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2009.03.17 Council Meeting PacketMEETING SCHEDULE ON 3/17/2009 c) 6:45 — 6:55 p.m. d) 7:00 p.m. Citizen Input Time in Conference Room A EDA Work Session in the Council Chambers EDA Special Meeting in the Council Chambers Regular City Council Meeting in the Council Chambers ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL e WORK SESSION e TUESDAY, MARCH 17,2009 6:30 PM CRYSTAL CITY HALL COUNCIL CHAMBERS 1 . Call to order 3. Discuss marketing plan for lot sales in 2009 * 4. Other business 5. Adjournment * Materials attached 03/13/09 G:\EDA\Agendas\2009\03-17 ws.doc CITY f 1 EDA STAFF REPORT Lots for sale in 2009 CIff L.YsTAL L C_ FROM: John Sutter, City Planner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: March 12, 2009 TO: Anne Norris, City Manager (for March 17, 2009 EDA work session) SUBJECT: Discuss marketing plan for lot sales in 2009 The EDA has for decades operated a market-driven scattered site redevelopment program. This program typically purchases blighted, structurally substandard or functionally obsolete houses from willing sellers, demolishes them, and sells the resulting vacant lots to builders for construction of new single family houses. The objectives of the program are to remove current or likely future problem properties, to create move -up housing opportunities to balance the city's overwhelmingly "starter home" stock, and to increase the local tax base over the long term. From 1999 to summer 2007, the EDA used a deadline -based competitive process to select builders to purchase its lots for new house construction. Lot prices were based on the level of competition for each lot, and in most cases the EDA ended up selling its lots for more than our "target" (i.e. expected) price. This process made sense as long as the market for new houses was strong and multiple builders were submitting proposals for EDA lots. In summer 2007, as demand for lots slowed dramatically, the EDA changed to a "first come first served" process based on a fixed lot price. This means that the first builder to submit a proposal to buy the lot at the EDA's price and build a house meeting the FDA's guidelines will be considered by the EDA. The advantage of this approach is that the builder can find a buyer for the new house and then submit a proposal, thus eliminating the need for a builder to make a speculative proposal in order to compete with other builders. The disadvantage is that the EDA must set a fixed lot price rather than letting it be determined by competing builders' proposals. Using this new process the EDA sold one lot in 2008: 3541 Hampshire, which Taylor Made Homes purchased for $75,000 in September. As you are surely aware, within the past year, market conditions have weakened dramatically. If the EDA wants to sell more lots than it sold in 2008, then we would need to reduce our lot prices to reflect the residential real estate market, which has been declining since mid 2007. There do appear to be signs of a bottom in Crystal, and there are indicators that our submarket may recover sooner than most of the rest of the metropolitan area. PAGE 1 OF 4 SUMMARY OF VARIOUS As of As of As of HOUSING MARKET INDICATORS 9/30/2007 9/30/2008 12/31/2008 2/28/2009 Average Sale Price of Houses * Crystal $211,000 $147,000 $144,000 $119,000 Metro (7 core counties) $272,000 $230,000 $207,000 $195,000 Median Sale Price of Houses (for full year 2008) * Crystal - traditional $183,000 Crystal - lender -mediated $129,000 Metro - traditional $221,000 Metro - lender -mediated $131,000 Supply of Existing Houses For Sale Crystal - traditional 5'/2 months Crystal - lender -mediated 7'/ months Metro 10 months 10 months 8'/2 months 8 months Supply of Completed New Houses ** Metro 3'/2 months 3 months Metro + 6 collar counties 4 months 4 months Supply of Vacant Buildable Lots Crystal 4 months 90 months 84 months 36 months Metro ** 43 months 64 months Metro + 6 collar counties ** 52 months 88 months * Minneapolis Area Association of Realtors website ** Metrostudy presentation, Sensible Land Use Coalition, 12/10/2008 Some highlights: • For lender -mediated properties (foreclosures and short sales), Crystal seems to be in a relatively good Position going forward in terms of months of supply: At the end of 2008 Crystal was 80t out of the 100 MLS submarkets in the 7 county metropolitan area. For comparison, Brooklyn Center was 4th, Brooklyn Park 17th, New Hope 21St, Plymouth 31St Golden Valley 33rd, Maple Grove 52�d and Robbinsdale 65th. • For traditional properties (not lender -mediated), Crystal seems to be in an even better relative Position going forward in terms of months of supply: At the end of 2008, Crystal was' 91S out of the 100 MLS submarkets in the 7 county metropolitan area. For comparison, Brooklyn Center was 20th, Robbinsdale 30th, Brooklyn Park 31St, New Hope 49th, Golden Valley 59th, Plymouth 69th and Maple Grove 71St. ® The supply of vacant buildable lots is lower in the 7 -county metro core than in the surrounding "collar counties", and this should help with absorption of lots in Crystal. Also, in December through February there were three lot sales by foreclosing lenders in Thorson Addition. These sales occurred because of the lenders' willingness to sell at 50¢-60¢ on the dollar compared with lot prices at the peak in 2006 PAGE 2 OF 4 The takeaway from this is that Crystal may be one of the first places in the metro to "find the bottom", both in terms of house prices in general and lot prices in particular. That being said, the price declines already experienced have been significant, and any rebound will likely be very slow and gradual. The following 23 EDA lots are either ready to be sold or will be ready within the next six months. Listed approximately from north to south, the lots are as follows: ® 5918 Idaho 2 ® 5708 Elmhurst 3 ® 5657 Adair 2 5626 Vera Cruz 2 N 5824 Regent 3 ® 5700 Regent 3 ® 5527 Xenia 1 ® 4612 Hampshire 2 a 4604 Hampshire 2 ® 4330 Zane ® 4326 Zane 4310 Zane N 4306 Zane M 4343 Xenia 3 ® 4331 Vera Cruz 3 ® 3533 Lee 3 ® 3549 Regent 3 ® 3457 Regent 3 3440 Reent 3 5401 35t 2 ® 522535 th 3 ® 530934 th pl 3 ® 513234 th pl 3 Lots we have been marketing since spring 2007: 5 2Lots we have been marketing since spring 2008: 6 3Lots that would be marketed for the first time in 2009: 12 Staff has prepared the attached spreadsheet which lists these 23 lots and presents three different pricing scenarios: The lower price scenario roughly corresponds to lot sale prices in 2001. It also tracks with the actual sale prices 2-3 months ago for three lots in Thorson Addition, which were sold to new builders by the foreclosing. Because lenders are generally desperate to unload foreclosed assets off their balance sheets, and thus more likely to accept a "fire sale" price, this price scenario should be the lowest option for the EDA to consider. We estimate that the average length of time to sell the 23 lots would be 2 years. ® The midrange scenario roughly corresponds to lot sale prices in 2003. We estimate that the average length of time to sell the 23 lots would be 3 years. PAGE 3 OF 4 The higher price scenario roughly corresponds to lot sale prices in 2005. For those 11 lots we are currently marketing, it represents little or no price reduction from the FDA's 2008 prices. We estimate that the average length of time to sell the 23 lots would be 5 years. Staff recommends the midrange scenario. The lower price scenario would try to compete with desperate lenders who generally need to sell quickly; but the EDA does not, because its goals are much longer-term than the lenders'. The higher price scenario would miss out on the near- term opportunity created by historically low interest rates which, given decades' worth of accumulated federal government debt and (hopefully) a growing economy in 2-3 years, probably won't be around forever. In our opinion, the midrange scenario offers the best chance to hit whatever "sweet spot" may occur in demand for new house construction, while still keeping the average net expenditures per lot at a level consistent with the FDA's $40,000 guideline. Staff also recommends that the three pairs of lots (4330 & 4326 Zane, 4310 & 4306 Zane and 4604 & 4612 Hampshire) now be available for sale separately. In the current market, builders might be able to get one house pre -sold, or even be comfortable building one spec house, but view taking on two lots in this risky environment as a non-starter. Staff does not recommend changing the typical new house specifications (i.e. minimum number of bedrooms, bathrooms, basement required, etc.) If at any time the EDA is dissatisfied with the pace of lot sales, it may direct staff to reconsider the matter and bring it back to the EDA. Other changes that the EDA could consider include relaxing the specifications for the new houses, allowing the sale of lots to non -builders, or partnering with a non-profit to use the lots to build new affordable housing instead of market -rate housing. All of these would create complications and/or be inconsistent with the purpose of the program. Staff would continue to promote the lots as we have in the past, meaning we would put the information in the city newsletter and on the city website, place "For Sale" signs on each lot, and do a direct mailing to the approximately 200 interested parties on our EDA lot mailing list. EDA discussion and feedback is requested. Based on this discussion, formal approval would be requested at the next EDA meeting on April 7, 2009. PAGE 4 OF 4 From: Economic Development Authority of the City of Crystal ("EDA") Date: June 16, 2008 Subject: EDA lots available for construction of new single family houses The EDA is seeking proposals from buildersl to purchase the following lots for construction of new single family houses. Below, please indicate which lots interest you and mail, fax or email this sheet back to us. We will send you Request for Proposals "RFP") packets for any lots you've indicated. PROPERTY DIMENSIONS (approx) LOT WOULD YOU LIKE AN ADDRESS width x depth sq. ft. PRICE 3 RFP PACKET FOR... 5918 Idaho Ave N 60 x 133 8,004 $60,000 5918 Idaho? Yes No 5657 Adair Ave N 74 x 134 9,949 $65,000 5657 Adair? Yes No 5626 Vera Cruz Ave N 66 x 135 8,938 $65,000 5626 Vera Cruz? Yes No 5527 Xenia Ave N 4 66 x 135 8,938 $65,000 5527 Xenia? Yes No 4612 Hampshire Ave N 70 x 123 8,581 $140,000 5,6 4604 & 4612 Hampshire? 4604 Hampshire Ave N 80 x 123 9,807 for both lots Yes No 4330 Zane Ave N 45 x 217 9,765 $120,000 6,' 4326 & 4330 Zane? 4326 Zane Ave N 45 x 217 9,765 for both lots Yes No 4310 Zane Ave N 45 x 217 9,765 $120,000 6'' 4306 & 4310 Zane? 4306 Zane Ave N 45 x 217 9,765 for both lots Yes No 00 O O O D O O D 0 0 0 0 0 0 0 0© 0 0 0 0 0 0 O O 0 O O O O O O O O O O O D O D O D D O D O D D O O D O O O C O O O O% 3541 Es'h Ave x 1 t 0,164 U� ,75,000 D 0 0 0 D 0 0 0 D A O O O O O O D O .......... 0 0 0 0 0 0 ... O O O 0 ... O p O D O O D 0 0 0 0 0 D Q00..* 5401 35th Ave N 75 x 134 10,026 $40,0008 'Please see the notes on the reverse side of this sheet AFTER SELECTING THE RFP PACKETS YOU WANT COMPLETE THE FOLLOWING: Name Mailing Address City State ZIP Telephone Fax Email 540135cng Yes No ...AND MAIL FAX OR EMAIL THIS FORM TO: Corinne Elfelt Crystal EDA 4141 Douglas Dr N Crystal MN 55422 fax: 763.531.1188 celfeltAchcrystal. m n. us 1 Proposals will only be considered from state -licensed builders who have built at least three houses in Minnesota in the last three years. The houses on EDA lots may be built speculatively or for a specific buyer. If you would be the house buyer, then you must have a builder submit the proposal; and if that proposal is selected, then your builder would be responsible for completing the house. 2 Some of the existing houses may not have been demolished yet, but will be no later than April 2008. 3 The EDA considers proposals for its lots on a 'first-come, first-served" basis. This means that the first proposal offering to buy the lot at our price and build a house meeting our guidelines will be presented to the EDA for their consideration. The EDA retains absolute discretion to decide whether to accept any particular proposal. 4 The EDA is in the process of cancelling a 2007 Purchase and Redevelopment Agreement with a nonresponsive builder. Therefore this lot will not be available until the cancellation process is complete (mid-April 2008). 5 The EDA is in the process of replatting 6622 46`x' into two lots to be addressed as 4604 & 46.12 Hampshire. The plat is scheduled for Planning Commission and City Council consideration in March 2008. 6 These lots are being sold as a pair to a single builder, but they are to remain separate lots for construction of a single family house on each lot. The EDA will not consider proposals to combine the lots and build a duplex. 7 The city reconstructed the alley with concrete in fall 2007, and the EDA has paid the alley assessment. The city is scheduled to reconstruct the street in 2009, which would result in an assessment of approximately $5,500. That assessment would become pending in fall 2008. The EDA will not pay the street assessment. 