will be at a price of par. This Bond is one of an issue in the aggregate principal amount of $617,322 of like original issue date and tenor issued pursuant to a resolution adopted by the City Council on August 2, 2010 (the "Resolution"), and pursuant to a Agreement for Right of Way Acquisition between the City and County dated as of , 2009 (the "ROW Agreement') for the purpose of providing money to finance certain street reconstruction in the City pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 475.58, subd. 3b and the City's home rule charter, and the principal hereof is 3720041 SJB CR225-321 7 payable from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The Bond is further issued to refund, replace, and supersede in all respects the City's $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B (the "Series 2009B Bond"). The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bond is issued only as a fully registered Bond in the denomination of the par amount. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for a Bond of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. 372004v1 SJB CR225-321 8 Dated: (Facsimile) City Manager CITY OF CRYSTAL, MINNESOTA (Facsimile) Mayor REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Bond is registered in the bond register of the City Finance Director in the name of the person last listed below. Signature of Date of Registration Registered Owner City Finance Director Hennepin County, Minnesota Federal ID #41-6005801 4.02. The Series 2010B Bond will be printed or typewritten in substantially the following form: (The remainder of this page is intentionally left blank.) 372004v1 SJB CR225-321 9 No. R-1 UNITED STATES OF AMERICA $1,587,678 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION STREET RECONSTRUCTION BOND, SERIES 2010B Date of Original Issue August 1, 2010 The City of Crystal, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to Hennepin County, Minnesota, or registered assigns (the "County"), the principal sum of $1,587,678 on December 15 in the years and installment amounts as follows: Year Amount December 15, 2011 $400,896 December 15, 2012 509,109 December 15, 2013 536,336 December 15, 2014 141,337 without interest thereon. For the prompt and full payment of such principal as the same becomes due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Notwithstanding anything to the contrary herein, the final payment due on December 15, 2014 will be adjusted to reflect the actual amounts owing to the County under the Construction Cooperative Agreement between the City and County dated as of March 5, 2010 (the "Construction Agreement"). The City may elect on any date to prepay the Bond. Redemption may be in whole or in part and if in part, at the option of the City and in such order of installments as the City will determine. Prepayments will be at a price of par. 3720041 SJB CR225-321 10 This Bond is one of an issue in the aggregate principal amount of $1,587,678 of like original issue date and tenor issued pursuant to a resolution adopted by the City Council *on August 2, 2010 (the "Resolution"), and pursuant to the Construction Agreement, for the purpose of providing money to finance certain street reconstruction in the City pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 475.58, subd. 3b and the City's home rule charter, and the principal hereof is payable from ad valorem taxes as set forth in the Resolution to which reference is made for a fiill statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bond is issued only as a fully registered Bond in the denomination of the par amount. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for a Bond of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. 3720041 SJB CR225-321 11 Dated: CITY OF CRYSTAL, MINNESOTA (Facsimile) (Facsimile) City Manager Mayor REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Bond is registered in the bond register of the City Finance Director in the name of the person last listed below. Signature of Date of Registration Registered Owner City Finance Director Hennepin County, Minnesota Federal ID #41-6005801 Section 5. Payment: Security. 5.01. The Bonds will be payable from the General Obligation Street Reconstruction Bond, Series 2010A and Series 2010B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes hereinafter levied (the "Taxes") are hereby pledged to the Debt Service Fund. Within the Debt Service Fund, the City will maintain a Series 2010A subaccount and a Series 2010B subaccomit, and Taxes levied to pay each respective Bond are pledged to the respective subaccounts. If a payment of principal on either Bond becomes due when there is not sufficient money in the relevant subaccount of the Debt Service Fund to pay the same, the Finance Director will pay such principal from the general fund of the City, and the general filed may be reimbursed for those advances out of the proceeds of Taxes levied by this resolution when collected. 5.02. The City Clerk is directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and obtain the certificate required by Minnesota Statutes, Section 475.63. 5.03. For the purpose of paying the principal of the Bonds on each installment date, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such Taxes will be credited to the respective subaccounts of the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of collection): 3720041 SJB CK25-321 12 Year For Series 2010A For Series 2010B 'Total Levy 2010 $534,565 ---- $534,565* 2011 $113,624 420,941 $534,565 2012 ---- $534,565 $534,565 2013 ---- $563,153 $563,153 2014 ---- $148,404 $148,404** Levied in 2009 for collection in 2010, pursuant to the resolution approving issuance of the Series 2009B Bond. ** Levy is subject to adjustment to reflect changes in final payment, as described in the Construction Agreement. 5.04. It is determined that the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due, the principal payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid (except as otherwise provided in the Series 2010B Bond and in the Construction Agreement), provided that at the time the City makes its annual tax levies the City Finance Director may certify to the Taxpayer Services Division Manager the amount available in the Debt Service Fund to pay principal due during the ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during such year by the amount so certified. It is further determined that the tax levy for the Series 2010A Bond payable in 2010 and 2011 is the same amount as that levied for the Series 2009 Bond payable in 2010 and 2011, and the levies under this resolution replace in all respects the levies made in the resolution approving the Series 2009B Bond. Section 6. Authentication of Transcript. 6.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Comity, as purchaser of the Bond, and to the attorneys approving the Bond, certified copies of proceedings and records of the City relating to the Bond and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their lalowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bond and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. It is determined that no comprehensive Official Statement or offering material has been prepared or circulated by the City in connection with the sale of the Bonds, such Bonds being issued under ROW Agreement and Construction Agreement, which are cooperative agreements between the City and County. 372004v1 SJB CR225-321 13 Section 7. Continuing Disclosure. 7.01. In order to qualify the Bonds for exemption from Securities and Exchange Commission Rules, Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and representation: The Bonds are sold in an authorized denomination of $100,000 or more, to a single purchaser that has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment, and is not purchasing for more than one account or with a view to distributing the securities. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. Section 8. Defeasance. 8.01. When the Bonds, or either Bond, has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holder of the subject Bond will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of the Bond will remain in fall force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may neverthelessbe discharged by depositing with the Registrar a sum sufficient for the payment thereof in full. The motion for adoption was duly seconded by Councilmember , and, upon vote being taken thereon, the following members voted in favor: and the following voted against: whereupon said resolution was declared duly passed and adopted. 372004v1 SJB CR225-321 14 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF CRYSTAL ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Crystal, Hennepin County, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held *on Monday, August 2, 2010 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Street Reconstruction Bonds, Series 2010A and Series 2010B. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 2010. City Clerk City of Crystal, Minnesota (SEAL) 372004vl SJB CR225-321 STATE OF MINNESOTA CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO TAX LEVY AND REGISTRATION I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Crystal, Minnesota, on August 2, 2010 levying taxes for the payment of $617,322 General Obligation Street Reconstruction Bond, Series 2010A and $1,587,678 General Obligation Street Reconstruction Bond, Series 2010B of said municipality, each dated August 1, 2010, has been filed in my office and said Bond has been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this (SEAL) 3720041 SJB CR225-321 day of , 2010. Taxpayer Services Division Manager Hennepin County, Minnesota Deputy REGULAR AGENDA #7 FROM: Tom Mathisen, Director of Public Works TO: Anne Norris, City Manager (for August 2 City Council Meeting) DATE: July 29, 2010 RE: Consider Resolution to Exceed 2011 Operating Budget Cap Minnesota State Statutes require watershed management plans to be updated no less frequently than every ten years. The Shingle Creek WMO must have its 3rd Generation Plan completed by the end of 2012. It is important to begin the process in 2011 in order to allow for adequate public input and required comment periods by reviewing agencies. The Watershed has been operating under a budget cap since 2005, and as such it has not been possible to set aside funds for the upcoming planning process. The purpose of the additional assessment of $49,000 is to begin the process of preparing the Third Generation Watershed Management Plan. The attached Table 3. Member Assessments shows that Crystal's share of the proposed increased 2011 assessment is $3,998. This is for 2011 only and is not cumulative or added on to budgets beyond 2011. Attached is a Q & A that provides more details. It is recommended that the Council adopt the attached resolution. Respectfully ubmitted, -N, 'y u D " Thoma Respectfully iseNn, DPW' Lpubworks/watersheds/shingle creek/2010/2011 Budget Cap mem 9J -is 11 , AUTHORIZING THE SHINGLE CREED WATERSHED MANAGEMENT COMMISSION TO EXCEED THE ADMINISTRATIVE BUDGET LEVY CAI' WHEREAS, the City of Crystal is a member of the Shingle Creek Watershed Management Commission, a Minnesota joint powers organization, organized pursuant to Minnesota Statutes, Section 471.59 and Section 103B.211 (the "Commission"); and WHEREAS, the Joint Powers Agreement establishing the Commission provides that the Commission's annual levy to the cities for its administrative budget may not exceed a cap, which, for calendar year 2011, is in the amount of $311,400, without the consent of a majority of the city members; and WHEREAS, the Commission has requested the approval by the member cities of a levy for its administrative budget which exceeds the cap by the amount of $42,000, for a total assessment of $353,400; and WHEREAS, Minnesota State Statutes require watershed management plans to be updated no less frequently than every ten years, and the purpose of the additional assessment is to prepare the Third Generation Watershed Management Plan; and WHEREAS, the City Council has determined that it is reasonable, appropriate, and in the best interests of the public to approve the proposed levy for the administrative budget requested by the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, as follows: 1. The City Council approves the total levy by the Shingle Creek Watershed Management Commission for calendar year 2011 for its administrative budget in the amount of $353,400. 2. The City Clerk is directed to forward a copy of this resolution to the recording secretary of the Commission. Adopted by the City Council of the City of Crystal this 2nd day of August, 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Cleric L/pubworks/watersheds/Shingle Creelc/2010/2011 Budget Cap res Table 3. Member Assessments — Third Generation Plan Only Community Acre- age g 2010 Tax Capacity p y Cost Allocation Based on Area %age Dollars Cost Based on Tax Capacity %age Dollars Total Cost %age Dollars Brooklyn Center 3,720 $14,849,388 13.1% $3,202 10.9% $2,678 12.0% $5,880 Brooklyn Park 7,080 33,246,370 24.9% 6,095 24.5% 5,996 24.7% 12,091 Crystal 2,480 10,332,274 8.7% 2,135 7.6% 1,863 8.2% 3,998 Maple Grove 5,020 26,391,198 17.6% 4,322 19.4% 4,759 18.5% 9,081 Minneapolis 1,950 9,096,424 6.9% 1,679 6.7% 1,640 6.8% 3,319 New Hope 2,070 11,707,743 7.3% 1,782 8.6% 2,111 7.9% 3,893 Osseo 300 1 2,022,543 1.1% 258 1 1.5% 365 1.3% 623 Plymouth 4,380 19,965,825 15.4% 3,771 14.7% 3,601 15.0% 7,371 Robbinsdale 1,460 8,241,022 5.1% 1,257 6.1% 1,486 5.6% 2,743 Totals 28,460 1 $135,852,787 100% $24,500 100% $24,500 100% 1 $49,000 Table 3. Member Assessments —Total 2009 Community Acreage 2008 Tax Capacity Cost Allocation Based on Area /o age Dollars Cost Based on Tax Capacity 0 %age Dollars Total Cost 0 /nage Dollars Brooklyn Center 3,720 $17,917,888 13.07% $19,899 11.24% $17,110 12.16% $37,009 Brooklyn Park 7,080 39,492,656 24.88% 37,872 24.77% 37,713 24.82% 75,585 Crystal 2,480 12,582,714 8.71% 13,266 7.89% 12,016 8.30% 25,281 Maple Grove 5,020 29,876,933 17.64% 26,852 18.74% 28,531 18.19% 55,383 Minneapolis 1,950 12,164,574 6.85% 10,431 7.63% 11,616 7.24% 22,047 New Hope 2,070 13,514,250 7.27% 11,073 8.48% 12,905 7.88% 23,978 Osseo 300 2,249,662 1.05% 1,605 1.41% 2,148 1.23% 3,753 Plymouth 4,380 22,049,847 15.39% 23,429 13.83% 21,056 14.61% 44,485 Robbinsdale 1,460 9,570,048 5.13% -- -7,810-- . --- 6.00% 9,139 5.57% 16,948 Totals 28,460 $159,418,572 100.00% $152,235 100.00% $52,235 100.00% $304,470 2010 Community Acreage 2009 Tax Capacity Cost Allocation Based on Area o /age Dollars Cost Based on Tax Capacity 0 /age . Dollars Total Cost 0 /age Dollars Brooklyn Center 3,720 $17,568,347 13.07% $19,894 11.30% $17,206 12.19% $37,100 Brooklyn Park 7,080 38,843,789 24.88% 37,863 25.00% 38,042 24.94% 75,905 Crystal 2,480 11,622,042 8.71% 13,263 7.48% 11,382 8.10% 24,645 Maple Grove 5,020 28,215,831 17.64% 26,846 18.16% 27,634 17.90% 54,480 Minneapolis 1,950 12,105,330 6.85% 10,428 7.79% 11,856 7.32% 22,284 New Hope 2,070 13,391,982 7.27% 11,070 8.62% 13,116 7.95% 24,186 Osseo 300 2,223,546 1.05% 1,604 1.43% 2,178 1.24% 3,782 Plymouth 4,380 21,127,274 15.39% 23,424 13.59% 20,691 14.49% 44,115 Robbinsdale 1,460 10,307,930 5.13% 7,808 6.63% 10,095 5.88% 17,903 Totals 28,460 $155,406,071 100.00% $152,200 100.00% $152,200 100.00% $304,400 2011 Community Acreage 2010 Tax Capacity Cost Allocation Based on Area /cao age Dollars Cost Based on Tax Capacity %age Dollars Total Cost 0 %age Dollars Brooklyn Center 3,720 $14,849,388 13.07% $23,096 10.93% $19,314 12.00% $42,411 Brooklyn Park 7,080 33,246,370 24.88% 43,958 24.47% 43,243 24.67% 87,200 Crystal 2,480 10,332,274 8.71% 15,398 7.61% 13,439 8.16% 28,837 Maple Grove 5,020 26,391,198 17.64% 31,168 19.43% 34,326 18.53% 65,494 Minneapolis 1,950 9,096,424 6.85% 12,107 6.70% 11,831 6.77% 23,938 New Hope 2,070 11,707,743 7.27% 12,852 8.62% 15,228 7.95% 28,080 Osseo 300 2,022,543 1.05% 1,863 1.49% 2,631 1.27% 4,493 Plymouth 4,380 19,965,825 15.39% 27,194 14.70% 25,969 15.04% 53,163 Robbinsdale 1,460 8,241,022 5.13% 9,065 6.07% 10,719 5.60% 19,784 Totals 28,460 $135,852,787 100.00% $176,700 100.00% $176,700 100.00% 1 $353,400 reekwatershed Management Commission 3235 Fernbrook Lane N - Plymouth, MN 55447 Phone (763) 553-1144 - Fax (763) 553-9326 www.shinglecreek.orci 2011 Budget and Third Generation Plan Q & A Q: Why is the Commission required to undertake this plan at this time? A: State statute requires Metro area watershed management organizations to update their watershed management plans no less frequently than every ten years. The Commission's current Second Generation Watershed Management Plan expires at the end of 2012. The Plan must be in final draft by mid -2012 to allow for the required six month review and approval process. Q: What is required for the Third Generation Plan? A: The Board of Water and Soil Resources (BWSR) is currently revising Minnesota Rules 8410, which specifies what must be included in watershed and local water managernent plans. BWSR expects to bring draft revised rules to the public later this year. The draft revised rules, which are available at http://www.bwsr.state.mn.us/planniiig/index.htill14waters]led are expected to be finalized and in effect when the Shingle Creek and West Mississippi Watershed Management Commissions undertake their Third Generation Plan. According to BWSR, the goal of the Metropolitan Area Watershed Management Rule revision is to move "...away from an overly prescriptive, one -size -fits -all approach to a more result -oriented framework. In essence, future watershed plans would consist of periodically updated inventories and goals, and frequently updated implementation and capital improvement plan sections." The revised rules will require WMOs to assess current conditions in the watershed; identify and prioritize issues; review and incorporate other management plans such as TMDLs, wellhead protection programs, source water assessments, groundwater plans, and NPDES permits; perform a wetlands functions and values inventory; perform a water quality trend analysis; and update the land and water resources inventory. The plan must have numerical goals and include a process that will be used to assess progress every two years. The plans must include water quality and runoff volume management goals, and identify and prioritize capital projects and management programs, including a monitoring program and an education and outreach program. It is expected that projects and programs will be resource -oriented rather than watershed oriented. It is likely that the Plan will include several subwatershed plans organized by lakeshed like the lake TMDLs, where Pomerleau- Schmidt-Bass was one TMDL, Cedar Island -Pike -Eagle was another, Twin Lakes and Ryan Lake was a third, etc. BWSR expects that the Third Generation Plans will be developed using an extensive and robust public and agency input process. Brooklyn Center - Brooklyn Park ^ Crystal - Maple Grove - Minneapolis - New Hope - Osseo - Plymouth - Robbinsdale Q: Our Local Government Aid has been cut drastically, and we have been forced to make significant budget reductions, including reducing staff. We can't afford to do this now A: When the Minnesota Legislature passed the Metropolitan Surface Water management Act in 1982, is also revised state statute to authorize cities to create stormwater utilities to pay for watershed management and other stormwater management .activities. .The intent was to insulate watershed management from the ups and downs of the General Fund and Local Government Aid. All but one of the member cities have stormwater utilities and pay the watershed assessments from the utility fund, not the General Fund. Q: Why can't the Third Generation Plan be paid for from the current budget? A: The member cities have obligations under their NPDES permits that are handled by the Commission at a lower cost than if the cities did this work themselves. For example, instead of each city having its own duplicate education program, the Commission has an education program that meets the requirements for the cities. If the watershed education budget is cut and the funds reallocated to pay for the Third Generation Plan, then the cities will have to provide their own education programming at their cost, and most of the member cities do not have the resources or the staff to take on that permit requirement. In addition, the lake TMDLs and the Shingle Creek chloride TMDL commit the Commission and the cities to continuing and expanding lake and stream monitoring. This monitoring data helps the cities understand where best to spend their limited resources, and to avoid making improvements that will not measurable improve the lakes and streams in the watershed. Again, if the Commission does not provide this monitoring, then the member cities must take on. this. requirement. Few cities have the required staff and specialized equipment that are. necessary for this monitoring. Q: What if we postpone the Plan for a few years until the economy and the budget picture looks better? A: Once the Plan expires at the end of 2012, the Commission and the member cities will no longer be eligible for state and federal grant funding such as the grants from the Legacy Amendment. The Commission and member cities have received over $1 million in grant funding in just the past three years to help construct projects and purchase new road salt application equipment. ZAShingle CreekTinancialsTinancials 201 I\Budget QA.doc Brooklyn Center - Brooklyn Park - Crystal - Maple Grove - Minneapolis - New Hope - Osseo - Plymouth - Robbinsdale REGULAR AGENDA #8 To: Tom Mathisen, Public Works Director ' From: Rick Rauen, Parks Superintendent Date: June 11, 2010 Re: PIR 5066 ... Replacement of Unit #106 I'm requesting PIR funds (45066) in the amount of approximately $44,500 for the purchase of a new Ford F-350 cab & chassis, dump box and lift to replace our existing #106 which will be auctioned off once the new unit is delivered. The Ford F-350 will be purchased from Midway Ford using State contract #443069. The truck is a standard 4 wheel drive regular cab & chassis. The cost for this is approximately $23,613.49 plus tax. A Tommygate and Henderson stainless steel dump box will be installed on the cab & chassis. This will be purchased from and installed by Aspen Equipment. The cost of the installed box and lift is about $19,144 and is included in the State contract #440961.* To summarize: 2010 Ford F-350 cab & chassis (Midway Ford) ............................$23,613.49 + tax Tommgate lift and Henderson dump box (Aspen Equipment) ...... $19,143.45 Estimated Total (+ additional sales tax) .....................................$42,756.94 Copies of all quotes are attached. Thank you. RESOLUTION NO. 2010 - APPROVING PIR EXPENDITURE FOR REPLACEMENT PARKS DEPARTMENT UNIT #106 ONE TON TRUCK LIFTGATE, AND SS DUMP BOX 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 (#4732 $60,000); and WHEREAS, the existing Unit #304 is a 1997 Ford truck that has lived out its useful life to the City, and will be sold at public auction; and WHEREAS, the City Council hereby acknowledges: 1) A one ton truck, liftgate and stainless steel dump box 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 finding is the PIR Fund; and WHEREAS, the City will purchase through a combination of the competitive State bidding process (Contracts # 443069 and #440961). NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby appropriates $23,613.49 plus tax for the purchase of a 2010 Ford F-350 truck from Midway Ford, and the liftgate and dump box fiom Aspen Equipment for $19,143.45, tax included; for a total amount of $42,756.94. Adopted by the Crystal City Council this 2nd day of August 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk I:pubworks/equipment2010/parks piekup2 201 Ores REGULAR AGENDA #9 DATE: July 28, 201Z11 TO: Mayor and City Council FROM: Anne Norris, City Manager C C During this year's session, the Legislature changed the law regarding primary elections so primary elections are now held in August. As a result, the Crystal Charter Commission met in April to discuss changes necessary to the Charter to comply with the new election legislation. The Charter Commission recommended the following changes: Section 4.03 — Added language referencing State law on the date for primary elections; and Section 4.08 — Revised language providing for withdrawal of candidates to be consistent with State law. In addition, the Charter Commission recommended adding Section 4.10 providing for filing fees greater than outlined in State law. It is legal for charter cities to charge a fee different than that specified in state law, provided the charter authorizes such a fee. Several other charter cities do charge higher fees, generally as a way to discourage "frivolous" filings. Attached is a copy of the ordinance making these recommended amendments to sections of Chapter 4 of the Charter. The Council held a public hearing and approved the first reading of the ordinance on June 15. In order for the changes to be approved, all councilmembers must be present and approve the proposed ordinance. No summary ordinance is allowed for Charter amendments. Recommend approval of the second reading of the ordinance making these changes. Attach: SECTION 4. 10 THE CITY OF CRYSTAL ORDAINS: Section 1. Background; findings; authority. 1.01. The City of Crystal (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes Chapter 410, as amended (Act). 1.02. The Charter Commission of the City has proposed the adoption of amendments (Amendments) to the charter and recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, subdivision 7, of the Act. The form of the Amendments is set out in Section 2.02. 1.03. A public hearing on the Amendments was held on June 15, 2010 by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council fords and determines that it is in the best interests of the City and its residents that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. The text of the Amendments is as follows: (New language underlined: deleted language lined through) "Section 4.03. Primary Election. If the names of three or more persons have been filed as candidates for a ward or section election, or for any citywide office, the council must provide by resolution for a primary election to be held citywide or in the ward or section. The primary election is held on a date not loss +r,.,,, 25 days p ,. to the ,. ,,,, ar- eit , eleet o as required by Minnesota Statutes, 204B.35, subd.4 and 20413.39, as amended. Notice of the primary election is given in the same manner as provided in section 4.02 for regular elections. Failure to given notice of the primary election does not invalidate the election." "Section 4.08. Withdrawal of Candidate. A person nominated as a candidate pursuant to this chapter may withdraw as a candidate by filing an affidavit of withdrawal v request to <,,ithd . ,<„ with the city clerk by 5:00 p.m. no later than 1 o'eloek ,,,,o o the day fallowing two days after the last day for filing. The name of a candidate who has withdrawn may not be printed on the election ballot if a withdrawal reduces the number of candidates to less than two; other nominations for the office may be filed not later than 6-3 70 days prior to the election." DJK-215243v1 CR205-5 "Section 4.10. Filing Fees. The City Council may, by ordnance, determine a filing fee for candidate filings for election for the positions of mayor and councilmember." 2.03. This ordinance is effective 90 days after its publication, except that if within 60 days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at a general or special election called by the Council for that purpose. 2.04. On the effective date of the Amendments, the City Clerk is authorized and directed to file copies of the Amendments with the Secretary of State of the State of Minnesota, the Hennepin Coiunty Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Crystal, Minnesota this 6th day of July, 2010. First Reading: June 15, 2010 Second Reading: August 2, 2010 Published: August 12, 2010 ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk DJK-215243v1 CR205-5 REGULAR AGENDA #10 COUNCIL - STAFF REPORT cl cl STAL Order a public hearing for proposed City Charter " Camendments FROM: Janet Lewis, City Clerk DATE: July 23, 2010 TO: City Council City Manager CC: City Attorney At the July 6 Council Work Session, the City Council discussed proposed Charter amendments to Chapter 5, Initiative and Referendum. The proposed amendments were approved for Council consideration by the Charter Commission on June 3, 2010. A hearing to consider the'amendments needs to be ordered by the Council, and the public hearing notice published in the local newspaper at least 10 days prior to the hearing. A unanimous vote of the Council is also required to approve the First and Second Readings. Council Action Requested Order a public hearing to consider the First Reading of an ordinance amending Sections 5.03 through 5.10 of the Crystal City Charter. Suggested Council Meeting dates for the public hearing are September 7 or 21,2010. I:\Commissions\Charter\2010\Staff Report Form Lewis—charter amendments chapter 5 order hearing.doc AN ORDINANCE RELATING TO THE CRYSTAL CITY CHARTER AMENDING SECTIONS 5.03-5.10 THE CITY OF CRYSTAL ORDAINS: Section 1. Background; findings; authority. 1.01. The City of Crystal (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes Chapter 410, as amended (the Act). 1.02. The Charter Commission of the City has proposed the adoption of amendments (Amendments) to the charter and recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, subdivision 7, of the Act. The form of the Amendments is set out in Section 2.02. 