8 This lot will require soil correction and the lot price has been discounted for that reason. EFFECT OF LOWER LOT PRICES ON LOWER PRICE SCENARIO PROJECTED NET EXPENDITURES (AVERAGE SALE DATE IN 2 YEARS) NET EXPENDITURES UPDATED NET NET EXPENDITURES PROJECTED AT TIME EXPENDITURES BASED MORE OR (LESS) PROPERTY ADDRESS DATE ACQUIRED OF ACQUISITION ON NEW LOT PRICE THAN AT ACQUISITION MIDRANGE SCENARIO (AVERAGE SALE DATE IN 3 YEARS) UPDATED NET NET EXPENDITURES EXPENDITURES BASED MORE OR (LESS) ON NEW LOT PRICE THAN AT ACQUISITION HIGHER PRICE SCENARIO (AVERAGE SALE DATE IN 5 YEARS) UPDATED NET NET EXPENDITURES EXPENDITURES BASED MORE OR (LESS) ON NEW LOT PRICE THAN AT ACQUISITION 5918 Idaho Jul -07 $40,000 $80,318 $40,318 $71,818 $31,818 $66,818 $26,818 5708 Elmhurst Jan -09 $30,000 $36,019 $6,019 $27,519 $2,481 $15,319 $14,681 5657 Adair Dec -07 $40,000 $51,413 $11,413 $42,913 $2,913 $37,913 ($2,087) 5626 Vera Cruz Se -07 $20,000 $56,517 $36,517 $48,017 $28,017 $43,017 $23,017 5824 Re ent Sep -08 $40,000 $45,753 $5,753 $37,253 $2,747 $29,153 $10,847 5700 Regent Jan -09 $35,000 $36,183 $1,183 $27,683 $7,317 $15,683 $19,317 5527 Xenia Mar -07 $42,000 $77,936 $35,936 $69,436 $27,436 $64,436 $22,436 4612 Hampshire Nov -07 $21,000 $36,787 $15,787 $28,287 $7,287 $23,287 $2,287 4604 Hampshire Nov -07 $21,000 $36,787 $15,787 $28,287 $7,287 $23,287 $2,287 4330 Zane May -99 $29,000 $26,288 $2,712 $17,788 ($11,212) $6,788 $22,212 4326 Zane Mar -02 $40,000 $50,782 $10,782 $42,282 $2,282 $31,282 $8,718 4310 Zane Jun -05 $70,000 $100,196 $30,196 $91,696 $21,696 $80,696 $10,696 4306 Zane Jul -98 $36,000 $24,547 $11,453 $16,047 ($19,953) $5,047 $30,953 4343 Xenia Oct -08 $29,000 $40,682 $11,682 $32,182 $3,182 $17,882 $11,118 4331 Vera Cruz May -08 $36,000 $45,322 $9,322 $36,822 $822 $25,822 $10,178 3533 Lee Apr -08 $40,000 $62,555 $22,555 $54,055 $14,055 $49,055 $9,055 3549 Regent Dec -08 $34,000 $35,351 $1,351 $26,851 $7,149 $17,351 $16,649 3457 Regent Jun -08 $40,000 $39,387 $613 $30,887 $9,113 $25,887 $14,113 3440 Regent Jan -09 $32,000 $33,451 $1,451 $24,951 $7,049 $13,951 $18,049 540135th Nov -07 $55,000 $72,943 $17,943 $64,443 $9,443 $59,443 $4,443 5225 35th Apr -08 $38,000 $47,958 $9,958 $39,458 $1,458 $34,458 $3,542 5309 34th PI Oct -08 $40,000 $41,010 $1,010 $32,510 $7,490 $24,510 $15,490 5132 34th PI Sep -08 $49,000 $52,790 $3,790 $44,290 $4,710 $34,990 $14,010 NUMBER OF LOTS: TOTAL: AVERAGE: 23 $857,000 $1,130,975 $37,261 $49,173 NET EXPENDITURES UPDATED NET PROJECTED AT TIME EXPENDITURES BASED OF ACQUISITION ON NEW LOT PRICE $273,975 $11,912 NET EXPENDITURES MORE OR (LESS) THAN AT ACQUISITION $935,475 $40,673 UPDATED NET EXPENDITURES BASED ON NEW LOT PRICE $78,475 $3,412 NET EXPENDITURES MORE OR (LESS) THAN AT ACQUISITION $746,075 $32,438 UPDATED NET EXPENDITURES BASED ON NEW LOT PRICE ($110,925) ($4,823) NET EXPENDITURES MORE OR (LESS) THAN AT ACQUISITION G:iRedevelopmentlResidential-single family totslpurchased and sold1RFPs12009-0112009.03.17 lot price scenario comparo.xls 311212009 LIST OF LOTS BY PRICE LEVEL "Price Level #1" ($35,000 low scenario, $45,000 mid scenario, $55,000 high scenario) 5918 Idaho 5708 Elmhurst 3533 Lee "Price Level #2" ($40,000 low scenario, $50,000 mid scenario, $60,000 high scenario) 5657 Adair 5626 Vera Cruz 5700 Regent 5527 Xenia 4343 Xenia 4330 Zane 4326 Zane 4310 Zane 4306 Zane 3549 Regent 5401 35th' "Price Level #3" ($45,000 low scenario, $55,000 mid scenario, $65,000 high scenario) 5824 Regent 4331 Vera Cruz 3457 Regent 3440 Regent 5225 35th 5132 34th PI "Price Level #4" ($50,000 low scenario, $60,000 mid scenario, $70,000 high scenario) 4612 Hampshire 4604 Hampshire 5309 34th PI ` 5401 35th needs approx. $25, 000 in soil correction. Price level minus $25,000 yields the estimated lot price. G:iRedevelopmentlResidential-single family totslpurchased and sold1RFPs12009-0112009.03.17 lot price scenario comparo.xls 311212009 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL e SPECIAL MEETING 9 TUESDAY, MARCH 17, 2009 6:45 PM CRYSTAL CITY HALL COUNCIL CHAMBERS Call to order 2. Roll call 3. Approval of minutes of the March 3, 2009, Regular Meeting. 4. Consider approval of a Supplemental Agreement for Daniel & Sandra Clifford to purchase and complete the house at 5717 Oregon Ct * 5. Consider a revised house plan for 5747 Oregon Ct * 6. Other business 7. Adjournment * Materials attached 03/13/09 GAEDA\AgendasV009\03-17.doc Minutes of the Crystal Economic Development Authority Regular Meeting March 3, 2009 President Hoffmann called the special meeting of the Crystal Economic Development Authority to order at 6:30 p.m. Upon call of the roll, the following members were present: David Anderson, ReNae Bowman, Garry Grimes, Mark Hoffmann, Janet Moore, Laurie Ann Moore and Joe Selton. The following staff members were present: Anne Norris, Executive Director; Patrick Peters, Community Development Director; John Sutter, City Planner/Assistant Community Development Director; and Mike Norton, City Attorney. Motion by Commissioner L. Moore (Selton) to approve the minutes from the February 3, 2009 regular meeting, February 3, 2009 work session and February 17, 2009 work session. Motion carried. The EDA considered amendments to the Horne Improvement Incentive Rebate program and a contract with the GMHC Housing Resource Center to administer the program from April 1, 2009 through March 31, 2010. Motion by Commissioner Bowman (Anderson) to approve Resolution 2009-05 modifying tax increment financing plan for tax increment financing District No. 1. Motion carried. Motion by Commissioner Anderson (Bowman) to approve Resolution 2009-06 modifying tax increment financing plan for housing replacement districts, phases I and II. Motion carried. Motion by Commissioner Grimes (Bowman) to approve the agreement with GMHC for the Horne Improvement Rebate Program for the funding cycle beginning April 1, 2009. Motion carried. The EDA considered start-up of the Purchase -Rehab Down Payment Assistance Program and a contract with the GMHC Housing Resource Center to administer the program frorn April 1, 2009 through March 31, 2010. Motion by Commissioner Bowman (Anderson) to approve the Purchase -Rehab Down Payment Assistance Program and a contract with the GMHC Housing Resource Center to administer the program from April 1, 2009 through March 31, 2010. Motion carried. The EDA considered a resolution approving the participation of the Hennepin County Housing and Redevelopment Authority in construction of Living Works Lodge II at 3255-3257 Douglas Drive North (currently addressed as 3249) Motion by Commissioner Anderson (L. Moore) to approve Resolution 2009-07 approving the participation of Hennepin County Housing and Redevelopment Authority in construction of Living Works Lodge II at 3255-3257 Douglas Drive North. Motion carried. Mr. Sutter presented the EDA with a staff report indicating an award to the city of Crystal in the amount of $588,000 from the federal Neighborhood Stabilization Program. The report identified the allocation of funds and included an -updated spending proposal. Motion by Commissioner Grimes (Hoffinann) to adjourn the regular meeting. Motion carried. The meeting adjourned at 6:52 p.m. Mark Hoffinann, President ATTEST: Garry Grimes, Secretary EDA STAFF REPORT ,I- r-1"CrffYFif. 5717 Oregon Ct (potential buyer - Clifford) �-u ;4� FROM: John Sutter, City Planner/Assistant Community Development Director k--.— DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Directo IT, MM 171 P4111411., TO: Anne Norris, City Manager (for March 17, 2009 EDA meeting) SUBJECT: Consider Supplemental Agreement to Purchase & Redevelopment Agreement for 5717 Oregon Court North In the Purchase & Redevelopment Agreement ("PRA") by which the EDA sold this lot to the builder, the EDA retained reversion rights if the builder failed to perform. In such circumstances the EDA has the right to repurchase the property from the builder for the amount they paid for the lot less EDA expenses. Then the EDA would own the property including the improvements thereon, and would finish the houses and sell the final product. In the case of the subject property, the builder is in default because they failed to complete the house by October 31, 2007. The builder's lender KleinBank has foreclosed on the property (see Exhibit A); they purchased it for $273,326 at the Sheriff's sale on September 9, 2008. The redemption period expired on November 10, 2008. On August 25, 2008, the EDA sent demand letters regarding builders' defaults on six former EDA properties including the subject property (see Exhibit 13). KleinBank failed to respond and we had directed our attorney to begin reverter proceedings. However, KleinBank has since entered into a Purchase Agreement with Daniel and Sandra Clifford who propose to finish the house then sell it to a family member who will homestead it (see Exhibit C). However, the lender cannot transfer title to Clifford until the EDA approves a Supplemental Agreement (Exhibit D) which would transfer responsibility for finishing the house from KleinBank to Clifford. The Supplemental Agreement would establish a new completion deadline of August 31, 2009. Staff has reviewed Clifford's source of funds and found it to be adequate to complete the house. EDA approval of the Supplemental Agreement attached as Exhibit D is requested. PAGE 1 OF 1 Hennepin County > Sheriffs Foreclosures US H etwepM coat'l ty, Home > Sheriff's Foreclosures > Record of Foreclosure/Execution Sale RECORD OF FORECLOSURE/ EXECUTION SALE Sale Record 0809178 Number: Mortgage 8889661 Document Number: Date of Sale: 9/9/2008 Type of sale: Mortgage Mortgagor(s): Inspired Construction, Inc, Mortgagee: KleinBank To Whom Sold: Kleinl3ank Final Bid Amount: $273,325.97 Redemption 11/10/ 4yro; FS 2-008. Expiration Date: Deputy Sold By: Lora Seery Law Shapiro Nordmeyer & Zielke, L.L.P. Firm/Attorney: Unverified 5717 Oregon Ct N, Crystal Common Address: Optional No value entered Comments: Page I of I FAQ I Help I March 12, 2009 Property http//www.co.hennepin.mn.us/portal/site/HCInternet/menuitem Information YgDex id=3fA25bTW41dQ10V (�MJQQOW -to 0f0946_89RQRD Search, Home I your County Government I Licenses, Certificates, & Registration I Employment. & Volunteering , I Health,flousing,- Social Services I Law, .-Public .Siq ty, &_Cqurts I Environ Copyright @ 2009 Hennepin County, Minnesota I www.Hennepin.us Accessibility Policy I Contact Hennepin County I Security/Privacy Statement http://www4.co.hennepin.mn.uslwebforeclosurelpropertydetail.asp?salerecordn-Lunber=0809178 3/12/2 September 25, 2008 4141 Douglas Drive North - Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 - Fax: (763) 531-1188 • www.ci.crystal.rnn.us Inspired Construction, Inc. Attn: Mark Zins 11071 255th Avenue Zimmerman, MN 55398 Re: Purchase and Redevelopment Agreement (5717 Oregon Court North) by and between Economic Development Authority of the City of Crystal and Inspired Construction, Inc., dated September 1, 2006 (the "Agreement") Dear Mr. Zins: This purpose of this letter is to inform you that the Economic Development Authority of the City of Crystal (the "Authority") will delay until after November 10, 2008 any further action to exercise its reversion rights which were described in the Demand Letter dated August 25, 2008. The purpose of this delay is to defer any Authority action to exercise its reversion rights until after the foreclosure sale redemption period has expired. In delaying further action to exercise its reversion rights, the Authority's expectation is that you or the mortgagee, Kleinbank, will take the following actions: 1. Secure and maintain the property effective immediately; and 2. Complete an inventory of the work remaining to complete the house; and 3. Prepare a detailed plan for completing the house, including a timetable for completion; and 4. Submit the inventory and plan to the Authority no later than November 25, 2008 (ten business days after redemption expiry). Upon review of said inventory and plan, the Authority will determine whether it is satisfactory and reasonable, and if so, will authorize an addendum to the Purchase & Redevelopment Agreement to be executed and recorded which will establish a new completion deadline commensurate with the plan. X Uj If action steps 1 through 4 on the preceding page are not completed, then the Authority's intent is to exercise its right to re-enter the above -referenced property and to revest title to the property in the Authority, according to the terms of the Agreement. A copy of this letter is being provided to Kleinbank, the mortgagee of the above - referenced property, and its attorney. Sincerely, Patrick A. Peters Deputy Executive Director cc: David Gast, Kleinbank Diane Mach, Shapiro Nordmeyer & Zielke Andrea Carroll, First American Title Insurance Company Task List The following items will be performed to complete the home on 5717 Oregon Ave. in Crystal: Task PrioritV Verify Inspections to -date 1a Fix basement window with water issue lb Finish steps IC Sheetrock garage house wall