1.03. A public hearing on the Amendments was held on , 2010 by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council fords and determines that it is in the best interests of the City and its residents that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. The text of the Amendments is as follows: (New language underlined: deleted language lined through) "Section 5.03. Initiative. The initiative is governed by sections 5.03 through 5.08. Five eligible voters may form a committee to initiate an ordinance. The committee must use the forms for an initiative petition available from the city clerk in order to commence the initiative petition process. Prior to circulating a petition the committee must file a certified copy of the initiated ordinance with the city cleric with a list of the names and addresses of the members of the committee on the forms provided by the city clerk. A certified copy of the initiated ordinance must be attached to each page of the signatufe papers initiative etp ition together with the names and addresses of the members of the committee. "Section 5.04. Forms. Subdivision 1. The initiative petition consists of the initiated ordinance and signature papers attached. The petition is not complete unless signed by a number of eligible voters equal to at least five percent of the number of registered voters registered in the city on the date of the regular city election immediately preceding the filing of the petition on the forms provided by the cily clerk. DJK-215243vl CR205-5 Subd. 2. A petition inust be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. The signer's oath and the signature lines must be on the same side of the Paper. The language on the petition must be printed in as large as possible but no smaller than 8 -point We. Subd. 3. Each petition page must have a short title describing the purpose of the petition. Each petition page may have a statement of 75 words or less summarizing the ordinance proposed by the committee. Subd. 4. Each petition page must have a signer's oath in 12 -point bold type. The following oath must be used: "I swear (or affinn) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." Subd. 5. Each petition page must include the following statement .immediately above the signature lines: "All information must be filled in by person(s) signing the petition unless disability_ prevents the persons) from doing so." Each petition page must have no more than 20 signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; and each signatory's year of birth; printed first, middle, and last naine; and residence address, municipality, and county. Each petition page must include the following statement: "All information on this petition is subject to public inspection. DJK-215243v1 CR205-5 M. A- r- DJK-215243v1 CR205-5 "Section 5.05. Filing of Petition: Duties of Clerk. The signature papers and the petition are filed as one instrument with the city clerk. No later than five ten working days after the filing of the petition the clerk must determine if the petition complies with this chapter. If the cleric determines that the petition does not comply with this chapter, the clerk must promptly notify in writing one or more of the initiative committee of that fact in a notice stating the reasons for the determination of non-compliance. During the 30 days following the clerk's notice the committee may file additional signature papers or otherwise amend the petition to comply with this chapter. If upon examination of an amended petition the cleric determines that the petition does not comply with this chapter, the cleric must file the petition and notify each member of the initiative committee of that fact. After the final determination of non-compliance by the cleric a new petition proposing the same or a similar ordinance may be submitted in accordance with this chapter and the council may submit the proposed ordinance to the voters at a regular or special election." "Section 5.06. Council Action on Petition. If the petition is in compliance with this chapter the clerk must certify that fact together with the petition to the council at its next regular meeting or at a special meeting called to consider the petition. The council must consider the ordinance at the meeting and provide for a prompt public hearing on the ordinance. The council must act on the ordinance as prescribed in this section within 65 days after certification of the petition by the clerk. If the council does not enact the ordinance, the ordinance must be submitted to the voters at the next regular city election. If the number of signers of the petition is equal to at least ten percent of the number of registered voters in the city on the date of the regular city election immediately prior to the date of filing of the petition, the council must submit the ordinance to the voters at a special election. The special election must be held (a) not less than 30 days before nor more than 45 days after the date of final action on the ordinance by the council or (b) no later than 65 days after the date of certification of the petition to the council when there has been no final action on the ordinance by the council. If a regular city election is to occur within three months of the date determined for a special election as provided in this section, the council may submit the ordinance to the voters at that regular election. If the council enacts the proposed ordinance with amendments and at least four-fifths of the committee of petitioners DJK-215243v1 CR205-5 do not express their dissatisfaction with the amended ordinance by a statement to that effect filed with the city clerk no later than ten days after enactment of the ordinance, the ordinance need not be submitted to the voters." "Section 5.07. Ballots. The ballot at an election on an ordinance initiated under this chapter must state the substance of the ordinance as determined by the city council and contain appropriate instructions for the voters to indicate "yes" or "no" on the question of its adoption. If approved by a majority of the voters the ordinance is effective as provided in section 3.09. Any number of initiated ordinances may be voted on at the same election, but the voters must be permitted to vote for or against each ordinance separately." Section 5.08. Amendment and Repeal. During the one year period following its effective date an ordinance adopted by the vote of the people may be repealed or amended only by a vote of the people. "Section 5.09. The Referendum. The referendum is governed by sections 5.09 and 5.10. If prior to the effective date of an ordinance approved by the city council pursuant to Chapter 3 of this Charter, a petition signed by eligible voters equal to at least five percent of the number of registered voters in the city on the date of the regular city election immediately preceding the filing of the petition is filed with the city cleric requesting that the ordinance be repealed or submitted to the voters, the ordinance is not effective. The council must at its next regular meeting either repeal the ordinance or re -affirm the ordinance as enacted. If the ordinance is re -affirmed by the council, the council may order a special election on the ordinance or submit the ordinance to the voters at the next regular municipal election. If a majority of the voters vote against the ordinance it is not effective. If a majority of the voters vote in favor of the ordinance it is effective as provided in section 3.09." "Section 5.10. Referendum Petition. The requirements of sections 5.03 and 5.04 for the formation of committees for the initiative and the form of petitions and signature papers apply with necessary modifications to the referendum petition process. The committee must use the forms for a referendum petition available from the city cleric in order to commence the referendum petition process. The form of a referendum ballot must conform to the requirements of section 5.07. :-M—e f f a'_m s;,.,,atufo pa"n" is fbEed as fel DJK-215243vl CR205-5 110-111.1. 111 rSubse d and Swem to bef9r-e nye this day of (•VS). (Seal) 2.03. This ordinance is effective 90 days after its publication, except that if within 60 days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at a general or special election called by the Council for that purpose. 2.04. On the effective date of the Amendments, the City Clerk is authorized and directed to file copies of the Amendments with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Crystal, Minnesota this day of , 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk DJK-215243v1 CR205-5 ► 9Ot Petition Guide Disclaimer: The information and suggestions within this guide should not be construed as legal advice on the matter of petitions. The guide is intended to clarify and assist with the processes associated with petitions in the city. In all matters, consult the City Charter, MN State Statutes, and an attorney. The Crystal City Charter states that the people of the city reserve to themselves the power, in accordance with the provisions of the charter (a) to initiate and adopt an ordinance and (b) to require ordinances enacted by the City Council to be referred to the voters of the city for approval. These powers are the initiative and referendum, respectively. (However, this provision does NOT apply to appropriating money or authorizing the levy of taxes.) Section 5.01 Crystal City Charter A committee, of five members, contacts the city clerk to obtain the proper forms regarding petitions. Initiative Petition: Prior to the circulation of a petition, a committee files 1) a certified copy of the initiated ordinance together with 2) a list of the committee members and their corresponding contact information to the city clerk on the forms obtained from the city clerk. Referendum Petition: Prior to the effective date of an ordinance approved by the City Council and prior to the circulation of a petition, the committee files a copy of 1) the ordinance to be repealed together with 2) a list of the committee members and their corresponding contact information to the city clerk on forms provided by the city clerk. The petition forms are provided by the city clerk and must be signed by eligible voters equal to at least five percent of the number of registered voters in the city on the date of the regular city election immediately preceding the filing of the petition. The Secretary of State's office or city clerk can provide you with this information. Petitions (an electronic version is available and recommended) ® Number each signature line • Number each petition page (example 1 of 20, 2 of 20, and so on) ® Each line must be legible and complete The Secretary of State's office answers these questions 1. Is it a requirement for the person signing to put down their complete middle name? Answer: The SOS office does not require a complete middle name. 2. Is it acceptable to use ditto marks under residence address, city, or county on the petition? Answer: Ditto marks are not specifically covered in the Petition Rules, The SOS office does not allow ditto marks to substitute for the actual signature or the person's name. However, if ditto marks are used in other parts of the petition, it is acceptable as long as it is clear to what information the ditto marks are referring. 3. If the year of birth portion of the petition is left blank, is this an acceptable signature to be counted? Answer: The SOS office rejects signatures that do not list the year of birth because the signature is incomplete and may be difficult to establish eligibility of the person signing said petition. • , • The signature papers and the petition are filed as one instrument with the city clerk. The city clerk will then verify each voter's signature using the State Voter Registration System (SVRS) and Hennepin County Property Record System. No later than 10 days after the filing of the petition with the city clerk, he/she will examine and determine if the petition is deficient and/or does not comply with the City Charter and promptly notify one or more of the members of the committee with the determination of non-compliance and the reasons for it. During the 30 days following the clerk's notice, the committee may file additional signature papers or otherwise amend the petition to comply with the City Charter, upon forms provided by the city clerk. The city clerk will examine the amended petition and signature papers. If the petition is still deficient and/or does not comply with the City Charter, the city clerk will notify each member of the committee of the non-compliance. If the petition is in compliance with the City Charter, the city clerk must certify that fact together with the petition to the City Council at its next regular meeting or at a special meeting called to consider the petition. The City Council must consider the ordinance at the meeting and provide for a prompt public hearing on the ordinance. The City Council must act on the ordinance as prescribed in the City Charter within 65 days after certification of the petition by the city clerk. If the Council does not enact on the ordinance, the ordinance must be submitted to the voters at the next regular city election. A special election may also result if all requirements of Section 5.06 are met. If a Referendum Petition is in compliance with the City Charter, the City Council must at its next regular meeting either repeal the ordinance or re -affirm the ordinance as enacted. If the City Council reaffirms the ordinance, it may order a special election on the ordinance or submit the ordinance to the voters at the next regular municipal election. City Clerk's Office is open Monday through Friday from 8:00 a.m. until 4:30 p.m. at Crystal City Hall located at 4141 Douglas Drive. 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ON LU O C7 rlj 4- 0 r -i aj W ro CL O 4T Ci Qi O Ln E E 0 (A CL •to cu .r- > > M > 0 CL .0 c CL M m m a) C .6-a 0 M 0 4- a > 0 CL w m 0 0 w to .2 w C 4- 0a 0 .— tw 46 W 0 E u 0 0 m 0 Ln CL CL 4aQ. 0 0 tw 0 4- 4-J Ln u C r o m -W 0 CU Vf CL - r 0 C :P 0 7 4- CA, 4- L- 0 W in >% +a CL -W 4, 0) 0 1 = — - . 0 0 > u cL m w E mw 0 CL bD r — 0 m R E -42a 4.0 C r a) 'R CL r- 0 4- N 4- 0 to D 0 u ui ui cc ui LU LUw 5; U Co ui D a z Ln w ui Ln cc D 0 ui LL N CL >j < cc ct ui -i U LL 0 Cc CO ui cc M uj LL. 0 Ln N 4- 0 to REGULAR AGENDA #11 DATE: July 26, 2010 TO: Mayor and City Council FROM: Anne Norris, City Manager Kimberly Therres, Assistant City Manager/Human Resources Manager RE: 2010 Contract with Law Enforcement Labor Service (Local #44) - Police Officers To request City Council approval of the 2010 Law Enforcement Labor Service (Local #44) Police Officers Labor Agreement. The following are the proposed changes in the 2010 contract: 1. Duration: 1 year, 2010. 