and roof Id Complete Ductwork for HVAC 2a Install 93% furnace -SEER 11 A/C 2b Finish electrical work at main panel 2c, Install water heater 2c Complete gas line installs 3a Install gas fireplace in living room 3b Design and order kitchen cabinets and counters 4a Design and order bathroom fixtures 411% Buy electrical fixtures 5a Buy plumbing fixtures 5b Bring in 3 trucks of fill for back yard 6a Install driveway 6b Bring in topsoil for yard 6c, Install shrubs and decorative rock in front 6d Sheetrocic first floor 7a Sheetrock second floor 7b Buy, finish & install 6 panel oak. doors 7c Add stair railings 8a Trim out windows 8b Install base molding 9a Install tile in entry floor 9b Install linoleum in bathroom 9c, Install oak flooring in kitchen/eating area 9d Install carpet in living room, hall and bedrooms 9e Install carpet upstairs and on steps 9f Install electrical fixtures and outlets 10a I would like to share with you a little bit about my background. My two sons and I have built two homes in the last 5 years. The first one is a lake home on Balsam Lake in Wisconsin. It is a 2800 square foot walkout with an attached 2 1/2 stall garage, valued at over $400,000. The second home is located at in Inver Grove Heights. I have attached somephotos of this property (my oldest son lives in this home). Both homes were designed and all work was completed by myself and my two sons (with the x LIJ exception of the concrete work). This property was completed from start to finish within one year. It is situated on a lot adjacent to a 40 acre nature preserve and is valued around $270,000 I expect to complete the work at 5717 Oregon by the August 31St, 2009. If you have any questions please don't hesitate to contact me at ti Sincerely, Daniel Clifford Inver Grove Heights, MN 55077 5717 Oregon Court North THIS SUPPLEMENTAL AGREEMENT is made as of , 2009 by and between ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, a public body corporate and politic under the laws of Minnesota ("EDA"), and DANIEL EUGENE CLIFFORD and SANDRA MARIE CLIFFORD, husband and wife ("Cliffords"). Recitals A. EDA, as Seller, entered into a. Purchase and Redevelopment Agreement dated September 1, 2006 with Inspired Construction, Inc., a Minnesota corporation, as Buyer, relating to the real property legally described on the attached Exhibit A (the "Property"), which agreement was recorded on November 20, 2006 as Document No. 8894498 in the office of the Hennepin County Recorder (the "Agreement"). B. EDA conveyed the Property to Inspired Construction, Inc. by quit claim deed dated November 6, 2006 and recorded November 20, 2006 as Document No. 8894499 in the office of the Hennepin County Recorder. The Property was conveyed subject, however, to the Agreement, including a right of reversion in favor of EDA in the event of certain default by Inspired Construction, Inc. under the Agreement. C. Inspired Construction, Inc. subsequently entered into a mortgage in favor of KleinBank, a Minnesota corporation, which mortgage was recorded on November 7, 2006 as Document No. 8889661 in the office of the Hennepin County Recorder. Said mortgage was foreclosed by Voluntary Foreclosure Agreement, as evidenced by Document No. 9082719 and the redemption period has expired without redemption by Inspired Construction, Inc. (X Ul 340687v1 CAH CR150-125 Pagel of5 D. Daniel Eugene Clifford and Sandra Marie Clifford, husband and wife, are the current fee owners of the Property and successors in interest to Inspired Construction, Inc. E. Inspired Construction, Inc. has defaulted in the performance of the Agreement by failing to substantially complete the construction of certain Minimum Improvements by October 31, 2007. EDA has agreed to forebear the exercise of its right of reverter on the condition that Cliffords enter into this Supplemental Agreement. Agreement 1. Recitals Incorporated. The foregoing recitals are incorporated into and made a part of this Supplemental Agreement. 2. Assumption of Obligations. Cliffords acknowledge that they are successors in title to Inspired Construction, Inc. and that their ownership is subject to the terms and conditions of the Agreement, including specifically the right of reversion in favor of EDA. Cliffords hereby assume all of the obligations of the Buyer under the Agreement. 3. Amendment of Agreement. The Agreement is hereby amended to extend the deadline for the construction of the Minimum Improvements, as that term is defined in the Agreement, from October 31, 2007 to August 31, 2009. 4. Seller's Rights and Remedies. Nothing in this Supplemental Agreement shall operate, legally or practically, to deprive or limit the EDA of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Property that the EDA would have had, absent the transfer in title to Cliffords. The Seller specifically reserves and retains all rights and remedies that it may have against Inspired Construction, Inc. 5. Agreement in Effect. Except as expressly modified by this Supplemental Agreement, the terms and conditions of the Agreement are hereby reaffirmed and remain in full force and effect. 340687v1 CAH CR150-125 Page 2 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL By Mark Hoffinann Its President By Anne Norris Its Executive Director } ss. The foregoing was acknowledged before me this day of , 2009, by Mark Hoffinann and Anne Norris, the President and Executive Director of Economic Development Authority of the City of Crystal, a public body corporate and politic under the laws of Minnesota, on behalf of the public body corporate and politic. Notary 340687v1 CAH CRI50-125 Page 3 of 5 I pill III � I RR -go Wl Daniel Eugene Clifford Sandra Marie Clifford STATE OF MIN-NESOTA COUNTY OF BENNEPIN The foregoing was acknowledged before me this. day of 2009, by Daniel Eugene Clifford and Sandra Marie Clifford, husband and wife. Notary This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 340687v1 CAH CR150-125 Page 4 of 5 t 0.14 20 11 H t 1 ".1 Legal Description of Property Lot 11, Block 1, Thora Thorson Addition, Hennepin County, Minnesota 340687v1 CAH CRI 50-125 Page of EDA STAFF REPORT YsTAL 5747 Oregon Ct - New House Plan - REVISEX f 1, C - FROM: John Sutter, City Plan ner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director,, , -Ia� DATE: March 10, 2009 TO: Anne Norris, City Manager (for March 17, 2009 EDA meeting) SUBJECT: Consider a revised new house plan submitted by Avery Homes for a new house to be built at 5747 Oregon Court North The EDA originally approved the sale of this lot to Covenant Builders based on the house plan attached as Exhibit A. It was to be a two story with 3 bedrooms, 21/2 bathrooms, and 3,576 sq. ft. (2,056 finished). Covenant never started construction on the house and the lender Highland Bank foreclosed on the property. On January 23, 2009, Avery Homes purchased the lot after signing a Supplemental Agreement with the EDA whereby Avery takes on Covenant's responsibilities under the original Purchase & Redevelopment Agreement. Under the Supplemental Agreement, Avery has until October 31, 2009 to complete the new house, with the house plan to be reviewed and approved by the EDA prior to building permit submittal. Avery Homes previously submitted a proposed new house plan, which is attached as Exhibit B. It was to be a split foyer design with 3 bedrooms, 2 bathrooms, and a 3 car garage. It would have totaled 2,936 sq. ft. (1,697 finished). There would have been 1,359 finished sq. ft. on the upper level, 338 finished sq. ft. on another level above the garage, and 1,239 sq. ft. on the unfinished walkout lower level. Subsequently it became apparent that the shallower basement of the split level design was not going to go down far enough to get to the native sand soil. The additional cost of extending the footings and foundation walls down further would have negated the financial benefits of the split foyer design. For this reason, Avery Homes is submitting a new house plan attached as Exhibit C. It is a two story design with 3 bedrooms, 2'/z bathrooms, and a 3 car garage. It has 3,128 sq. ft. (2,120 finished): 1,112 on the upper floor, 1,008 on the main floor and 1,008 in the unfinished lookout basement. Staff recommends that the EDA approve the house plan attached as Exhibit C. PAGE 1 OF 1 fN 201 -IAW 1� .31 -7t 0 0 %.Oo N r - . n 9:44 I .t . Mp•rawnw�v�o.w•Yw++..w ___ ..d„�'.�„+n.�w•+.r.�e�rfnwwrtl.w.rwYVrww�rr.+...w.r.•++wc.�.n•�w�+ wn1a� W.�urMuaM+fin.wun..rl.•tarf�+.iH!•!Yatv�NtrM,�� ' pi.ra�ww�asu.en�u...•y F4 .r•s r..+• .^•• �. �. smHarcuwtasern»H�wvm..ws . . 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EEEffl EEEffl — —-� o �3 qg� SK ua o an u O04 Q! la,_IQAyaC,�20 Ma4'11 ��a n y UUU3` 4 i� �UUUUn [Q{ � S�ggtt '�i �i 4 ii 9i h�3 i �3 H 'DNI --------------------------- 13 ---------------- — — — ------— ---------J Q—Y ----------- lor aiAl ol x r I f ------------ --- j L --------------- --------------------------------- .,9-,.l I 1:9-.01- I. 0-191 ogj� J-1 Xot gg A dOl.V-L=OD 53 I I TM ll I —1 Fo-1 III ,77VA19xv 1-----------------i ni ot 9 kD O �e� 1 S 1 THE CITY CLERK'S COMMENTS ARE BOLDED (Comments provided by staff) Crystal City Council Preliminary Agenda & Meeting Schedule March 17, 2009 7:00 P.M. Council Chambers 11. APPOINT AN INTERIM MAYOR PRO TEM The Council will consider appointing an interim mayor pro tem for the March 17, 2009 Council Meeting. Ill. ACKNOWLEDGEMENTS The interim mayor pro tem will acknowledge the following donations: a) $500 from Westphal American Legion Post 251 for the Crystal Airport Open House; and b) $250 from Wal-Mart Foundation for the Crystal Police Explorers. IV. PRESENTATION OF APPRECIATION Police Chief Banick will present a letter of appreciation to Crystal resident Jerry Franz for his assistance to the police department during an in -progress burglary in February 2009. V. PROCLAMATIONS The interim mayor pro tem will present the following proclamations: a) March 18, 2009 as Warren Ditch Day in the City of Crystal; and b) April 18, 2009 is Arbor Day in the City of Crystal. V1. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a) The regular City Council Meeting from March 3, 2009; b) The Council work session from March 3, 2009; and c) The Council work session from March 9, 2009. Crystal City Council Meeting Agenda March 17, 2009 VII. CONSENT AGENDA The Council will consider the following in nature, in a single motion: items, which are routine and non -controversial 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 $15,000 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 lawful gambling application for an Exempt Permit to conduct Bingo on July 24-25, 2009 at Becker Park during the Crystal Frolics submitted by New Hope Lions Club; 4. Approval of PIR expenditure for the purchase of a used Street Department Replacement Roller; 5. Approval of a special permit for wine and beer at the Crystal Community Center on April 11, 2009 submitted by Lam Rasrvong for a Laotian New Year Celebration; and 6. Acceptance of the resignation from William Gentry of the Parks & Recreation Commission. VIII. PUBLIC HEARIN 1. The Council will receive public comment for the Phase 10 Public Improvement Hearing - Parkside Acres Townhomes- Street Reconstruction Project #2008-10. After the Phase 10 Public Improvement Hearing last fall, the Parkside Townhome Association approached the City and requested that individual property owners be assessed instead of the Association. This hearing is a necessary formality to provide proper notice to property owners. Other than taking comments, no official action is necessary since the project has already been ordered and is out for bids. IX. OPEN FORUM (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) Page 2 of 4 Crystal City Council Meeting Agenda March 17, 2009 X. REGULAR AGENDA 1. The Council will consider appointing Luke Reisdorf to the Environmental Quality Commission for a partial, three-year term expiring December 31, 2011. The Interview Committee recommends the appointment of Luke Reisdorf. 2. The Council will consider Application 2009-02 for a Conditional Use Permit to have outdoor storage at 7350 — 32nd Ave N. The tenant (Midwest Molding and Manufacturing) at 7350 -32nd Ave N is requesting outdoor storage for its finished product, "green" landscape pavers. Outdoor storage in the 1-1, Light Industrial District requires a Conditional Use Permit (CUP). The Planning Commission held the public hearing on March 9 and voted 6-1 to recommend approval of the CUP, based on the findings of fact included in the staff report. 3. The Council will consider authorizing an application to consider amending City Code pertaining to telecommunications. At the March 9 joint work session, Planning Commission and City Counci generally agreed that the ordinance should be changed in some way but there were differences of opinion as to the specific changes desired. Staff is preparing the following options for Planning Commission and City Council consideration: (a) changes similar to those rejected in fall 2008; (b) allowing towers only at the largest park and school properties; and (c) not allowing towers at parks or schools at all but allowing them at a wider range of other properties. City Council action authorizing a zoning text amendment application to consider these options is requested. 