2. Wages: 0% increase for 2010 3. Insurance: (Employer Contribution) 701 A rPi-nnInVPr Cnntrihntinnl- 4. holidays Language change: Add language to include the date of when the holiday occurs. Article 26 - Holidays All police personnel covered under this contract scheduled to work on the following holidays: New Year's Day — January 1 Martin,Luther King, Jr. Day — third Monday in January - President's Day — third Monday in February Memorial Day — last Monday in May Independence Day — July 4 Labor Day — first Monday in September Veteran's Day — November 11 Thanksgiving Day — fourth Thursday in November Christmas Day — December 25 2009 Employer 2010 Premium — 2010 Premium 2010 2010 Contribution health Partners health Partners Premium Employer High Option Distinctions III HSA Contribution Single $537.18 $666.76 $621.16 $466.66 $621.16 Employee + Spouse $770.00 $1,418.74 $1,325.16 $995.26 $910.38 Employee + $770.00 $1,344.22 $1,251.94 $940.26 $910.38 Child(ren) Family $950.00 $1,755.50 $1,635.02 $1,227.901 $1,118.57 4. holidays Language change: Add language to include the date of when the holiday occurs. Article 26 - Holidays All police personnel covered under this contract scheduled to work on the following holidays: New Year's Day — January 1 Martin,Luther King, Jr. Day — third Monday in January - President's Day — third Monday in February Memorial Day — last Monday in May Independence Day — July 4 Labor Day — first Monday in September Veteran's Day — November 11 Thanksgiving Day — fourth Thursday in November Christmas Day — December 25 shall be compensated at one and one-half (1-1/2) times for all hours worked on those days. All police personnel covered under this contract shall have twelve (12) holidays each year. Twelve (12) holidays are figured into the schedule to fulfill the 2,080 hours requirement for the year except for those officers on a five/two work schedule. The balance of the holidays are: Thanksgiving Friday, and Two (2) personal holidays With approval from the Employer, Employees required to work on the following holidays: New Year's Day — Januar Martin Luther King, Jr. Day — third Monday in January President's Day- third Monday in February Memorial Day- last Monday in May Independence Day — July 4 Labor Day- first Monday in September Veteran's Day- November 11 Thanksgiving Day- fourth Thursday in November Christmas Day — December 25 will be eligible to convert their holiday pay to compensatory time. FINANCIAL IMPLICATI®NS The 2010 adopted Budget includes sufficient funds for the proposed benefit settlement. The settlement is consistent with the wage and benefit adjustment for the Local 49 (Public Works), Local 56 (Police Supervisors) and non -represented employees. COUNCIL ACTION REO VESTED Motion approving the 2010 proposed contract with Law Enforcement Labor Service (Local #44) and ,.._._. .--......authorizing the Mayor.and City Manager to sign the,_contract_ori.behaif of the,City.,_,_,__ _.. 110alDi`.�7€J \� Effective January 1, 2010 through December 31, 2010 Article 1 Purpose of Agreement..........................................................1 Article2 Recognition..........................................................................1 Article3 Definitions........................................................................... 1 Article 4 Employer Security 2 Article 5 Employer Authority.............................................................2 Article6 Union Security.................................................................... 3 Article 7 Employee Rights -Grievance Procedures ............................. 3 Article 8 Savings Clause.................................................................... 6 Article9 Seniority.............................................................................. 6 Article10 Discipline............................................................................ 7 Article 11 Constitutional Protection.................................................... 8 Article 12 Work Schedules.................................................................. 8 Article13 Overtime..............................................................................8 Article 14 Compensatory Time.............................................................9 Article15 Court Time...........................................................................9 Article 16 Call Back Time.................................................................... Article 17 Working Out Of Classification..........................................10 Article 18 Insurance............................................................................10 Article 19 Standby Pay........................................................................11 Article20 Uniforms............................................................................11 Article 21 Injury On Duty...................................................................11 Article 22 Longevity And Educational Incentive................................12 Article 23 Severance Pay....................................................................13 Article24 Sick Leave..........................................................................13 Article 25 Vacation Schedule.............................................................13 Article26 Holidays.............................................................................14 Article27 Tuition................................................................................14 Article28 Wage Rates........................................................................15 Article29 Waiver................................................................................15 Article30Duration .............................................................................16 0 LABOR AGREEMENT BETWEEN THE CITY OF CRYSTAL AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL., #44) This AGREEMENT is entered into between the City of Crystal, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services Inc., hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and, 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 2.1 The EMPLOYER. recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179A.03, Subdivision 14, for all police persomzel in the following job classifications: Police Officer (Patrol Officer) 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 - DEFINITIONS 3.1 UNION: Law Enforcement Labor Services (Local #44). 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Crystal Police Department. 3.5 EMPLOYER: The City of Crystal. 3.6 CHIEF: The Chief of the City of Crystal Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services Inc., Local 44. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/ DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the EMPLOYEE'S scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty; the willful absence from one's position; the stoppage of work, slow -down or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment: The UNION agrees that during the life of this Agreement that the UNION will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 2 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction, in writing, an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall snake space available on the employee bulletin board for posting UNION notice(s) and amiouncement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as -to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure Grievances, as defined by Section 7. 1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance, not resolved in Step 1 and appealed to Step 2, shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is ata optional and voluntary part of the grievance resolution -- process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is involved, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation. Either party may at airy time opt out of mediation at which tune, the Union may then proceed to arbitration. The grievance mediation process shall be informal. At the request of both parties, the mediator may issue all oral recommendation for settlement. Unless the parties agree otherwise, the outcome shall not be precedential. 4. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other'issue not so submitted: B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in arty way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally: 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedy If, as a result of the written EMPLOYER response in Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Personnel Rules & Regulations, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. ARTICLE 8 - SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Crystal. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be discussed at the written request of either party. ARTICLE 9 - SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job -relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. ARTICLE 10 - DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual persomiel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION represents ive present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under Article 7. 7 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 12.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; C) assigned training; and d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 13 - OVERTIME 13.1 Employees will be compensated atone and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Article 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation -to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. An employee may earn compensatory time off at the rate of one and one-half (1-1/2) times in lieu of paid overtime under Article 13.1. An employee may accrue up to a maximum of 48 hours of compensatory time. Employees will be able to cash out banked comp time once per calendar year by requesting to do so no later than December 1 of each year. The use of compensatory time shall be in accordance with current vacation practices. The City will allow carry over of a maximum of 48 hours compensatory time from year-to-year. ARTICLE 15 - COURT TIME 15.1 If an employee receives notification of trial, the employee will be on standby unless the trial has been cancelled or the employee is notified that a court appearance is required. Unless otherwise specified, standby will begin at 12:00 p.m. and automatically terminate at 2:00 p.m. if the employee does not receive further notification. Standby will be compensated at a rate of one hour of pay for each hour of standby, with a two-hour minimum. 15.2 If the trial is cancelled or postponed within 24 hours prior to the start of the standby period, the employee will receive two hours of standby pay. 15.3 When notification of a required court appearance is received prior to the standby period, the employee will be compensated for court time as described in section 15.4 and standby will not apply. If an employee's standby period begins and the employee is subsequently required to make a court appearance, the employee will receive pay for actual time on standby and court time. Standby ceases at the time the employee is notified that a court appearance is required. 15.4 Effective on the first day of the first pay period following Crystal City Council approval, an employee who is required to appear in Court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. ARTICLE 16 - CALL BACK TIME An employee who is called to duty during their scheduled off-duty time shall receive a minimwn of two (2) hours pay at one and one=half (14/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE 17 - WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. 18.1 Effective January 1, 2010, the Employer will contribute up to a rmaxirmwn of $1,118.57 per month for family (employee plus spouse and children) health insurance coverage. Effective January 1, 2010, the Employer will contribute up to a maximum of $910.38 per month for employee plus spouse health insurance coverage or employee plus children health insurance coverage. Effective January 1, 2010, the EMPLOYER will contribute up to a maximum of $ 621.16 per month for single health insurance coverage. For Employees choosing single health insurance coverage, the Employer will contribute an additional twenty-two dollars ($22.00) per month toward the cost of dental insurance. The Employer will contribute the cost of $20,000 life insurance for each eligible employee. 18.2 An employee who is covered elsewhere may waive coverage under the City's health insurance plan. Employees so choosing will be eligible for $50 per month in lieu of coverage. To be eligible, the Employee must provide proof of health insurance. 18.3 Additional life insurance can be purchased by the employees at the employee's expense to the extent allowed under the employer's group policy. 18.4 Employees may elect to participate in the employee flexible benefit account. 18.5 All EMPLOYEES who retire after January 1, 1999, and before January 1, 2003, shall have the option of retaining membership in the City of Crystal group health insurance plan for which the City will pay the same single health insurance contribution as stated in Article 18 for active employees until such time as the retiree is eligible for Medicare coverage, or age 65. Further, if the retiree desires to continue family coverage, the additional cost for family coverage shall be paid monthly by the retiree to the City of Crystal. 10 18.6 Effective Januaiy 1, 2003, all employees shall be eligible for a Retirement Health Savings Account (the "Plan"). The Employer shall contribute: $50 per month per employee - For employees hired prior to December 31, 2002, a one-time lump sum contribution of the present value of funds set aside for each employee for previous retiree msurance program. Employee contributions to the Plan include: - Employees who maintain a minimum balance of 120 hours in their sick leave banks shall contribute 36 hours per year. Or - Employees who maintain a minimurn balance of 960 hours in their sick leave banks shall contribute 60 hours per year. - Employees will contribute 100% of their severance pay to their Retirement Health Savings Account. Retired employees shall have the option of retaining membership in the City of Crystal's group health insurance plan for which the employee shall be responsible for payment of the premiums. Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one (1) hour's pay for each hour on standby. The EMPLOYER shall provide required urdform and equipment items. The EMPLOYER will provide any required plainclothes dress. Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER, will be paid the difference between the EMPLOYEE'S regular pay and Workers' Compensation insurance payments for a period not to ` -- exceed ninety (90) working days per injury, not charged to the EMPLOYEE'S vacation, sick leave or other accumulated paid benefits, after a five (5) working day initial waiting period per injury. The five (5) working day waiting period shall be charged to the EMPLOYEE'S sick leave account less Workers' Compensation insurance payments. 11 AR'T'ICLE 22 - LONGEVITY AND EDUCATIONAL INCENTIVE 22.1 After four (4) years of continuous employment, each EMPLOYEE shall choose to be paid three percent (3%) of the EMPLOYEE'S base rate or supplementary pay based on educational credits as outlined in 22.6 of this Article. 22.2 After eight (8) years of continuous employment, each EMPLOYEE shall choose to be paid supplementary pay of five percent (5%) of the EMPLOYEE'S base rate or supplementary pay based on educational credits as outlined in 22.6 of this Article. 22.3 After twelve (12) years of continuous employment, each EMPLOYEE shall choose to be paid supplementary pay of seven percent (7%) of the EMPLOYEE'S base rate or supplementary pay based on educational credits as outline in 22.6 of this Article. 22.4 After sixteen (16) years of continuous employment, each EMPLOYEE shall choose to be paid supplementary pay of nine percent (9%) of the EMPLOYEE'S base rate or supplementary pay based on educational credits as outline in 22.6 of this Article. 22.5 EMPLOYEES may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 22.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Education Credits Stated in Percentage Pay Terns of College Quarter Credits Increment 45-89 3% 90-134 5% 135-179 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automatically 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The EMPLOYER shall determine which courses are job-related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78 -PN -370=A. _. 22.7 Employees hired after March 31, 1986, shall not be eligible for educational incentive pay as outlined in 22.6 of this Article. 12 Employees terminating their employment with the City after December 31, 1982 with ten (10) years or more of continuous service, except employees who are discharged for cause, will be paid forty (40%) of the employee's accumulated sick leave to a maximum cap of 960 hours. Employees who have accumulated more than 960 hours of sick leave at the date as of June 4, 1991 will be capped at their existing amount, however, if such employee uses and falls below the existing amount, their cap will be adjusted to that maximum amount or 960 hours, whichever is greater. Once an employee originally capped at a higher rate falls below 960 hours, their maximum cap will be 960 hours. ARTICLE 24 - SICK LEAVE All full-time employees in the classified service will accrue eight (8) hours sick leave per month at the rate of three point six seven eight (3.678) hours per pay period, with the exception that no accrued sick leave can be used during the first six (6) months period. Sick leave may be granted only for the absence from duty because of illness, doctor's appointments, legal quarantine, or death or serious illness in the immediate family. Employees claiming sick leave may be required to provide evidence in the form of a certificate from the attending physician or otherwise, of the adequacy of the reason for an employee's absence during the time for which sick leave is granted. EMPLOYEE, or a person designated by the EMPLOYEE, is expected to notify their supervisor before beginning of shift on each day of their absence by reason of illness or accident. Failure to notify the City of Crystal as outlined above maybe cause for disciplinary action. All full-time employees will accrue vacation based on the following schedule: 0 thru 5 completed years of service After 5 years of completed years of service thru 10 completed years of service. Starting on year 11 and each additional year following -- 12 days earned per year -- 17 days earned per year -- 1 additional day earned per year not to exceed 24 days. (Years of service is based upon each employees' aruuversary of hire date.) No accrued vacation may be taken during the first six (6) months probationary period. Additional earned vacation time may be accumulated and carried over to the following year. Such accumulation including the current vacation earned, from year to year may not exceed a total accumulation equal to 240 hours, unless the exception is approved, in writing, by the City Manager. 13 L � 1 All police personnel covered under this contract scheduled to work on the following holidays: New Year's Day — January 1 Martin Luther King, Jr. Day — third Monday in January President's Day — third Monday in February Memorial Day — last Monday in May Independence Day — July 4 Labor Day — first Monday in September Veteran's Day — November 11 Thanksgiving Day — fourth Thursday in November Christmas Day — December 25 shall be compensated at one and one-half (1-1/2) times for all hours worked on those days. All police personnel covered under this contract shall have twelve (12) holidays each year. Twelve (12) holidays are figured into the schedule to fulfill the 2,080 hours requirement for the year except for those officers on a five/two work schedule. The balance of the holidays are: Thanksgiving Friday, and Two (2) personal holidays With approval from the Employer, Employees required to work on the following holidays: New Year's Day — January 1 Martin Luther King, Jr. Day — third Monday in January President's Day- third Monday in February Memorial Day- last Monday in May Independence Day — July 4 Labor Day- first Monday in September Veteran's Day- November 11 Thanksgiving Day- fourth Thursday in November Christmas Day — December 25 will be eligible to convert their holiday pay to compensatory time. A police officer will receive reimbursement of tuition and book costs from the City of Crystal if he or she is eligible for: Reimbursement of 60% of tuition and books for a "C" or better grade in a job affiliated course. 14 ARTICLE 28 - WAGE RATES Wage Rates: 01/01/10 Monthly Patrol Officer Base Wage Start $3,476.34 After Six (6) Months $3,742.17 After One (1) Year $4,279.07 After Two (2) Years $4,809.07 After 36 Months of $5,344.66 Continuous Employment Field Training Officer (FTO): Employees assigned by the employer as Field Training Officers will be paid an additional $1.30 per hour above their base wage for all hours worked as FTO. Investigator (Detective): Employees assigned by the employer to the investigation assigmnent will receive $275.00 per month or pro -rated for less than a month and is included in the base wage. Officer -In -Charge (OIC): Employees assigned by the employer to work as Officer -In -Charge will receive an additional $2.08 per -hour above their base wage for all hours worked as OIC: The assignment of OIC duty shall be done by seniority. Part-time Licensed Employees: Part-time licensed employees who are members of the bargaining unit will be paid a wage rate according to the labor agreement and will be eligible for fringe benefits as set by the employer. POST License: The Employer will pay up to $90 every three years toward the cost of maintaining the officer's POST (Peace Officer Standards and Training) License. ARTICLE 29 - WAIVER 30.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement are hereby superseded. 30.2 The Parties mutually acknowledge that during the negotiations which resulted in this. Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law fiorn bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The 15 EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terns and conditions of employment referred to or covered in this Agreement or with respect to any tern or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was discussed or executed. This Agreement shall be effective as of January 1, 2010, except as herein noted, and shall remain in full force and effect until the thirty-first (31 st) day of December, 2010. In witness whereof, the parties hereto have executed this Agreement on this _ day of , 2010. ReNae J. Bowman, Mayor Anne Norris, City Manager Kimberly J. Therres, Assistant City Manager FOR LAW ENFORCEMENTLABOR SERVICES,O.i Aff 44-"- Adam :' - 4Business •N ent Jason No Nolan, Steward essica Donahue, Steward 16 REGULAR AGENDA #12 ... .. . ..... ti COUNCIL STAFF REPORT Special Meeting needed to canvass the Municipal General Election results �ROM: Janet Lewis, City Clerk J74 TO: Mayor & Council (for Regular Meeting on August 2, 2010 DATE: July 23, 2010 SUBJECT: Meeting date for canvassing Municipal Election results The City Council is required to. canvass the vote and declare the results of the Municipal General Election for the offices of: ® Council Member Section 11 ® Council Member Ward 1 ® Council Member Ward 2 E3 Council Member Ward 4 Due to recent election law changes, the Council can no longer canvass the results/returns from the General Election one or two days after November 2. MS §204C.33, subd. 1; 205.185, subd. 3 requires cities (that hold primary elections) to pick a day between the 3rd and 10th day following a General Election. Please note that at this time, the Council has a work session date set for November 10 (Wednesday). Council Action Requested Select a date and time for a special meeting to canvass the election results/returns from the November 2, 2010 Municipal General Election. GACity Clerk\Elections\Canvassing\2008\CounciI Report Form Canvass Meeting date.doc n v MADE IN USA SUN ............. MON. .._-----. TUES WED.THURS. FRI RSAT. i { DayI e r,)O.Y l 5 = Day .' .[o� aaY.. �+�(b r 8 � Dat q�%Dca I yI I Govn c L .SESS)�ow t { _1.1_:.. _..._. _.12 ! 1136. . n v MADE IN USA Q c w ca v3 clilu Cq en, p O. , cc. An M ' �.. Cl p N" C11N.N O �p o O vc 4-a ° -0 . 0 ' ° o o �. ani .� y (D. kn Ucd 0 0 ° 4-4 -d cl ° o "ts p � '4-4 � �. o O I p o N 0-� O cG . p N ''� ;O :14 0 En (4Z; U G+O o o bA ctt o ap C +�cn .. En W 4- U 4 cd Car n U co y+ O U rR+t N �" y R�Sf . O U M .7y U p .0 j vi �7 cG 04; it Cl ': > 'C% � yp p -i r� N cll ci r a N'.. co ".11 N : in ,oi cu 14 ° o r' ° �' v � o .� '� °� R" ° v �- .� o ° . .° co o Cq U � ° ° U W U an 4a ." U, O .. cli -. c C Q cu N w z z z _ o o cli � 0 0 - Q m p (U Q. n o o Z CO Z Z ca m Cd d Approved 2010 Crystal City Council Meetn Schedule Regular Meetings and Work Sessions (Amended 7/22/10) Tuesday January Regular Meeting Thursday January 14 Work Session, if necessary Tuesday January 19 Regular Meeting Thursday February YI Work Session, if necessary Tuesday February 16 Regular Meeting Tuesday March Regular Meeting Thursday March 11 Work Session, ifnecessary Tuesday K8anoh 18 Regular Meeting Tuesday April Regular Meeting Thursday April 15 Work Session, if necessary Tuesday April 20 Regular Meeting Tuesday May Regular Meeting Thursday May 13 Work Session, if necessary Tuesday May 18 Regular Meeting Tuesday June Regular Meeting Tuesday June 15 Regular Meeting Tuesday July Regular Meeting Tuesday July 20 Regular Meeting Thursdav Auoust i'2 Work Session (budget work Tuesday August 17 Regular Meeting Thursday August 19 Work Session (budget work sessions) Thursday August 26 Work Session (budget work sessions) September 7 RegularTuesday sa Tuesday September 21 RegularMeeting Tuesday October Regular Meeting Thursday Octobor14 Work Session, if necessary Tuesday October 19 Regular Meeting Weal n -d Wbitk:Sess -0 Tuesday November 16 Regular Meeting Tuesday December Regular Meeting Thursday December Work Session, ifnecessary Tuesday December 21 Regular Meeting Watch a Council or EDA Meeting by visiting the City's website at www. ci. crystal. m n. us; click on e -Services. Meetings are also re-broadcastat6:30 P.M. each Sunday on Channel 16 with Northwest Community Television. G tCityoerk%Counalkast meeting year\2010Mtg detes.doc ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • - SESSION e MONDAY, AUGUST 2,2010 IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING CRYSTAL HALL CONFERENCE ROOM 1. 1. Call to order 2. Roll call 3. Redevelopment activity update 4. Other business 5. Adjournment 07/29/10 GAEDA\Agendas\2010\08.02 ws.doc CRYSTAL CITY COUNCIL SECOND WORK SESSION WORKING AGENDA Monday, August 2, 2010 Immediately after the EDA Work Session 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 - Monday, August 2, 2010 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. 1. Attendance Council members Staff Bowman J. Moore Selton Anderson L. Moore Hoffmann Norris Therres Banick Norton Mathisen Peters Hansen Lewis 11. Agenda The purpose of the work session is to discuss the following agenda items: 1. Public Works Facility 2. Changes in state law regarding tattoo and body art licenses 111. Adjournment The Work Session adjourned at GACity ClerkNCoundl\Work sessions\wsagenda8.02.1 O.second.doc M DATE: June 14, 2010 TO: Mayor and City Council FROM: Anne Norris, City Manager Tom Mathisen, Public Works Director Charlie Hansen, Finance Director Patrick Peters, Community Development Director Kim Therres, Assistant City Manager RE: Status of Public Works Building Architectural Study In 2008, the City Council approved hiring a consultant to evaluate replacement or renovation of the existing Public Works facility (the main parks and streets building was constructed in 1965). The consultant, Oertel Architects, determined the majority of the existing Public Works facility is obsolete, inefficient and too costly to renovate. After it was determined the existing facility needs replacing, the consultant determined the ideal site size for a new facility is 6 acres. The existing site is approximately 3 acres, all of which is in the flood plain (Special Flood Hazard Area, Zone AE). Approximately 2.83 acres of the existing site is occupied by buildings and parking; the balance consists of a portion of Gaulke Pond. Because of these constraints, the consultant originally recommended against the current site. Since that time, the consultant has been put on hold, and no further work has been completed. In considering other possible sites around the community, none of the sites examined are large enough, have workable configurations or are located where a public works facility would be an appropriate land use or an appropriate fit with adjacent uses. Based on site availability and financial considerations, staff has revisited the possibility of utilizing the existing site with the addition of adjacent parcels (approximately 2 acres) to create a larger, more workable site. In addition to the need to expand the existing site, the issue of much of the current site being in the flood plain must be resolved since the portion of the property in the flood plain cannot be used for any permanent structures. However, vehicle parking is a permitted use within the flood plain. It may be possible to have the flood plain elevation changed so that more of the site can be used for structures. To have the flood plain elevation changed requires completion of a study of the flood plain, including models for rainfall and runoff. This study will take approximately six months and cost approximately $50,000. Since this determination could affect other property in the flood plain in the city, it is recommended the funds for this study come from the storm sewer utility fund. Even when considering study costs and property acquisition costs, preliminary accounting indicates that the existing site is the least expensive option and is the more centrally located of the sites studied, to date. Planning for construction of a public works facility needs to start now so that the project is ready for construction in 2014. That is the last year that a tax levy will be collected for the repayment of the CR 81 loan/bonds. Selling bonds -for the construction of a public works facility in 2014 will mean that the first tax levy for the repayment of the bonds will be collected in 2015. This will keep the tax burden relatively flat. It also is anticipated a portion of the costs would come from the Building Replacement Fund. --JIT'::] N m N t� ❑ p I m } X to Iq _i I I / BBD o �_ ,ice ( � � ( � .--•-----..._ rn •�._"" . m • m x m X �5 m y RX l iii^��- = �irfi%'�/• l / -.