4. The Council will consider the Phase 10 bids and two resolutions relating to the Welcome Street Reconstruction Project #2008-10; A) ordering the hearing for the proposed assessment and B) declaring the cost to be assessed and ordering the preparation of the assessment roll. The Phase 10 bids will be opened and reviewed on Monday, March 16. If everything is in order, it is important to order the assessment hearing on Tuesday so the Council may award the contract at the second meeting in April, eliminating the need for a special meeting. Recommend adoption of both resolutions. Page 3 of 4 Crystal City Council Meeting Agenda March 17, 2009 X REGULAR AGENDA CONTINUED 5. The Council will consider a resolution approving a cost-sharing agreement for the Wetland 639 Feasibility Study. Evaluating options for reducing phosphorous export from the 639 Wetland is an important step in meeting the Twin Lakes TMDL for phosphorous. Recommend adoption of the resolution. XI. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) Please remember to RSVP for the annual appreciation dinner for city volunteers serving on boards and commissions by March 19 to (763) 531-1118. LATE RSVP'S WILL NOT BE ACCEPTED. b) The Remodeling Fair is on Saturday, April 4 at the Crystal Community Center. The fair is free and from 9:00 a.m. to 3:00 p.m. c) The next City Council Meeting will be at 7:00 p.m. on April 7 in the Council Chambers at City Hall. XII. ADJOURNMENT XIII. MEETING SCHEDULE ON MARCH 17 2009 a) 6:00 — 6:30 p.m. b) 6:30 — 6:45 p.m. c) 6:45 — 6:55 p.m. 0111KHOM Citizen Input Time in Conference Room A EDA Work Session in the Council Chambers EDA Special Meeting in the Council Chambers Regular City Council Meeting in the Council Chambers Page 4 of 4 If% ..#NnYstal City Council Meeting Packet March 17, 2009 ACKNOWLEDGEMENTS The interim mayor pro tem will acknowledge the following donations: a) $500 from Westphal American Legion Post 251 for the Crystal Airport Open House; and b) $250 from Wal-Mart Foundation for the Crystal Police Explorers. CITY OF CRYSTAL Cash,Receipt Receipt Date 3/4/2009 Receipt Number 68015 WESTPHAL AMER LEAGION POST 251 CK #9980 BT 3707.4950 AIRPORT OPEN HOUSE DONATION Total Receipt Amount 8985 13:07:27 1 GAMBLING ACCOUNT R." M" 3600 FRANCE AVE., N. ROBBINSDALE, MN 55422 PHONE 763-588-2728 500.00 500-.00 cialsons RobblnBdale INDEPENDENT B 3700 West Broadway Robbinsdate, MN 55422 763-5BB-2715 f FOR ok, 11860991301111 -":'0910h65G61: L03 -50C3 2110 1315-1656-910 DATE - EU CK TAL POL IC EDIEPAR TIM, MINT "Service with Compassion and Integrity" TO: Anne Norris, City Manager FROM: John Banick, Chief of Police T9 DATE: February 25, 2009 Please inform the Mayor and City Council that the Police Reserves have received a $250.00 grant from the Wal-Mart Foundation. The reserves plan to use these funds to purchase miscellaneous uniform and equipment items. Thank you. Crystal City Council Meeting Packet March 17. 2009 IV. PRESENTATION OF APPRECIATION Police Chief Banick will present a letter of appreciation to Crystal resident Jerry Franz for his assistance to the police department during an in -progress burglary in February 2009. March 17, 2009 4141 Douglas Drive North Phone: 763-531-1014 Crystal, MN 55422-1696 Fax: 763-537-3279 Mr. Jerry Franz 6721 59th Avenue North Crystal, MN 55428 Dear Mr. Franz: On February 9, 2009, at approximately 12:30 p.m., you were driving in the area of Elmhurst Avenue north of Bass Lake Road when.you observed a suspicious person knocking at the front door of a residence in the 5600 block of Elmhurst. While watching this person in the rearview mirror of your vehicle, you noticed that the subject opened the screen door of the residence. You felt something was unusual about this situation so you turned your vehicle around and continued to monitor the actions of the suspect. Moments later, you observed the suspect vehicle being parked in a business complex parking lot near an unoccupied business. You moved into a position to observe the residence when you saw two suspects entering the back door. At this time, you felt that a residential burglary was taking place so you called 911 to report your observations. You continued to observe the residence while waiting for the police to arrive. You pointed out the residence to the first responding officer. Two male suspects were then seen fleeing from the residence and across County Road 81. You then provided very good descriptions of the suspects. The Crystal Police Department and other local law enforcement agencies immediately set up a perimeter in the area. A short time later the two burglary suspects were apprehended. Therefore, on behalf of the Crystal Police Department, we would like to thank you for your keen observations and willingness to participate in this investigation. Due to your efforts and involvement in this incident, burglary charges have been filed against the two suspects and our community is a safer place. Sincerely, 9A- av,-..rL John J. Banick, Chief of Police Crystal Police Department "Service with Compassion and Integrity" Crystal City Counci] Meeting Packet March 17, 2009 V. PROCLAMATIONS The interim mayor pro tern will present the following proclamations: a) March 18, 2009 as Warren Ditch Day in the City of Crystal; and b) April 18, 2009 is Arbor Day in the City of Crystal. E1 Douglas Drive North. Crystal, Minnesota 55422-1696 (763) 531-1000 - Fax: (763) 531-1188 . www.d.crystal.ran.us RREN DITCH DAY IN CRYSTAL MARCH 18,20 09 WHEREAS, Warren Ditch is an employee of the Greater Metropolitan Housing Corporation (GMHC) and has been since 2000; and WHEREAS, GMHCs Northwest HousingResource Center provides housing assistance to Crystal and other area residents; and WHEREAS, Warren Ditch is GMHCs Construction Manager for the Northwest HousingResource Center; and WHEREAS, as construction manager, Warren Ditch manages the Rehab Incentive Program for Crystal and provides consulting services to homeowners; and WHEREAS, during his nine years with GMHC, he coordinated rehab projects for 1,074 Crystal homeowners; AND WHEREAS, his efforts to assist Crystal homeowners maintain housing stock is acknowledged and greatly appreciated. NOW, THEREFORE, the Crystal City Council does hereby proclaim March 18, 2009 as WARREN DITCH DAY in the city of Crystal. Dated this 17th day of March, 2009 Interim Mayor Pro Tern 4141 Douglas Drive North . Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 ® Fax: (763) 531-1188 . www.d.crystalmn.us Arbor Day April 18, 200-15 AMI -1 WHEREAS, trees are a vital component of the community, enriching our lives with natural beauty, a sense of well-being, and enhanced healing and productivity; and WHEREAS, trees increase property values, moderate temperature extremes, and conserve energy; and WHEREAS, trees provide shelter and wildlife habitat, reduce erosion and flooding, and play an important role in the functioning of healthy watersheds and other natural systems; and WHEREAS, threats to tree health, such as diseases, development, and pollution, must be managed and moderated; and WHEREAS, the City of Crystal wishes to promote better understanding and awareness of the trees in our community forest; and to affirm the City's commitment to their care and management. NOW, THEREFORE, the Crystal City Council does hereby proclaim April 18, 2009 as ARBOR DAY in the City of Crystal. Date: March 17, 2009 Interim Mayor Pro Tern ®VEitVIEW OF ARBOR DAY MEETING MARCH 5, 2009 "5kArbor Day _April 18th 9:00 - 11:00 At Hagemeister Park EVENT AGENDA: 1. Treats & Beverages available 2. Mayor reads Proclamation 3. Poster Contest Awards presented by Scott 4. Talk on trees by James 5. Contest on the Value of A Tree 6. Planting of a tree PUBLICITY: 1. On marquee - SCOTT 2. Press Release to Sun Post - SCOTT 3. Call to Channel 12 to invite them (no press release) - JAMES 4. City web page - SANDY w/provide flyer to Jess 5. City Newsletter if nx issue is before event - SCOTT 6. Create Flyers& Post - SANDY a. CCC bulletin bd b. at City Hall c. in neighborhood: Thriftway, SuperValu, elsewhere?? Poster Contest: Theme "Trees Are Terrific In Cities & Towns" - SCOTT a) Entries will be due by end of March b) Prize for ea grade level will be "care pkg" of seeds, gift card, plants Value of A Tree Contest - details to be worked out by James & Sandy: James w/provide information on valuation of trees Treats and juice (SuperValu) - SANDY (create a banner giving them credit) Coffee& cups - RICK Invite the Mayor - JAMES Invite the family that donated the land for park - JAMES w/chk with Tom Notify Park Commission Tree Board Chairperson of event - RICK Acquire free seedlings for handout - JAMES Provide fact sheets for handout - JAMES Acquire delivery of tree for planting - JAMES Bring tree wedge - JAMES INFORMATION AVAILABLE ON SITE: • Street planting map of neighborhood - JAMES • CR 81 redo plan for awareness - RICK ® Information of Shingle Creek Cleanup event - SANDY PREPARE FLYER or large poster??? (Rick w/forward the information for flyer) PLEASE EMAIL NOTIFICATION TO ALL AS EACH TASK IS COMPLETED. nlYstal City Council Meeting Packet March 17, 2009 VI. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a) The regular City Council Meeting from March 3, 2009; b) The Council work session from March 3, 2009; and c) The Council work session from March 9, 2009. Crystal City Council Meeting minutes March 3, 2009 1769 I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, March 3, 2009 at 7:01 p.m., in the Council Chambers at 4141 Douglas Drive in Crystal Minnesota. Mayor ReNae Bowman called the meeting to order. Upon roll call, the city clerk recorded the following attendance: COUNCIL: Bowman, J. Moore, Selton, Grimes, Anderson, L. Moore, and Hoffmann. STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney M. Norton, Police Chief J. Banick, Community Development Director P. Peters, Finance Director C. Hansen, Public Works Director/City Engineer T. Mathisen, and City Clerk J. Lewis. Mayor Bowman led the Council and audience in the Pledge of Allegiance. II. PRESENTATION The Council received a presentation regarding food shelves serving Crystal from Jan Monroe (representative of NEAR) and Liz Johnson (representative of PRISM). 11111wee11104161 I MITI 1:014 11 Ne-WrIff Hilya.9 The Council considered the minutes from the following meetings in a single motion: • The Council work session from February 12, 2009; ® The regular City Council Meeting from February 17, 2009; and ® Two Council work sessions from February 17, 2009. Moved by Council Member Laurie Ann Moore and seconded by Council Member Hoffmann to approve the minutes of the following Council Meetings, in a single motion: The Council work session from February 12, 2009; The regular City Council Meeting from February 17, 2009; and Two Council work sessions from February 17, 2009. Motion carried. OX ... Mh-,Mft,i�39.d- 1769 Crystal City Council Meeting minutes March 3, 2009 1770 IV. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 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 temporary on -sale liquor license for a fundraising event on April 24, 2009submitted by St. Raphael's Church located at 7301 — 56th Ave N; 4. Approval of a lawful gambling application for an Exempt Permit to conduct a raffle on April 24, 2009 submitted by St. Raphael's Church located at 7301 — 56th 56th Ave N. and 5. Adoption of Resolution 2009-23 approving the purchase of two replacement scoreboards at Becker Park. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the consent agenda. Motion carried. V. OPEN FORUM Anna Hedberg, 6517 — 47th Ave N; addressed the Council during open forum opposing the work order issued (during a point-of-sale inspection) to require hard - surfacing a driveway. 1770 Crystal City Council Meeting minutes March 3, 2009 1771 VI. REGULAR AGENDA 1. The Council considered using charitable gambling proceeds for contributions to NEAR and PRISM food shelves. City Manager A. Norris addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Anderson to approve the use of charitable gambling proceeds for contributions to NEAR and PRISM food shelves in the amount of $1,000 to each respective organization. Voting aye: Bowman, J. Moore, Selton, Grimes, L Moore, Anderson, and Hoffmann. Motion carried. 2. The Council considered a resolution amending the 2008 General Fund Operating Budget. Finance Director C. Hansen addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 24 AMENDING THE 2008 GENERAL FUND OPERATING BUDGET Voting aye: Bowman, J. Moore, Selton, Grimes, L Moore, Anderson, and Hoffmann. Motion carried, resolution declared adopted. WC .... 1771 Crystal City Council Meeting minutes March 3, 2009 1772 Vl. REGULAR AGENDA CONTINUED 3. The Council considered a resolution authorizing PIR expenditure for the purchase and installation of pool drain covers for compliance with the new state and federal pool safety laws. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Mayor Bowman to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 25 AUTHORIZING PIR EXPENDITURE FOR THE PURCHASE AND INSTALLATION OF POOL DRAIN COVERS FOR COMPLIANCE WITH THE NEW STATE AND FEDERAL POOL SAFETY LAWS By roll call and voting aye: Anderson, Bowman, Hoffmann, Selton, and J. Moore; Voting nay: Grimes and L. Moore. Motion carried, resolution declared adopted. 4. The Council considered a resolution approving PIR expenditure for the purchase of a replacement 1994 One -Ton Dump Truck for the Utilities Department. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 26 APPROVING PIR EXPENDITURE FOR THE PURCHASE OF A REPLACEMENT 1994 ONE -TON DUMP TRUCK FOR THE UTILITIES DEPARTMENT Voting aye: Bowman, J. Moore, Selton, Grimes, L Moore, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 1772 Crystal City Council Meeting minutes March 3, 2009 1773 VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) The Planning Commission and City Council will participate in a joint work session on Monday, March 9 in the Community Room at City Hall. This work session will immediately follow the regular Planning Commission Meeting. b) The annual appreciation dinner for city volunteers serving on boards and commissions will be at the St. Petersburg Restaurant at 5:30 p.m. on Thursday, March 26, 2009. RSVP by March 19 to (763) 531-1118, as late registrations cannot be accepted. c) The next City Council Meeting will be at 7:00 p.m. on March 17 in the Council Chambers at City Hall. FAB IFTATROWU -.04ON KA 1i FO H Moved by Council Member Selton and seconded by Mayor Bowman to adjourn the meeting. Motion carried. The meeting adjourned at 7:48 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 1773 Crystal City Council Work Session minutes March 3, 2009 1774 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 8:00 p.m. on Tuesday, March 3, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Grimes, J. Moore, Selton, Anderson, Bowman, Hoffmann, and L. Moore. STAFF: City Manager A. Norris, City Attorney M. Norton, Police Deputy Chief S. Fealy, Public Works Director/City Engineer T. Mathisen, and City Clerk J. Lewis. OTHER: Diane Spector, Shingle Creek Watershed Management Organization Engineer with Wenck & Associates II. AGENDA The Council and staff discussed the following agenda items: ® Alley speed bump policy ® 639 Wetland Work Plan (SCWMO) ® Who will preside over the Regular City Council Meeting on March 17, 2009? 111. ADJOURNMENT The work session adjourned at 9:39 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\Council\Minutes2009\min3-03-09wsafter.doc -1774- Crystal City Council Work Session minutes March 9, 2009 1775 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 9:25 p.m. on Monday, March 9, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The finance director recorded the attendance with the following members: COUNCIL: Grimes, Selton, Anderson, Bowman, Hoffmann, and L. Moore. ABSENT: J. Moore STAFF: Finance Director C. Hansen and Police Chief J. Banick II. AGENDA ® The Council and staff discussed the 2009 Budget 111. ADJOURNMENT The work session adjourned at 10:15 p.m. ReNae J. Bowman, Mayor ATTEST: Charles Hansen, Finance Director G:\Council\Minutes2009\min3-09-09ws.doc -1775- Crystal City Council Meeting Packet March 17, 2009 VII. '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 $15,000 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 lawful gambling application for an Exempt Permit to conduct Bingo on July 24-25, 2009 at Becker Park during the Crystal Frolics submitted by New Hope Lions Club; 4. Approval of PIR expenditure for the purchase of a used Street Department Replacement Roller; 5. Approval of a special permit for wine and beer at the Crystal Community Center on April 11, 2009 submitted by Lam Rasrvong for a Laotian New Year Celebration; and 6. Acceptance of the resignation from William Gentry of the Parks & Recreation Commission. 11' ANIMAL KENNEL Susan Smith 4515 Douglas Dr N Crystal, MN 55422 Sharon Buscher 5817 Elmhurst Ave N Crystal, MN 55428 GAS INSTALLER Airics Heating LLC 16067 310th St New Prague, MN 56071 Flare Heating 9303 Plymouth Ave N Golden Valley, MN 55427 Schulties Plumbing Inc 1521 94th Ln NE Blaine, MN 55449 Swift Mechanical Inc 3404 Victoria St N Shoreview, MN 55126 Twin Peaks Heating & A/C 1290122 1 " Ave NW Elk River, MN 55330 United Heating & A/C 1295 Hackamore Road Medina, MN 55340 PLUMBER City View Plumbing & Heating 1880 B W Wayzata Blvd Long Lake, MN 55356 Schulties Plumbing Inc 152194"' Ln NE Blaine, MN 55449 RENTAL — NEW 4023 Adair Ave N — Nicholas Ellering (Conditional) 4366 Colorado Ave N — Richard and Diane Donnelly (Conditional) 3425 Major Ave N — William Feist (Conditional) 5704 Orchard Ave N — Andrew and Lillian Moris (Conditional) 5812 Quail Ave N — Gary Bachman (Conditional) 5609 Twin Lake Ter — Dennis Kowalski 4312 Welcome Ave N — Al Stobbe Homes Inc (Conditional) 5234 Welcome Ave N — Keota Xiong (Conditional) 4940 West Broadway - Bounleuang Kataviravong (Conditional) 3100 Yukon Ave N — Douglas J Cleary (Conditional) 4348 Zane Ave N — Charlotte L. Ley (Conditional) 4427 36th Ave N — HouseHelpers Inc (Conditional) RENTAL — RENEWALS 3005 Florida Ave N — Judy and Eric Bolin 3901 Georgia Ave N — Bruce Lehrer (Conditional) 5936 Jersey Ave N — Geraldine Nagel 5439 Twin Lake Ter — Adam Kurschner 3101 Virginia Ave N — Redeemer Reformed Church 3216 Welcome Ave N — Mindy Grantham for Chris Nelson 5225 Xenia Ave N — DBS Properties LLC c/o Midwest Realty Services 5509 Yates Ave N — Scott and Amanda Ficek (Conditional) 3149 Yukon Ave N — Community Involvement Programs (Conditional) 4300 Zane Ave N — Stephen/Lani Farrell (Conditional) 5808 — 5812 36th Ave N — Gregory/Helga Thielen 6629 41St Ave N — Stephen Robbe (Conditional) 532153 d Ave N — Roger Gilmore (Conditional) 491256 th Ave N — Apham and Janel Nnaji (Conditional) 561056 th Ave N — Khue Dang (Conditional) 1 of 2 3/13/2009 SIGN DANGER Signminds Inc 1400 Quincy St NE Mpls, MN 55413 Universal Signs Inc 1033 Thomas Ave St Paul, MN 55104 TREE TRIMMER Tim's Tree Service 1760 Cty Rd 92 Independence, MN 55359 2 of 2 3/13/2009 DATE: March 12, 2009 TO: Anne Norris, City Manager City of Crystal City Council FROM: Charlie Hansen, Finance Director RE: Expenditures over $15,000 Payee Description Amount IRS Social Security/Medicare - Federal Tax W/H P/R 03/06/09 53,378.73 PERA PERA P/R 03/06/09 Employee/City Contributions 40,475.24 Centerpoint Energy January Service 16,881.94 Elk River Ford Inc Purchased 2009 Ford F150 Pickup 210/7573 27,772.40 Golden Valley JWC January Watercosts 102,267.18 LMCIT 1st Qtr 2009 Workers Comp 32,037.00 SEH Inc Phase 10 Street Reconstruction Bid Preparation 76,054.79 Logis January Support & Services 42,249.36 Luther Brookdale Chevrolet Purchased 3 - 2006 Chevy Malibu Vs 56, 57 & 58 25,139.85 West Metro Fire -Rescue Dist March Fire Budget Allocation 91,784.94 508,041.43 GABronda\Accts PayableThecis over I5,000.xis Minnesota Lawful Gambling LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. Page 1 of 2 9/08 Fee is 0 for each event For Board Use Only Check # ORGANIZATION INFORMATION Organization ge Previous gambling permit number ,e -7/ AA -op,,5- Lolv-c, Y-OQ 40-02-001 Type of nonprofit organization. Check one. [K Fraternal D Religious [Klveterans [Cl other nonprofit organization Mailing address city State Zip Code County .5-JW7 Ylu—& ya:)R-p Ale) Vi -A) 48—F-5 NA .509S' h%rIVA/9- Name of chief executive officer (CEO) Daytime phone number Email address L&F-Z AIFL—<&QAJ 76 DAKSO Attach a copy of ONE of the following for proof of nonprofit status. Check one MAI. 41S Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Dont have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 FKJI IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. Fill IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. INIRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Affcj�--E pe Address (do not use PO box) city Zip Code County 4,2Z-5 S6 7-9a.2,E A/c) Date(s) of activity (for raffles, indicate the date of the drawing) ela'L e2 4to < - -- 77u-1- Y- ?ooci Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* Raffles [] Paddlewheels* F] Pull -Tabs* M Tipboards* Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Page 2 of this form. Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Print Form To find a licensed distributor, go to www.gcb.state.mn.us and click on List Reset Form of Licensed Distributors, or call 651-639-4076. ;02 Page 2 of 2 9/08 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check (X) the action that the county official must check (X) the action that the county city is taking on this application and sign the is taking on this application and sign the application. A application. township official must also sign the application. _The application is acknowledged with no waiting period _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). _The application is denied. Print city name On behalf of the city, 1 acknowledge this application. Signature of city official receiving application The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print county name On behalf of the county, I acknowledge this application. Signature of county official receiving application Title Date / / TOWNSHIP: On behalf of the township, I acknowledge that Title Date / / the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.213, subd. 2)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and retymed to the Board within 30 days of the date of our gambling activity. Chief executive officer's signature, Complete a separate application for epch(,dambing activity: - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: a copy of your proof of nonprofit status, and $50 application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Data privacy. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the Information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, Date Financial report and recordkeeping required A financial report form and instructions will be sent with your permit. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4076. _Print Form_ Reset Form the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information you provide will be private data until the Board issues your permit. When the Board issues your permit, all of the information provided to the Board will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of Information after this Notice was given; and anyone with your consent. COUNCIL STAFFREPORT ry of' PIR Purchase of Used Replacement Rollea FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for March 17 City Council Meeting) DATE: March 11, 2009 RE: Upgrading 1990 Roller Initially, there was $30,000 in the adopted Street Department 2009 PIR budget to retire a 1990 Wacker 1 -ton vibratory roller/compactor. That amount was subsequently reduced to $22,000 as part of the recent 2009 budget adjustments. The intent was to purchase a used one for the lower amount rather than a new one. The replacement roller would be an upgrade to a 3 -ton which will be more compatible with the new paver purchased several years ago. Last week, Street Superintendent Mark Gaulke saw that an identical used roller was going to be for sale at a local area equipment auction. He was the successful bidder for a total of $10,117.50 tax included. An identical 2005 CAT Model CB -224E with similar hours is currently for sale at an equipment dealer for $23,000. It is recommended the Council approve the purchase of the used roller. Respectfully su i T. Mathisen City Engineer/DPW I:pubworks/equipment/2009/Roller CAT 3 -ton This application must be approved by the City Council. Please allow two weeks to process your request. The City Council meets on the first and third Tuesday of each month. Applicant: City of Crystal Application for Special Permit For: Use, Consumption, and Display of Wine and Beer in a Crystal Park or Related Facility in the Park Home Phone: /I S7- ( - CE- r I Sx "!) -y— 9' Address: Cell Phone: Liability RequirementsK--- Are you a Business Partnership, Club, Corporation - fit Association? I k Yes. You are required to attach a certificate of insurance showing current liability insurance naming the City of Crystal as an additional insured and date of 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 of Crystal as additional insured. Security Requirement (for Community Center reservations only) Applicants renting a room at the Crystal Community Center (CCC) must hire one police officer per 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: Purpose of social event or nature of activity proposed: pj�k/ / C412 13 7-/ C Name and Address of park or city building where event will be held: Date of Activity: Maximum Number of Persons Expected to Attend: //160 Hours of Use (not to exceed 12 hours): From: to 1-'2,-6r6 Application for Special Permit For: Use, Consumption, and Display of Wine and Beer in a Crystal Park or Related 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 ng 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 Date _:3 To - 651437 7 PIAR-06-2009 18:22 From: M 0-3/06/2009 11:21 6514372777 1 Application for Special Permit For. Use, Consumption, and Display of wric and Beer in a Crystal Paw or Related Faoillty Page 3 of 3 AdditionakA Ineured Special Event Endorsement for ihomeowners only 1completed bY Insurance Company Representative) epresentative) Insurance Company: Policy NumWr: -Name insured: LAO— Name of Additional Insured. City OLQU031, al l 0—o-u-plas Drive North. Crystal. MN 554" .f. 2 Additional Insured Interest: LA-ib'i 4 Location of Event: Coverage Limit Uability. Coverage period begins and ends at 12-01 AM Standard Time at the above designated location. Effeckve Date: It - bi - !