� % r r-' I, ^�'�"" _ BB5 �( f " i67V, �--1 BBD N I X °O � m I CJS Ds __--n X I \ ♦ `\ - x I '+ - i Ot \. ® m m X x x n m n x m n � x 'o b x x n � � h I m I •` X /---------- Opp m / m X m X X i hos' • !, fir°... COUNCIL STAFF REPORT C My .1; F Proposed Repeal of Various Sections of City Code 71 ItRYSTAL I', C_ A FROM: Patrick A. Peters, Community Development DirectorA TO: Anne Norris, City Manager (for August 2, 2010 Council Work Session) DATE: July 26, 2010 RE: Repeal of City Code sections relating to tattoo, body piercing and body painting establishments; food handling and vending; regulation of lodging establishments; public swimming pools; trailer camps and mobile home parks; auto junk yards; and dumps F. -T -Mel rifeT-.T61U 3T, ED During this last session, the governor signed a new law granting authority to the MN Department of Health to regulate all tattooing, piercing and body art establishments and practitioners statewide effective January 1, 2011. While the law does not preclude cities from having a local ordinance governing such establishments, local ordinances must be at least as restrictive as the state code, and operators would need to seek an exemption from state regulation. As a result of the state's new authority in this area, staff is recommending that the local ordinance governing tattoo/body art establishments be repealed, thereby relegating all regulatory authority to the MN Department of Health. Staff is recommending this action in consideration of the limited resources the city has available to devote to regulating such establishments, the limited revenue derived from the city's licensing -related activities, and the expertise and staffing available at the MN Department of Health to address the health-related issues related to the operation of such establishments. This latest assumption of authority by the state is similar to the action taken to reclaim authority from the city to regulate food establishments and other establishments previously licensed by the city. You will recall that on January 1, 2007, the Minnesota Department of Agriculture terminated its delegation agreement with the city and assumed all licensing and inspection responsibilities associated with grocery stores, lodging establishments and public swimming pools. Subsequently, the Minnesota Department of Health terminated its delegation agreement with the city on January 1, 2009, and assumed all responsibilities associated with the inspection and licensing of restaurants in Crystal. With these and other regulatory changes, there now are several sections of the city code that are outdated in that they regulate the licensing and/or operation of activities or establishments that are no longer under the city's jurisdiction. There also are sections of the code that regulate uses that no longer are permitted in the city's zoning ordinance. For example, 'the city code still contains sections that regulate trailer camps, mobile home parks, auto junk yards, and dumps, even though the zoning ordinance prohibits such uses. Staff would like to take this opportunity to bring forward an ordinance for Council consideration that repeals these sections, as well. Excerpts from the sections recommended for repeal are attached for reference. If there are no objections from the City Council at the August 2 work session, staff will proceed with preparation of the necessary code amendments. Section 610 - Food handling and vending 610.01. Code adopted by reference. Hennepin county ordinance no. 3, the food protection ordinance for Hennepin county, is adopted by reference and is a part of this code, except: a) section II, scope; b) section IV, license and administration; c) section V, administration and inspection, subdivision 1; and d) section VI, food sources and supplies, subdivision 1. References in ordinance no. 3 to "county", "county board", or "health authority" refer to the city of Crystal, its city council, and city health authority. Minnesota Rules, chapter 4626, as amended, is adopted by reference and is a part of this code. (Amended, Ord. 2007-03, Sec. 1) 610.03. Licenses. Subdivision 1. Licenses required. It is unlawful to operate a food establishment or engage in the business of operating any of the following types of enterprises in the city unless a license for the current year of the applicable type listed below is obtained from the clerk: a) bakery food vehicle b) catering food vehicle c) food establishment d) itinerant food establishment e) readily -perishable food vehicle f) vending machine vendor g) special food handling Subd. 2. Exemption from second license. When the business consists only of a bakery food vehicle, catering food vehicle, itinerant food establishment, readily -perishable food vehicle, or vending machine, a food establishment license is not required. Subd. 3. Readily -perishable food vehicle fleet license. When more than five readily -perishable food vehicles are operated by the same person in the same business in the city, a fleet license in lieu of a separate license for each vehicle may be granted. If the fleet license is suspended or revoked, the suspension or revocation will apply to every vehicle licensed thereunder. Subd. 4. Special food handling license. When the only food sold or offered for sale in a food establishment is wrapped or packaged candy or bottled or canned soft drinks, a food establishment license is not required; however, a special food handling license is required. Subd. 5. Display of license. The license must be conspicuously displayed at all times in licensed food establishments. Food vehicles must be identified with a decal, license plate or other means supplied by the clerk and displayed in a conspicuous place thereon designated by the clerk. 610.05. Fee exemptions, license required. Food service in or operated by (i) governmental subdivision, (ii) charitable institutions, (iii) houses of worship, (iv) child-care homes, (v) schools, (vi) charitable and non-profit hospitals, (vii) itinerant food establishments operated by a social or service agency and (viii) employee coffee rooms must be licensed and are subject to all requirements of this ordinance, but are not charged a fee for the license. 610.07. Fee. Fees for licenses are set by appendix IV. 610.09. Administration. Application for a license is made on forms furnished by the clerk and must set forth the general nature of the business, the location of the business, and such other information as the clerk may require. 610.11. Temporary suspension of license. Subdivision 1. Public health hazard. The health authority with the approval of the city manager must immediately suspend the license of a food establishment for the violation of any terms of this section if the violation constitutes an imminent public health hazard. Upon notification by the health authority of a temporary suspension of license, the licensee must forthwith cease operation. Subd. 2. Appeal. The licensee may appeal the temporary suspension in writing to the city council._ Subd. 3. Corrections. Upon notification in writing by the licensee to the health authority that all violations have been corrected for which temporary suspension was invoked, the health authority will reinspect the food establishment within a reasonable period of time. If violations constituting the grounds for the temporary suspension have been corrected, the health authority will immediately terminate the suspension. Subd. 4. Embargo. The health authority and the city manager may not suspend a license if the violation or violations which constitute an imminent public health hazard can be eliminated or removed by embargo or condemnation. 610.13. Transport or sale, noise prohibited. No person licensed under this section may call attention to the licensed business or to goods, wares or merchandise, by crying them out, by blowing a horn or by any loud or unusual noise. 610.15. Food sources. Food in a food establishment must be clean, wholesome, free from spoilage, adulteration, and misbranding, and must be prepared, processed, handled, packaged, transported and stored so as to be protected from contamination and spoilage and must be safe for human consumption. No home -prepared foods will be kept or used in a food establishment except that home -prepared foods other than readily -perishable foods may be kept or used in schools and houses of worship. Food received or used in a food establishment must be from sources approved by the health authority. 610.17. Vending machines. Subdivision 1. Vending machines licensed under this section must be constructed and maintained as provided in this section: a) Each machine will be filled only with wholesome ingredients which have been manufactured and packaged under sanitary conditions and transported to the machine in sanitary containers or vehicles. b) The owner or operator of a vending machine, whenever requested, will make provisions for the health authority to have access, either in company with an employee or otherwise, to the interior of all vending machines operated by the owner or operator. c) The licensee must keep and maintain each vending machine in a clean, wholesome and sanitary condition at all times. d) Each machine must be so designed as to protect against infestation of insects, vermin, rodents, and to protect against the entrance of dust, dirt, rain, overhead leakage, or other sources of contamination, and must be so constructed and operated as not to create a rodent harborage. The machine location must be such as to minimize the potential for contamination of the food, must be well lighted, easily cleanable, and the surroundings must be so maintained as not to create an unsanitary or unsightly condition. e) Each machine must be so designed that it may be readily cleaned. The walls, floors, ceiling, covers, lids and other physical features must be of such construction as to withstand repeated cleaning. f) Interior surfaces and component parts of the vending machine must be so designed and constructed as to be readily cleaned in place or removable for cleaning operations, and must be kept clean. All food contact surfaces of the machine must be smooth, non-toxic in themselves or in combination with food, .-.-...Corrosion resistant, and relatively non-absorbent material. -and -must -be capable -of withstanding repeated . cleaning and sanitizing by normal procedures. g) Each vending machine must be so constructed that it may be opened and all parts thereof made available for inspection purposes by the health authority. h) Each vending machine that vends a cup to receive food from such machine must have the dispensing opening protected from dust and insect infestation by means of a manual or mechanical opening device. i) The temperature of all vending machines that dispense perishable unfrozen food must be maintained at a temperature of 40 degrees F., or below, or 150 degrees F., or above, whichever is applicable. Where frozen food is being vended, the temperature must be maintained at 5 degrees F., or below at all times; provided that exceptions may be made for (a) the actual time required to load or otherwise service the machine and for a maximum recovery period of 30 minutes following completion of loading or servicing operation; and (b) in the case of hot food vending machines, a maximum of 120 minutes to heat food through the 40 degrees F. to 150 degrees F. temperature zone. In hot food vending machines which are not equipped with refrigerated storage, there may be no time delay to preclude heat from being applied to the perishable food immediately after it is loaded or placed in the machine. Perishable food once heated to, or held at, a temperature of 150 degrees F. or above will be maintained at such temperature until served or discarded. j) Vending machines dispensing perishable food may be provided with adequate refrigeration or heating units, or both, and thermostatic controls which ensure the maintenance of applicable temperatures at all times. The vending machines may also have controls which prevent the machine from vending perishable food until serviced by the operator, in the event of power failure or other condition which results in non compliance with temperature requirements in the food storage compartment. Hot food vending machines designed to heat food through the 40 degrees F. to 150 degrees F. temperature range may also be equipped with automatic controls which render the machine incapable of vending perishable food until serviced by the operator in the event that heating through this temperature range is not accomplished in 120 minutes or less. Subd. 2. Compliance; removal. Perishable food which has failed to conform to the time -temperature requirements of this section must be removed from the vending machine and not made available for sale unless inspected and approved by the health authority as safe for human consumption. Vending machines dispensing perishable food may be provided with one or more thermometers which, to an accuracy of plus or minus 2 degrees F., indicates the air temperature of the wannest part of the refrigerated food storage compartment, or the coldest part of the heated food storage compartment, whichever is applicable. Subd. 3. Water supply. Water used in vending machines must be drawn from a safe water supply. Vending machines must be so designed, constructed, installed and operated as to prevent the production of toxic substances in the water or the back -siphonage of liquids or gases into the supply line. Subd. 4. Identification. A vending machine must have posted thereon a label or sign stating the name, address and telephone number of the person responsible for its operation. Section 615 - Regulation of lodging establishments 615.01. Minnesota department of health rules adopted as law. Subdivision 1. Subject to any specific modifications hereinafter set forth, the city hereby adopts by reference Minnesota Rules, chapter 4625.0100 to 4625.2200, as amended. One copy of the regulations will be marked "official copy" and filed and available for inspection in the office of the city clerk. (Amended, Ord. No. 98-10, Sec. 1; Ord. 2007-03, Sec. 2) Subd. 2. The rules adopted by reference are modified as follows: a) in chapter 4625.0 100, by deleting the term "commissioner" and substituting therefor the term "city health authority". b) in chapter 4625.0400, by adding the following provision: all buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures to meet current requirements as set forth in the Minnesota state building, plumbing, _ ... _ electrical, fire and mechanical -codes. c) in chapter 4625.1500, by deleting the phrase "dated April 1965" from the third sentence of the first paragraph. d) in chapter 4625.1600, by deleting "parts 7080.0010 to 7080.0200" of the first sentence of the first paragraph and substituting therefor the phrase "chapter 7080". e) in chapter 4625.2300, by deleting subp. 1, subp. 4, and subp. 5. (.Amended, Ord. No. 98-10, Sec. 2) Subd. 3. Defmition. The term "lodging establishment" as used in this section means any hotel, motel, restaurant, boarding house, place of refreshment, resort, recreational camping area, cabin camp, tourist room, or mobile home park as those terms are defined in Minnesota Statutes, sections 157.01 and 327.10. 