��JA — Expiration Date-, Other Information pertinent to this special onciorspment. V Signatu representative 66-1- � 4' PDX Phone number of authorized representative Date PAGE 03 1`1RR-06-2009 18:23 From: To:6514372777 13,5.5 R -D-. CERTIFICATE OF LIABILITY INSU� BATE (Bgq(DD1 PRooUe�R 651-426-0408 Mann Inthaly #14487 THIS CERTIFICATE IS ISSUED AS rYYY) 03/06/2009 Country Financial A MATTER OF INFORMATION ONLY AND -CONFERS NO RlrH7s UPON THE CERTIFIC ATE HOLDER, THIS CERTIFICATE DOES 4637 White Bear Parkway NOT AMEND, EXTEN ALTER THE COVERAGE AFFORDED $y TPIE D OR POLICIE8 BELOW. White Bear Lake, MN 55110 INSURERS AFFORDINQ COVERAGE_ _aa Buddhism AssgClatic�n Of Minneaot3 IM MAIC PORFRCou`r�try Financial --- d575 143rd Street NW ,A_ -• Aontioefl4 MN 55362 INf.IiRFH(: INS.IHERD COVERAGES THE POLICIES OF INSURANGF LISTED BELOW HAVE 3$CN ISSUED TO THE IAfiLIgEp NAMED ADOVE FOR T HI: 1, 1' ryER10O ANY REQUIREMENT, I ERM OR CONDITION OF ANY CONTRACT aZ OTI MAY PERTAIN. THE INSURANCE RECORDED BY THE POLICIES. AOGREGgTr LIMrrS SHOWN MAY HAVE I1NpICATED. NOTY11THyTANDING IER DOCUMENT WITH RESpCCT TO WrylrrW TNIS �ERTIzATE c PL)l.Itv1�5 pESCRIBED HEREIN IS SU8JEC1 IO ALL THE TCRM3, E1CL 1CTFITI ICA CONDITIONS I BEEN RCDUCED BY P Ec ) B- IS8UED 4r2 AIUClAIh1S. T1_ pFOFINsaRAhGE _—� I G@NERAL LLABILITY OF SL)GH POLiCYNUMBER �CLICYEFPECriv2 P(tLICYGIFfFAT,pN " DATF�1fyAilttu)Y YI a rI`Mr -- I LIMIT$ COMa1Ekt:IA1 q1-M-HALLIAI4ILI1Y U((a•I[,1;•CI�p,R£NCE S _ , CO,U '.. ` UaMAGE'r6 Mti.NT—„ . ED CWM.:iMAUF OCCUR, PR EDrr-:vralten�,_•_, , 100,001 I _ i AS9000535b!CU LXP{Ay IY,,,,U Pc,nm) I S 1LQ( 1/U1/204$ 11IC1/20U9 -P-`)0NALrxADVINjury I"$ 1,000,`00( GCNLAGGRCGATGLIbRIAPhtIEBPER.GEI'X'FLALAGGREGAtti-�S 1,OU0_CO( 1/IPOLICY Prt6' I PRDDUC`S-COMPIOFA4C g 1,UD0,00( AUTOMOBILE LIABILITYANY AUTO ('I,1u61NED SINGLE LIMIT ALLOVVNEDAUTOS tGGQ umt') S �— SCHEDULEDAUTOS I}ODILYINjURt- HIREDAUTLI.S � P?' ?ulxun. 8 -, NONOWNE0 ALI ION BOD11 vNX)HY i _ GARAGCLIABILITY PRQ,: LH IV DAVAGE Ind! UUMMII S ANY AUTO AUtOONLY . EAA"iorq( ' S i ExgE89IUMBREL:ALIABIWTY 'j (IIHpK THAN EAs,CC $ Au'OOhL _ �- AG�.S _ j 6KS:UH CLAMS MADE i (— EACPIG(;('U.�ENCE- .•Af GRFJAVE S -� iDEDUCTIBLE i RETEli710N S I """' S WORKFR$CC%LrEN$ATi -. I -- .�.. -------.--. EMPLOYERS' LIABILITY -ANO OFFICER/MEMBER EXCLUOCM XECUTIvE DESCRIPTION OF OPCRATIONS (LOCATION./ 11EH10LE9 /EXCLU910NSAGDCD DY kdditlonal Insured is the some as CMrtificate Halder. Sty of crystal 141 Douglas Drive North rystal MN 55422 E L. EAGHA(:riIDENT S Fr DI;CP@L-EAEMPLDYEEI Sr __- NRrIVIWONS SIfOULu ANY OF THE ABOVQ R@5CRIBEDPOLICIF.$ BE CANCr4jpgI:FORE TH�EXP N DATE INEREOF, THE ISSUING INSURER WILL ENDEAYoa YO MAIL 1 NOTICE T•O THg CERTIFICATE 14OLDER EO T OA1$ WRITTEN $HALL r!� me L Jam) ,BUT FAILURE TO DO SO $HALL IMPOSE NO OBLIGATION OR LIABILITY , AHY 1SINp tA'jdN THE IN9URC•R, I19 AGENTS dR REPRBBPNYAT(vca A iii l ! 1886 Page 1 of 1 Janet Lewis From: Gene Hackett Sent: Wednesday, March 04, 2009 8:53 AM To: Janet Lewis Subject: FW: Commission Resignation Just got this from Bill Gentry — so we still have an opening if the other 2 are accepted.... From: bill@billgentry.net [mailto:bill@billgentry.net] Sent: Wednesday, March 04, 2009 6:47 AM To: Gene Hackett Cc: 'Lori Merriam' Subject: Resignation Gene/Lori, This is an email that I hate to write, but after several weeks of evaluation, I decided that I need to resign for Crystal's Park and Recreation Advisory Commission. I thought I could be involved for one more term but due to declining health reasons, I feel that I can not do justice to the obligations of the Commission. I should make room for someone with more energy and -time to serve Crystal in the manner it deserves. I shall always cherish the years I spend working with the Commission. It gave me a great sense of satisfaction and pride being part of the community. 3/4/2009 Crystal City Counci' Meeting Packet March 17, 2009 VIII. PUBLIC HEARING 1. The Council will receive public comment for the Phase 10 Public Improvement Hearing - Parkside Acres Townhomes- Street Reconstruction Project #2008-10. 11 we FROM: Tom Mathisen, Public Works Director/City Engineer TO: Anne Norris, City Manager DATE: March 11, 2009 RE: Conduct Public Hearing for Parkside Acres Welcome Street Reconstruction Project #2008-10 At the February 17 Council meeting, the Council ordered a public hearing for the residents of Parkside Acres, the reasons for which are discussed below. The hearing was set for March 17. Parkside property owners have been properly notified via first class mail and publication in the Sun Post. At the time of the hearing a brief presentation will be made by staff and comments will be taken from interested property owners and residents. Other than the hearing, no other official action is necessary by the Council since the project has already been ordered. The hearing to order the above project was conducted and passed on November 6, 2008. At that time, the Parkside Acres Townhome Association was properly notified of the hearing. It was anticipated that the assessment for the Association's frontage on 47th Avenue would be managed by the Association. The Association has since requested that the City assess each individual property owner in the Association. It is therefore necessary to re -notify all of the individual Parkside owners and conduct a separate hearing for those owners only. The method of calculating the assessment for that portion of the project has also been modified. Instead of calculating the amount based on a multi- family/commercial property basis, the assessment has been recalculate based on an equivalent single family/duplex front footage basis. This will result in a reduction of the original proposed amount from $50,402.34 to $43,796.80. The result will be a $1,094.92 assessment for each of the 40 units in the Association. Upubworks/projects/phasel 0/parksidehearingmem Crystal City Council Meeting Packet March 17, 2009 X. REGULAR AGENDA 1. The Council will consider appointing Luke Reisdorf to the Environmental Quality Commission for a partial, three-year term expiring December 31, 2011. 2. The Council will consider Application 2009-02 for a Conditional Use Permit to have outdoor storage at 7350 — 32nd Ave N. 3. The Council will consider authorizing an application to consider amending City Code pertaining to telecommunications. 4. The Council will consider the Phase 10 bids and two resolutions relating to the Welcome Street Reconstruction Project #2008-10; A) ordering the hearing for the proposed assessment and B) declaring the cost to be assessed and ordering the preparation of the assessment roll. 5. The Council will consider a resolution approving a cost-sharing agreement for the Wetland 639 Feasibility Study. AW V COUNCIL STAFF REPORT C71 - f RYSTAL Regular Agenda: Appointment to the EQC FROM: Janet Lewis, City Clerk t/ DATE: March 12, 2009 TO: Mayor and Council Members City Manager The City has three vacancies on the Environmental Quality Commission for at large members. There is one additional application on file for the EQC. Another interview is scheduled on Monday, March 23. The City has informed the public about the vacancies through multiple postings in the City Newsletter, City website, and Sun Post. The applicant was interviewed by Mayor Bowman, Council Member J. Moore, and Vice Chair Commission Janice Jorgens on February 19. They recommend the appointment of Luke Reisdorf to the EQC. His application is attached. Council Action Requested Appoint Luke Reisdorf to the EQC for a partial three-year term expiring December 31, 2011. GAOFFICE MANAGEMcommissions\Council Staff Report Form Lewis—EQC.doc Advisory Commission Interviews Master Schedule Thursday, February 1 6:30 p.m. Crystal City Hall Conference Room El Environmental Quality Commission Interview Panel: Mayor ReNae Bowman and EQC Vice Chair Janice Jorgens (Council Liaison Garry Grimes is not available) Purpose of commission: Advise the city council in matters relating to conservation of environmental resources, environmental policies, promoting public education and awareness to environmental issues in the city. Current vacancies: Three K�, k"A.TJ 144TA I -LINIeftAill-F-ffif Is] Ll I 6:30 — 6:45 p.m. Luke Reisdorf 4528 Welcome Ave N rt Please indicate your recommendation for reappointment: Yes I No fs-re applicant available to attend a council meeting to receive his/her appointment? The EQC will meet on Thursday, February at 7:00 pm. in conference room A at Crystal City Hall. GAOFFICE MANAGERIcommissions\lnterviewXCommissionappointmentinterviewsMasterSchedule.doc Page 1 of 3 CITY OF CRYSTAL APPLICATION FOR BOARDS & COMMISSIONS ( )Bassett Creek Watershed / )Charter Commission ( ) Employee Review Board Environmental Quality Commission ( ) Planning Cononn|aoion ( ) Parks & Recreation Commission ( \ Human Rights Commission / )Northwest Hennepin Human Services Council / \ Shingle Creek Watershed ( \Other @R *Ho[OePhoD — ^ °E08i| 3. How long have you lived Edthe City? Work Phone 5. Education (please indicate highest gr@de completed o[highest deO[ee8Od majorCOU[8e 6. Wh,at skills do, you have that you feel would benefit the City? 7. Why do you want to serve on this commission? «�^ = 9. What other civic activities are VOU involved in? 10. Have you served ODany City commissions O[boards iDthe past? (Fee/ free to attach resume Orletter ifnecessary *Under the law, some information contained in this application is private data. With your permission, this information will belisted onacommission roster. The purpose ieoocommissioners, cityofficia|a.andthe public will beable hocontact you. There ionoconsequence for refusing tusupply this information. PYeooa turn this form over and sign the release form. Please turn over C:%Docurnenmand SettJngsNjhofseth\mca1 SettingsWe"porary Internet s/02 UR City of Crystal Boards * Commissions Effective August 1, 2005 and in accordance with the Minnesota Government Data Practices Act, the City of Crystal is required to receive your consent before releasing any information about you that is classified as private data. Private data is information that is not available to the public. The City may be asked to provide private information about you to the public (newspapers, civic organizations, etc.) and to individuals who wish to contact you directly. Although this information is available from other sources, such as the phone directory, the City is NOT allowed to disseminate any private data about you without your permission. This release will be in effect as long as you serve on the City board or commission and can be changed upon your request at any time. (Please note that if you are appointed to a commission, a phone number, mailing address, and email address will be included on a roster.) I authorize the City of Crystal to disclose my home address, phone number, and email on a commission roster if appointed to such commission. Printed Name: Z,(-ik4Z- Signature: Return application to: City of Crystal City Clerk 4141 Douglas Dr N, Crystal, MN 55422-1696 or fax to (763) 531-1188 Date: a C: `,J Date: I1 ( ce Flies\OLKg\boardscomissionsapplication.doc 2/02 CADocuments and Settings\jhofsethlLocal SettingsWemporary Internet CIxITYGi W ; �J ICR STA 11*-- Y L -J ra-Mhl FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director 1/4 r DATE: March 12, 2009 TO: Anne Norris, City Manager (for March 17th City Council Meeting) SUBJECT: Application 2009-02 for a Conditional Use Permit to allow outdoor storage at 7350 32nd Avenue North. Ill -,: YTITA KC] ZT61 I I �, I The subject property is zoned 1-1, Light Industrial. Midwest Molding and Manufacturing occupies 10,286 square feet of the building and intends to use a portion of the parking area as outdoor storage for its finished product, "green" landscape pavers. Outdoor storage is permitted as an accessory and subordinate use, which requires a conditional use permit under 515.53 Subd. 4 d). Notice of the public hearing was mailed to property owners within 350 feet of the property and published in the Sun Post on February 26, 2009. The Planning Commission held the required public hearing on March 9, 2009. The following Exhibits are attached: A. Aerial photo showing the location of the subject property. B. Narrative submitted by applicant. C. Site plan submitted by applicant. D. Floor Plan B. STAFF COMMENTS nonECIAiTl T -A% I Is] i! Midwest Molding and Manufacturing occupies 12,286 square feet of the existing