615.03. License required. It is unlawful for any person to operate a lodging establishment unless the city of Crystal has issued a valid license therefor which is in full force and effect. The license must be on display in the immediate vicinity of the customer registration area and conveniently accessible upon demand. 615.05. Application for license. Application for license hereunder will be submitted to the city clerk in such form and manner as the city clerk may prescribe. 615.07. Inspection. The city health authority or the designated agent must inspect every lodging establishment as frequently as deemed necessary to insure compliance with this section. The city health authority or the designated agency may apply for warrants to inspect lodging establishments as necessary. (Amended, Ord. No. 2001-04, Sec. 5) 615.09. License expiration and renewal. Licenses issued under this section expire on the last day of December each year. License renewal applications must be filed with the city clerk prior to the expiration date each year. 615.11. Licensing regglations and fees. License application and possession is subject to appendix IV of the city code. The annual license fee for a lodging establishment is set by appendix IV of the city code. Section 625 - Public swimming pools 625.01. State health department rules adopted. Minnesota Rules 4717.0150 through 4717.3975, as amended, relating to public swimming pools and spa pools, are adopted by reference. Reference in those rules to the commissioner of health is to the city health authority. (Amended, Ord. No. 95-6, Sec. 1; Ord. No. 2007-03, Sec. 3) 625.03. License required. It is unlawful to operate or permit swimming in a public swimming pool, regardless of whether a fee is charged for such use, unless the city has issued a license therefor that is in full force and effect. The license must be on display in the vicinity of the swimming pool or conveniently accessible upon demand. 625.05. Application for license. Application for a license hereunder is submitted to the city clerk in such form and manner as the city clerk may prescribe. 625.07. License expiration and renewal. Licenses issued under this section expire on the last day of April each year. License renewal applications must be filed with the city clerk prior to April 1 of each year. 625.09. License fees. The license fees for public swimming pools are set by appendix IV. Section 630 - Trailer camps, mobile home parks 630.01. Application. It is unlawful to operate an automobile camp without a current license therefor issued in accordance with chapter XI of this code. Automobile trailer camps must be operated and maintained in accordance with this section. 630.03. Water supply. An adequate supply of pure water for drinking purposes must be supplied in sufficient quantities to meet the requirements of every automobile camp, and no common cups or dipping vessels is permitted to be used by more than a single person, except that sanitary drinking cups may be permitted to be used as is usual and customary in public buildings. 630.05. Toilets. There must be provided in every auto camp, one water closet for each sex; one of such water closets must be distinctly marked "for men" and one of such water closets must be distinctly marked "for womeWt, -and-there--must-be-provided one -of each of such water closets -for each -ten -or - fractional part thereof of units of automobile trailers proposed to be accommodated. 630.07. Garbage and rubbish receptacles. Two metal receptacles equipped with tight fitting covers must be provided for each auto trailer to be accommodated. Receptacles must conform to the provisions of subsection 605.03. 630.09. Refuse and sewage disposal. It is unlawful to deposit waste water or material from sinks, baths, showers or any other plumbing fixtures upon the surface of the ground. 630.11. Lighting. Automobile camps must be provided with means of lighting the same at night. Public water closets and bath units must be provided with sufficient lighting facilities, which must be kept lighted during the time from one-half hour after sunset until one-half hour before sunrise. 630.13. Registration. Subdivision 1. Re i sten. An automobile camp licensee must provide a suitable register for persons seeking accommodations at any automobile camp and is responsible to see that all persons stopping at such automobile camp are properly registered therein. The registration must include the date of arrival, the name and home address of each occupant of the auto trailer being parked, the destination of the auto trailer, and the trade name and license number of each auto trailer and of each automobile used in combination with the trailer. Subd. 2. Camp register. The register will be open to inspection at all reasonable times to the council, the health officer, and the clerk. The pages of the register must be bound together and entries therein will be made in chronological order.. 630.15. Parkin in n city. Subdivision 1. Parking in camRs. It is unlawful to park or occupy an auto trailer in the city for a longer period than 24 hours, other than in a duly licensed automobile camp, without first registering the auto trailer with the clerk in a book kept and maintained for that purpose. Any person desiring to register an auto trailer must furnish the clerk with the names, ages, addresses and occupation of every occupant of the auto trailer together with information regarding the place where the auto trailer is proposed to be parked, the length of stay of the auto trailer. A person so registering an auto trailer must further show that fresh water and toilet facilities will be available to the occupants of the auto trailer at all times of the day and night at a distance of not less than 150 feet from the place where the auto trailer is proposed to be parked. Subd. 2. Clerk's duties. Upon registration of the auto trailer with the clerk, the clerk must, if the clerk finds the provisions of this section fully complied with, issue a permit to park the auto trailer at the place proposed for a period of not to exceed ten days. Not more than two such permits will be issued to any one auto trailer or auto trailer occupant in any calendar year. Information required to be given hereunder, furnished by the applicant for a permit must be written into the permit issued, and giving of any false information by any applicant is a misdemeanor. 630.17. Parking outside automobile camps. It is unlawful to park and occupy an auto trailer on any street or alley within the city for a longer period than 24 hours. An auto trailer may not be parked on private property without the permission of the owner of the property. For the purpose of this section the term private property includes property owned or controlled by Hennepin county or the state of Minnesota. 630.19. Parking within automobile camps; duration. An auto trailer may not be parked in any automobile camp in the city for a period to exceed 60 days. The council upon application, accompanied by a fee not to exceed $40 may extend the period of stay on any auto trailer parked in any automobile camp within the city, not to exceed two 150 -day periods within one year. Application for extensions of stay must be made to the clerk not less than ten days before such period expires. The clerk must present such applications for extension to the council at its next regular meeting. If any application for an extension of stay is denied the clerk must notify the applicant and return the fee. 630.21. Running gear. A person occupying an auto trailer within the city may remove its running gear, wheels or other equipment designed for transportation of such auto trailer as a dwelling without first complying with all of the provisions of the building and zoning regulations of this code. 630.23. Licensed dealer. Nothing in this section is to be construed to prohibit a duly licensed trailer dealer from occupying one trailer at a place of business where trailers are displayed. Toilet facilities and water fit for human consumption must be available to the occupant outside of the trailer so occupied at a distance of not more than 150 feet from the trailer at all times of day or night. 630.25. Manager's duties. The manager enforces the terms and provisions of this section. The manager may direct the public health sanitarian of the city to inspect any automobile camp or auto trailer subject ------to-Ahis section-.---If-,,in--the-opinion-of the public health sanitarian,-air--automobile--camp--has-becomue su--- - unsanitary as to endanger the health of the occupants of such automobile camp or auto trailer, or the surrounding community, or the sanitary facilities of the automobile camp have become inadequate to properly protect the health of the occupants of the automobile camp or the health of the surrounding community, the public health sanitarian must report such fact to the manager in writing, together with recommendations. The manager must give the owner, manager or proprietor of such automobile camp, or the occupant of such auto trailer written notice of the findings of the public health sanitarian, together with a demand in writing that the recommendations of the public health sanitarian be complied with within ten days after service of such notice and demand. The notice and demand must be served in the same manner as a summons in district court. If the owner, manager or proprietor of such automobile camp, or the occupant of such auto trailer fails or neglects to carry out and put into effect the recommendations of the public health sanitarian as indicated in the written notice of the manager, the manager must report such fact to the council at its next regular meeting, and the council may at such meeting, either with or without a public hearing, revoke the license or permit of the camp. 630.27. Other regulations. The provisions of this section are subject to other rules and regulations of the city, the Minnesota department of health, and the state of Minnesota. Section 660 - Tattoo, body piercing, body branding and body painting establishments 660.01. Purpose. The purpose of this section is to regulate the business of tattooing, body piercing, body branding, or body painting in order to prevent the transmission of disease and protect the health and welfare of the general public. The city council finds that the experience of other cities indicates that there is a connection between body piercing and disease transmission and other health problems. The city council finds that stringent regulations governing tattooing can minimize the disease risk and therefore protect the general health and welfare of the community. 660.03. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Body piercing" means any method of puncturing the skin of a person by the aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body. Subd. 3. "Body branding" means impressing or burning a mark or figure on the skin of a person with a hot object or flame. Subd. 4. "Body painting" means any method of application of coloring agents to create a permanent color to the skin. Subd. 5. "Clean" means the absence of dirt, grease, rubbish, garbage odor and other offensive, unsightly, or extraneous matter. Subd. 6. "Good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Subd. 7. "Enforcement officer" means the city health authority or other designee of the city manager. Subd. 8. "Issuing authority" means the city council. Subd. 9. "Tattooing" means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. 660.05. License required. Except as otherwise provided in this section, it is unlawful to operate an establishment where tattooing, body piercing, body branding, or body painting is practiced, nor engage in the practice of tattooing, body piercing, body branding or body painting without a license. A state licensed physician who engages in the practice of tattooing and/or body piercing shall be exempt from the license requirement. Jewelry stores and accessory stores that provide exclusively ear piercing services using piercing guns also shall be exempt from the license requirement. 660.07. License application. Subdivision 1. An application for a license is made on a form supplied by the city clerk and must contain the appropriate information required by this subsection. Subd. 2. If the applicant is a natural person: a) The name, place and date of birth, street residence address, and phone number of the application. b) Whether the applicant has ever used or has been known by a name other than the applicant's name, -- ---andifrso,-the -name-or names used and informatiorrconcemingslates-and places- where-ased.--- c) The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, section 333.01. d) The street addresses at which the applicant has lived during the preceding five years. e) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years, and the name and address of the applicant's employer and partner, if any, during the preceding five years. Subd. 3. If the applicant is a partnership: a) The name and addresses of all general and limited partners and all information concerning each general partner required in subdivision 2. b) The name of the managing partner and the interest of each partner in the tattooing establishment. c) A true copy of the partnership agreement must be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, section 333.0 1, a certified copy of such certificate must be attached to the application. Subd. 4. If the applicant is a corporation or other business: a) The name of the corporation or business formed, and if incorporated, the state of incorporation. b) A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes, section 303.06, must be attached to the application. c) The name of the manager, proprietor, or other agent in charge of the business and all information concerning each manager, proprietor, or agent required in subdivision 2. Subd. 5. In the case of all applicants: a) Whether the applicant holds a current tattooing, body piercing, body branding or body painting license from any other governmental unit. b) Whether the applicant has previously been denied a tattooing, body piercing, body branding or body painting license from any other governmental unit. c) The location of the business premises and the legal description thereof. d) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. e) If the application is for premises either planned or under construction or undergoing substantial alterations, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. A copy of the plans must be submitted to building, fire and health authority for approval. If the plans of design are on file with the city building and inspection division, plans need not be submitted. f) Such other information the city manager may require. 660.09. Application execution. An application for a license must be signed and sworn to. If the application is that of a natural person, it must be signed and sworn to by such person; if that of a corporation, by an officer thereof, if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Falsification of information on a license application requires the denial of a license. 