building, with 9,073 square feet used for manufacturing and warehouse space, and 1,213 used for office space. CONDITIONAL USE PERMIT — MIDWEST MOLDING AND MANUFACTURING — 7350 32ND AVE N Page 1 of 4 The overall site currently has 111 striped parking spaces and room for approximately 48 spaces along the north property line that are not striped. Code requires 120 spaces for the site based on 1 space required for each 500 sq. ft. of the building's 60,000 sq. ft. gross floor area. The outdoor storage area would eliminate 17 parking spaces. These spaces must be relocated to somewhere else on the site. Also, 9 additional spaces must be designated somewhere on the site to provide the required 120 spaces. Parking spaces must be at least 9 feet wide and 18 feet long, with drive aisles at least 24 feet wide. The obvious solution would be to designate the required additional spaces in the already hard surfaced area along the north side of the property 2. SPECIFIC CONDITIONAL USE PERMIT REQUIREMENTS The proposed use described in the narrative and site plan would comply with city code if a Conditional Use Permit is approved for the outdoor storage. The proposed outdoor storage would comply with required conditions listed in 515.49 Subd. 4 d): The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. The outdoor storage area is currently bituminous and will be designated by fencing. The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. The storage area is 2,754 square feet which is 30% of the principal use and 2% of the property. The storage area is fully screened from any adjacent property including public right-of-way. An eight foot chain link fence with vinyl screening will surround and contain the outdoor storage area. The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. Items to be stored outside would be landscape pavers and other similar materials that are designed to be used outdoors. The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. An eight foot high, chain link fence with vinyl screening would surround the storage area. Items shall not be piled higher than the screening fence. The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. CONDITIONAL USE PERMIT — MIDWEST MOLDING AND MANUFACTURING — 7350 32ND AVE N Page 2 of 4 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1 The consistency of the proposed use with the comprehensive plan. The property is guided for industrial uses; the proposed outdoor storage would be consistent with the plan. 2) The characteristics of the subject property as they relate to the proposed use. Provided that (1) 26 new parking spaces (17 replacement + 9 additional) are designated elsewhere on the property in accordance with city code, and (2) the blue dumpster on the west side of the building is either removed from the property or enclosed as required by city code, the characteristics of the property are appropriate for and can accommodate the proposed use. 3) The impact of the proposed use on the surrounding area. Provided that the outdoor storage area is screened by the fence as proposed, it would have no adverse impact on the surrounding area. Section 520 (Site Plan Review) does not apply because the proposed use would not involve building additions or other constructions triggering the requirements of that section. At its meeting on March 9, 2009 the Planning Commission voted 6-1 to recommend approval for a Conditional Use Permit to allow outdoor storage as an accessory use at 7350 32nd Avenue North, subject to the following conditions: The currently hard surfaced outdoor storage area shall be enclosed with an 8 foot high chain link fence with vinyl screening slats to provide adequate screening. 2. The items being stored shall be limited to those typically found outdoors and constructed of materials appropriate for outdoor weather conditions. No other outdoor storage of any items shall be allowed. This includes, but is not limited to trailers, junk and other materials and equipment. 3.. Any new signage requires a permit prior to installation. 4. 26 new parking spaces shall be striped, in accordance with City Code, along the north side of the property. 17 are necessary to replace the spaces being lot for outdoor storage, and nine are necessary to ensure CONDITIONAL USE PERMIT — MIDWEST MOLDING AND MANUFACTURING — 7350 32ND AVE N Page 3 of 4 that the property as a whole provides the minimum required parking of 120 spaces. 5. The blue dumpster located on the west side of the building must be removed or a code compliant dumpster enclosure must be constructed and the dumpster placed within it. Plans for the enclosure must be submitted for review and approval by city staff prior to any work being done. SUGGESTED FINDINGS OF FACT: The proposed outdoor storage use would be consistent with the requirements of city code, provided that all of the conditions of approval contained in Section C of the staff report are met. City Council action is requested. CONDITIONAL USE PERMIT — MIDWEST MOLDING AND MANUFACTURING — 7350 32ND AVE N Page 4 of 4 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map ® Tax Year. 2008 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this Information or Its derivatives. Selected Parcel Data Parcel ID: 20-118-21-24-0019 Owner Name: CORE MPLS PORTF T LLC ETAL Parcel Address: 7300 32ND AVE N , CRYSTAL, MN 55427 Property Type: INDUSTRIAL -PREF Homestead: NON -HOMESTEAD Area (sgft): 140577 Area (acres): 3.23 A -T -B: ABSTRACT Market Total: $3,500,000.00 Tax Total: $118,011.34 Date Printed: 2/19/2009 7:55:13 AM Current Parcel Date: 2/4/2009 Sale Price: $0.00 Sale Date: / Sale Code: http://gis. co.hennepin.nm.us/HCPropertyMap/Locator. aspx?PID=2011821240019 02/19/2009 Project Description: We are starting a new business named Midwest Molding & Manufacturing, Inc. to do plastic injection molding. The reason we are starting this business is because of a large contract we have obtained to manufacture 'green' landscape pavers. These pavers are made of 95% recycled material, recycled tires and recycled plastic. Examples of applications where the pavers are used are driveways, sidewalks, patios, etc. These applications are being used by commercial, residential and municiple customers. We do not have enough storage space in our building for finished product so we need outside storage for finished product. We will be putting the completed pavers on pallets that are ready to ship to customers and need to space to store them outside. The property has space for a total of 159 parking spaces. We would like to erect a fenced area in the north west corner of the property along the west property line, using 17 parking spaces. The fenced area would be fully screened. EXHIBIT B ( esu g.ge z 0 > --i 9 m -1 m g in igi , 6 z6 g0 0 'T, spam 'U 0-1 z z p"!0 I— > a. Z All mo 0 ea zo((n, agem x 0 >0 m US m Z cn irn M, > z O > c z (on 13 5M -'a m PENNSYLVANIA AVENUE NO. (----T-- -------------------------------- --------- ----T------------------------------------------- ----- ---I---- s 0 LINE R R in C MPANY M OWNER MPLS NORTHFIELD SOU MERN R R \ '; EXCEPTION N 0*53'42" E331 83 9-F53-427 T-- -i9-8 13i IRS Ir 7—L RC1 I + 4r- x 131 9 cra E QI ---- it mOL Z ;rj A. m H z 0 'AR Cn f 0 m + Ed abi X Exhibit A COUNCIL STAFF REPORT CIT!Y�l [CRYSTAL Telecommunications Towers FROM: John Sutter, City Plan ner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: - March 12, 2009 TO: Anne Norris, City Manager (for March 17, 2009 meeting) SUBJECT: Consider authorizing an application to consider amending City Code regulating the location of telecommunications towers In late spring 2008, T Mobile approached the city about leasing a site in Bassett Creek Park for placement of a 75 foot tall monopole telecommunications tower. City code currently prohibits this sort of facility. Specifically, the code only allows telecommunications towers on 1-1 zoned property (as a permitted use) and on C-2 zoned property in the Comprehensive Plan's West Broadway/Hwy 81 mixed use area (as a conditional use). The code was drafted in the mid-1990s, at a time when towers were generally taller and more obtrusive than some of the newer designs. Over the past 10 years, demand for telecommunications service has become very widespread, and at the same time the technology and facilities have evolved in a way that allows for much shorter and less obtrusive towers. As a result the industry is seeking a greater number of sites to place this newer style of shorter, smaller tower. At the direction of the City Council, in summer 2008 staff drafted changes to Section 515.21 of city code to allow telecommunications towers by Conditional Use Permit in all zoning districts, subject to significant restrictions and limitations. At its meeting on August 11, 2008, the Planning Commission discussed the proposed changes, suggested modifications, and continued the public hearing to its September 8, 2008 meeting at which it recommended approval. On September 16, 2008, the City Council approved first reading of the ordinance recommended by the Planning Commission. Upon consideration of second reading on October 7, 2008, the Council continued the matter and directed staff to come up with more restrictive options. At its October 21, 2008 meeting the Council reviewed "Option A" and "Option B" which would have been more restrictive than the ordinance recommended by the Planning Commission (although less restrictive than the code currently in effect). The Council did not take action, directed staff to bring the matter back to the Council in 2009, and on November 7, 2009 voted down second reading of the ordinance. PAGE 1 OF 2 On March 9, 2009, the Planning Commission and City Council held a joint work session to revisit the issue and discuss the pros and cons of various approaches. Commissioners and Council members agreed that the ordinance should be changed in some way but there were differences of opinion as to the specific changes desired. Members expressed their opinions about key questions to guide staff in preparing options to be considered. If the Council authorizes the application to consider a zoning ordinance text amendment, then three options would be presented in full detail for consideration by the Planning Commission and City Council, as discussed at the joint work session: ® Changes similar to those rejected in fall 2008 ® Allowing towers only at the largest park and school properties ® Not allowing towers at parks or schools at all but allowing them at a wider range of other properties One or more of these options may be modified by the Planning Commission and City Council as the public hearing and deliberations occur. In addition, the Planning Commission and City Council would retain the option of rejecting all three of these, thus leaving the more restrictive current ordinance unchanged. Approval of a motion authorizing the text amendment application is requested. PAGE 2 OF 2 E COUNCIL STAFF REPORT • Phase 10 Assessment Hearing [t K. TAL 2�ysl I C1,17 FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for March 17 City Council Meeting) DATE: March 11, 2009 RE: Consider Resolution Ordering Preparation of Assessment Roll and Ordering Assessment Hearing — Welcome Project #2008-10 Bids for the above project will be opened on Monday, March 16, 2009, and will be tabulated and checked for accuracy. If the bids come in favorably, there is an opportunity to add two or more weeks to the construction season. In addition, if the Council were able to take action on the necessary items at the March 17 meeting, it would be possible to eliminate a potential special Thursday meeting. If the bids come in at or below budget, the Council would be asked to consider the low bid (this does not mean award the contract) and approve the proposed assessment rates. The Council would also be asked to set the date for the assessment public hearing. It is the lengthy hearing notification time and how it coincides with regular and special meeting dates that determines when the contract can be awarded and work can begin. Because the bid opening is not until the afternoon of Monday March 16, the day prior to the council meeting, the Council members will not have an opportunity to review the hard number information prior to the time it is handed out at the meeting. However, sample resolutions without the actual numbers, that the Council could be asked to take action on, are attached for review. If the bids come in high or if some other issue arises, the results could still be discussed but any action could be postponed. Either way, if the Council feels uncomfortable taking action on the 17th, the item would be postponed to a future agenda. The reason for alerting the Council to this opportunity is because this is the largest project undertaken to date, every effort is being made to provide the contractor as much time as possible to complete the work this year. Respectfull b I rn',7ed, Thomas A. Mathisen City Engineer I: Pubworks/Projects/Phasel O/Orderaseshrpremem RESOLUTION NO. 2009 - PROJECT #2008-10 PHASE 10 WELCOME 7 STREET RECONSTRUCTIVPROJECT WHEREAS, by a resolution passed by the Crystal City Council on the 17th day of March, 2009, the City Clerk was directed to prepare a proposed assessment of the cost of improving Phase 10 — Welcome Reconstruction Project pursuant to Minnesota Statutes, Chapter 429 (Act); and WHEREAS, the City Clerk has notified the Council that such proposed assessments have been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1) A hearing shall be held on the 21st day of April in the City Hall Council Chambers, 4141 Douglas Drive, Crystal, at 7:00 p.m., or as soon thereafter as the matter may be heard, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2) The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in accordance with the Act once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total assessable amount for the improvement. The Cleric shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the Crystal City Council this 17th day of March, 2009. Interim Mayor Pro Tem ATTEST: Janet Lewis, City Cleric Publish notice on March 26 and April 2 in Sun Post. I:pubworlc/proj ec is/phase I 0/asseshearres toR t J11110301001124111 ' WHEREAS, pursuant to Minnesota Statutes, Chapter 429, costs have been calculated for the improvement of Phase 10 — Welcome Street Project, and the bid price for such improvement is $X,XXX,XXX and the expenses incurred or to be incurred in the malting of such improvement is $XXX,XXX, so that the total cost of the improvement is estimated to be $X,XXX,XXX. NOW, THEREFORE, BE IT RESOLVED BY THE CRYSTAL CITY COUNCIL: 1. The portion of the cost to be assessed against benefited property owners is declared to be $X,XXX,XXX. 2. Assessments shall be payable in equal principal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of 2 percent plus the bond rate per annum (estimated to be 4.0%) from the date of the adoption of the assessment resolution. 