660.11. Application verification. An application will be referred to the police chief for verification and investigation of the facts set forth in the application and any necessary criminal background checks, including a CCH Investigation as authorized by section 311 of the city code, to assure compliance with this section. (Amended, Ord. No. 2007-11, Sec. 2) 660.13. License period and license fees. The term of the license is the calendar year or the remaining portion thereof. The fee will not be prorated. The fee for a license is set forth in appendix IV. The fee must be submitted at the time the application is filed. Fees are non-refundable. 660.15. Persons ineligible for license. Subdivision 1. A license may not be issued to an applicant, or partner or other person in charge of the licenses if the applicant: a) Is a minor at the time the application is filed. b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2 and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subdivision 3. c) Does not have the legal authority to be employed in the United States; or _,.d) Is not of good moral character-or repute: - --_-- 660.17. General license requirements. Subdivision 1. Tattoos on minors. It is unlawful to tattoo, pierce, brand or paint a person under the age of 18 except in the presence of, and with the written permission of, the parent or legal guardian of the minor. Subd. 2. Prohibition on license transfer. A license is for the person and the premises named on the approved license application. Transfer of a license is not permitted from place-to-place or from person- to-person without first complying with the requirements of an original application, except where an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. Subd. 3. Hours of operation. A licensed establishment may not be open for business before 7:00 a.m. nor after 11:00 p.m. Subd. 4. Licensed premises. The license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee must inform the police chief. Subd. 5. Effect of license suspension or revocation. It is unlawful. to solicit business or offer to perform tattooing, body piercing, body branding or body painting services while under license suspension or revocation by the city. Subd. 6. Maintenance of order. The licensee is responsible for the conduct of the business being operated ..and must at all times maintain conditions of good order. Subd. 7. Employee lists. The licensee must provide to the city manager a list of employees who perform tattooing, body piercing, body branding or body painting at the licensed establishment and verify that each employee has received a copy of this section 660. Subd. 8. Liability insurance. Licensees must have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the state of Minnesota indicating that the licensee is currently covered in the licensed business by a liability insurance policy. The minimum limits of coverage for such insurance are: a) each claim, at least $200,000; b) each group of claims, at least $500,000. The insurance must be kept in force during the term of the license and provide for notification to the city prior to termination or cancellation. A certificate of insurance must be filed with the city. 660.19. Health and sanitation requirements. Subdivision 1. It is unlawful to engage in the practice of tattooing, body piercing, body branding or body painting at any place in the city without complying with the regulations of this subsection. Subd. 2. Lavatory requirement. A place where tattooing, body piercing, body branding or body painting is practiced must be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory must be equipped with hot and cold running water under pressure, be maintained in good repair at all times and kept in a clean and sanitary condition. Toilet fixtures and seats must be of a sanitary open front design and readily cleanable. Easily cleanable, covered receptacles must be provided for waste materials. A lavatory facility must be provided with an adequate supply of hand cleansing compound and single -service sanitary towels or hand -drying devices. Subd. 3. Skin infection. A person having a skin infection or other disease of the skin may not be tattooed, painted, or branded. Subd. 4. Sterilization and disposal or bio -hazardous materials. Needles, razor blades and other equipment used for pierced, branding or puncturing must be individually pre-packaged, sterilized and disposable, and this equipment may not be used on more than one customer. Bio -hazardous waste must be disposed of in accordance with law, and disposal procedures shall be approved by the health authority. Approved sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions and methods are approved by the health authority. Subd. 5. Skin preparation procedures. The following procedures must be used for skin preparation. The operator must wash hands thoroughly with soap and water following the hand washing procedures as approved by the health authority and then dry them with a clean towel before and after each tattooing. Operators with skin infections of the hand may not perform any tattooing, body piercing, body branding or body painting services. If it is necessary to-shave-tlle-slcin ,pre=packaged; pre=sterilized,-disposable, razor blades shall be used ---• - The skin area to be tattooed, pierced, branded or painted must be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the health authority. Single -service towels and wipes must be used in the skin cleaning process. After tattooing, piercing or branding, a sterile dressing must be applied to the tattooed, pierced or branded area. Subd. 6. Operating furniture. Tables, chairs, furniture, or area on which a patron receivbes a tattoo, body piercing, body branding or body painting must be impervious to moisture and properly sanitized after each tattoo, body piercing, body branding or body painting. The surface must be covered by single service disposable paper or clean linens. Subd. 7. Towels. An operator must provide single -service towels or wipes for each customer or person and such towels or wipes must be stored and disposed of in a manner acceptable to the health authority. Subd. 8. Garments of operator. An operator must wear clean, washable garments when engaged in the practice of tattooing, body piercing, body branding or body painting. If garments are contaminated with blood or body fluids, the garment must be removed, changed and discarded or sterilized by an approved method. Subd. 9. Pigments. Pigments used in tattooing must be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer must be placed in a single -service receptacle, and such receptacle and remaining solution must be discarded after use on each customer in accordance with procedures approved by the health authority. Subd. 10. Code compliance. The facility must meet all relevant building codes and federal law related to access. Subd. 11. Influence of alcohol and drugs. It is unlawful to practice tattooing, body piercing, body branding or body painting while under the influence of alcoholic beverages or illicit drugs. A customer may not be tattooed, pierced, branded or painted while under the influence of alcoholic beverages or illicit drugs. Subd. 12. Written instructions. The operator must provide the person tattooed, pierced, or branded with printed instructions on the approved care of the skin during the healing process. Subd. 13. Living_ quarters. A place licensed as a tattoo, body piercing, body branding or body painting establishment may not be used or occupied as living or sleeping quarters. Subd. 14. Hepatitis. A person to be tattooed, branded or pierced must be asked whether the person has had viral hepatitis in the preceding six months. A person suspected of presently having viral hepatitis or having had viral hepatitis within the preceding six months may not be tattooed, branded or pierced unless the person has the written consent of a licensed physician. 660.21. Sanctions for license violations. a) The city council may revoke the license or suspend the license for a violation of. a provision of this section or any other local law governing the same activity during the license period; violation of any criminal law during the license period which adversely affects the ability of the licensee to honestly, safely or lawfully conduct a tattooing, body piercing, body branding or body painting business; The city council may revoke the license or suspend the license if the licensee submitted false information or omitted material information in the licensing process. 660.23. Penal . A violation of this section is a misdemeanor. Section 1115 -Auto junk yards 1115.01. License. It is unlawful to build, rebuild, enlarge, alter, place, keep, use or maintain within the city any building, structure or premises for the purpose of junking or dismantling used motor vehicles without first having obtained an automobile junk yard license from the city. 1115.03. Area. The area of a licensed auto junk yard may not exceed two acres in area. 1115.05. Application. Application for an auto junk yard license is made to the council, setting out the name of the owner or owners of the business and the location at which it is to be operated. The clerk, or such other person as the council may designate, will ascertain whether the premises in or on which the "" ''' busuie'ss'i"s"" t"o be'operated'are so situated as Piot to cause any substantial devaluatioif -6f 'property wit ui" that area, and are so fenced or otherwise protected as not to become an attractive nuisance for children of the neighborhood; and whether they are kept in a clean and orderly manner and will not cause any substantial fire hazard or create a nuisance by reason of smoke, noise or other annoyances to occupants of other property in the vicinity. A report of such inspection must be made to the council. If it is determined by the council that the granting of this application will not create a hardship, hazard, or nuisance to other persons, the license may be granted. 1115.07. Fees. Auto junk yard license fees are set by appendix IV, and may be prorated for a period of less than one year. 1115.09. Inspection. A quarterly inspection of each licensed auto junk yard must be conducted by an officer or employee designated by the council. 1115.11. Sanitation. Motor vehicles and parts of motor vehicles in licensed auto junk yards must be kept in a clean and orderly manner. Section 1140 —Dumps 1140.01. Private dumps. Subdivision 1. License. It is unlawful to operate, maintain or keep a private dump within the city without first obtaining a license therefor from the city. _ Subd. 2. Definition. "Private dump" means a place operated, maintained, or kept by a person, other than a municipal corporation, for the purpose of allowing dumping or depositing of rubbish, refuse, garbage, debris, waste, junk or other materials of little or no value. The term does not include the exclusive dumping or depositing of dirt, stone, brick, cement, or other similar substance. 1140.03. Bond. Before a private dump license is issued, the applicant must deposit with the clerk a surety bond in the penal sum of $500 conditioned that the applicant will faithfully and continuously comply with all the provisions of this section and the lawful orders, rules and regulations of the health authority. 1140.05. Fees. The license fee for private dumps is set by appendix IV. The fee may be prorated for a period of less than one year. 1140.07. Conditions of license. Subdivision 1. Compliance. A licensee authorized to operate, maintain or keep a private dump must perform all acts, conditions and things required by the license and comply with the limitations and conditions set out in the license. Upon a determination that the licensee has violated any of the conditions or limitations subject to which the license is issued, the council may revoke the license. Subd. 2. Dead animals. Garbage or the carcass of a dead animal may not be left unburied for more than 24 hours. Subd. 3. Contents of license. The license will specify the term for such license not exceeding one year and any conditions, restrictions or limitations subject to which it is issued and contain a description of the premises on which the dump is to be operated, so that the premises may be located and its limits determined with reasonable certainty. Subd. 4. Fire expenses. A private dump licensee must agree to reimburse the city for any expenditure it may make by reason of fire calls answered as a result of a fire on the premises covered by the license or any expense incurred by reason of the failure of the licensee to comply with this section. The expenditures will be determined by the council and failure to pay the same within 30 days after mailing of notice of such determination to the licensee, is grounds for revocation of the license. Subd. 5. Burning. It is unlawful to permit burning on dump premises. The existence of fire, smoke or offensive odors on the premises is declared to be a nuisance and is grounds for revocation of the license. Section 1155 - Trailer camps 1155.01. Definitions. Subdivision 1. For purposes of this section, the terms defined in this subsection have the meanings given them. Subd. 2. "Automobile camp" means land or premises used or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy by or of travelers or - - - moveable dwellings, rooms -or sleeping quarters of any kind,..,,.-. - Subd. 3. "Auto trailer" means a structure or vehicle used as living quarters or capable of human habitation, mounted on wheels and capable of being moved from place to place, either by its own power or power supplied by some vehicle attached or to be attached thereto. 1155.03. Camp license required. It is unlawful to maintain or operate an automobile camp within the city without first obtaining a license from the city. The license fee is set by appendix IV. 1155.05. License. Subdivision 1. Application. The applicant for an automobile camp license must state (i) name and home address, (ii) the legal description of the camp, (iii) the name of the owner of the land, together with the name of the operator, proprietor or manager of the camp, (iv) the water supply available, (v) the toilet and sanitary facilities to be provided, (vi) the size of the lot or parcel of grounds to be used, and (vii) the maximum number of auto trailers that may be accommodated. The application must be signed by the proprietor of the camp and be accompanied with a sketch, diagram or plat showing the location, spacing and arrangement of the auto trailers to be placed thereon, the location and arrangement of toilet facilities, water supply and other sanitary facilities. The sketch, diagram or plat will be considered as a part of the application for license. Each automobile trailer must be allotted not less than 1,000 square feet of ground so arranged that the vehicle will occupy the center of the space as nearly as possible. Subd. 2. Application approval. The applications will be submitted to the council at a regular meeting ,hereof and referred to the_health authority at such meeting for investigation and report at..the next regular meeting. The license may not be granted by the council until the regular meeting of the council held next after the regular meeting at which the application was presented.