3.- The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the area affected, without regard to cash calculation, as provided by law, and the Clerk shall fill a copy of such proposed assessment in City offices for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the council thereof. Adopted by the Crystal City Council this 17th day of March, 2009. Interim Mayor Pro Tem ATTEST: Janet Lewis, City Clerk i 1p ubworks/projects/phase 10/assesprep ordrres . ......... --T COUNCIL STAFF REPORT TAL Crff bf 639 Wetland Feasibility Study C,SL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for March 17 City Council Meeting) DATE: March 12, 2009 RE: Consider Resolution Approving Feasibility Study Cost Sharing At the March 3 work session, the Council participated in a presentation by Ms. Diane Spector from Wenck and Associates, the Shingle Creek Watershed Management Organization (SCWMO) engineer, on the proposed feasibility study regarding the water quality of the MAC Park 639 Wetland; The attached January 27 letter from the SCWMO provides the details of the proposed study and the need to evaluate the options for reducing the amount of phosphorous leaving the wetland and entering the Twin Lakes chain. The total cost of the study is $120,000, of which 50% will be paid by a grant form the MPGA. An additional 25% will be paid by the SCWMO, with the remaining 25% to be paid by the four cities draining to the wetland and receiving benefit from a future project that would improve the quality of the Twin Lakes chain. The proposed Crystal share of the study is $10,125. It is recommended that the Council adopt the attached resolution authorizing the cost share agreement. Respectfully somitted, Tom Mathisen City Engineer/DPW 1:pubworks/projects/2008/18-17 639 Wetland/Costsharefeasibilitymem reek 'Watershed Management Commission 3235 Fernbrook Lane N ® Plymouth, MN 55447 Phone (763) 553-1144 ® Fax (763) 553-9326 www.shinalecreek.ora January 27, 2009 Mayors and City Managers City of Brooklyn Center City of Brooklyn Park City of Crystal City of New Hope RE: Wetland 639W Restoration Feasibility Analysis City Cost Share Agreement Dear Sir or Madam: This letter conveys to you for your City Council's consideration a cooperative agreement setting forth the cost share distribution for the above referenced Shingle Creek Watershed Management Commission project. The Twin and Ryan Lakes Nutrient Total Maximum Daily Load (TMDL) study approved by the Environmental Protection Agency on November 9, 2007 identified the sources of excess nutrients to this chain of lakes, specified how that nutrient loading would need to be reduced to improve water quality in the lakes to the state water quality standard, and outlined a plan of action to progress toward meeting that standard. The TMDL and previous studies identified a degraded wetland just upstream of Upper Twin Lake as a significant source of phosphorus to the lake. This wetland is located on the east side of Crystal Airport; a portion of this wetland is in "MAC Park," a park and nature preserve that is operated jointly by the cities of Crystal and Brooklyn Center (see Figure 1 of the attached workplan). The entire wetland is known by its DNR wetland inventory number, 27-639W. The restoration of Wetland 639W was identified as a high priority improvement project in the TMDL and the approved TMDL Implementation Plan. The Commission successfully competed for and obtained a $60,000 grant from the MPCA/EPA to complete a feasibility analysis to determine the best and most cost-effective means of reducing phosphorus export from this wetland. The feasibility analysis will: fill in data gaps about the wetland with additional specialized monitoring; identify options for this restoration; recommend the most feasible and cost-effective option; identify and resolve permitting issues; and complete conceptual and preliminary plans and specifications and cost estimates. The feasibility analysis is necessary not only to move the project forward, but also to solicit grant funds for the construction phase of the project. The feasibility analysis will be guided by a Technical Advisory Committee of representatives from the four cities, MAC, and the MPCA as well as representatives from other interested agencies. The $60,000 grant is to be matched by local funds. In accordance with the Commission's cost share policy, the Commission has agreed to contribute 25% or $30,000; the balance of $30,000 is the responsibility of the benefitting cities, defined as the cities that drain to the wetland. The City of Brooklyn Park proposed the cost share shown in the attached July 7, 2008 memorandum. The four cities' staff have agreed that the proposed cost share for the feasibility analysis is generally acceptable at the staff level. On December 11, 2008 the Commission authorized the preparation of a proposed five -party Brooklyn Center • Brooklyn Park . Crystal e Maple Grove • Minneapolis o New Hope • Osseo • Plymouth e Robbinsdale Mayors and City Managers January 27, 2009 Cooperative Agreement whereby each city agrees to contribute its share to the Commission for this feasibility analysis. The agreement and a model resolution are presented to you for your review and City Council consideration. Please note that this agreement establishes the cost share solely for the feasibility analysis. The cost share for construction of a future project will be developed through this feasibility analysis process and then considered by the City Councils as part of a separate cooperative agreement. Enclosed with this letter is the Wetland 639W Restoration Feasibility Analysis Workplan approved by the MPCA and EPA that shows the activities included in this project. The Commission has already authorized completing several of the monitoring activities in 2008, and the Technical Advisory Committee will be convened within the next two months to begin reviewing the collected data and developing restoration options. We appreciate your consideration of this agreement. Questions regarding the agreement may be directed to the Commission's attorney, Mr. Charlie LeFevere, Kennedy & Graven, 612-337-9215. Please submit one copy of the executed agreement and a certified resolution to the Commission's administrator, Judie Anderson, 3235 Fernbrook Lane N, Plymouth, MN 55447. Questions regarding the project may be directed to the Commission's engineer, Mr. Ed Matthiesen, P.E., Wenck Associates, 763-479-4208 or einatthiesen@wenck.com. Sincerely, Tina Carstens Tina Carstens, Chair City of Brooklyn Park Commissioner Cc: Steve Lillehaug, City of Brooklyn Center Gary Brown, City of Brooklyn Park Tom Mathisen, City of Crystal Guy Johnson, City of New Hope ZAShingle Creek\CIPs\2008 Projects\Wetland 639W\L-cities conveying 639W inter -city agreement.doc Brooklyn Center o Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope e Osseo • Plymouth • Robbinsdale RESOLUTION NO. 2009 - APPROVING COST SHARING AGREEMENT WETLAND 639 FEASIBILITY STUDY WHEREAS, the City of Crystal is a member of the Shingle Creek Watershed Management Commission, a Minnesota joint powers watershed management organization created and operating in accordance with Minn. Stat. § 103B.221, et. seq. (the "Commission"); and WHEREAS, Wetland No. 639W, is located in the Cities of Brooklyn Center, Brooklyn Park, and Crystal; and 639W is a major source of phosphorous to North Twin Lake and the restoration of 639W is the highest priority implementation action in the Twin and Ryan Lakes Nutrient TMDL Implementation Plan; and the Cities of Brooklyn Center, Brooklyn Park, Crystal and New Hope are within the sub -watershed of 639W; and WHEREAS, the Commission has secured a $60,000 grant from the Minnesota Pollution Control Agency (MPCA) to conduct the required study to identify and evaluate options to reduce or eliminate phosphorous discharge from 639W (the "Study"); and WHEREAS, the grant from the MPCA will cover 50% of the cost of the Study. The Commission will pay $30,000 (25% of the cost of the Study), and the Commission has requested that the Cities of Brooklyn Center, Brooklyn Park, Crystal and New Hope agree to pay the remainder of the costs of the Study in accordance with a cost sharing agreement (the "Cost Sharing Agreement"); and WHEREAS, the Crystal City Council has determined that it is reasonable, appropriate, and in the best interests of the City to participate in the Cost Sharing Agreement for the payment of the cost of the Study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal as follows: The Council approves the Cost Sharing Agreement and authorizes and directs the mayor and manager to execute the Cost Sharing Agreement. City manager is authorized to take all steps necessary to comply with the Cost Sharing Agreement in accordance with its terms. Adopted by the Crystal City Council this 170' day of March, 2009 Interim Mayor Pro Tern ATTEST: Janet Lewis, City Clerk I:pubworks/projects/2008/18-17 639 Wetland/Costsbarefeasibilityres THIS AGREEMENT is made as of the _ day of , 2009, by and between the cities of Brooklyn Center, Brooklyn Park, Crystal, New Hope, all Minnesota municipal corporations (hereinafter collectively referred to as the "Cities"), and the Shingle Creek Watershed Management Commission, a Minnesota joint powers organization (the "Commission"). 1. BACKGROUND 1.01. The Commission is a joint powers watershed management organization created and operating in accordance with Minn. Stat. § 10313.221, et seq. 1.02. The Cities are among the members of the Commission. 1.03. Wetland No. 639W, is located in the Cities of Brooklyn Center, Brooklyn Park, and Crystal. Wetland No. 639W is a major source of phosphorous to North Twin Lake and the restoration of Wetland No. 639W is the highest priority implementation action in the Twin and Ryan Lakes Nutrient TMDL Implementation Plan. The Cities of Brooklyn Center, Brooklyn Park, Crystal and New Hope are within the sub -watershed of Wetland No. 639W. 1.04. The Commission has secured approval of a $60,000 grant from the Minnesota Pollution Control Agency to conduct the required study to identify and evaluate options to reduce or eliminate phosphorous discharge from Wetland No. 639W (the "Study"). 1.05. The grant from the Minnesota Pollution Control Agency will cover 50% of the cost of the Study. The Commission will pay $30,000 (25% of the cost of the Study), and the Cities have agreed to pay the remainder of the costs of the Study as hereinafter set forth. 2. AGREEMENT 2.01. The Commission will contract for, undertake and complete the work of the Study in accordance with the requirements of the Minnesota Pollution Control Agency through a contract with its consulting engineer, Wencic & Associates. 2.02. Upon receipt of invoices for services from Wencic, the Commission will pay such invoices and invoice the Cities for that part of the Study costs that are not covered by the Minnesota Pollution Control Agency grant or the Commission. Such costs shall be invoiced to the Cities in the following proportions: Brooklyn Center 33.75% Brooklyn Park 16.25% Crystal 33.75% New Hope 16.25% 2.03. The Cities will pay the Commission within 30 days of receipt of such invoices. 2.04. None of the Cities will be charged more, under this Agreement, than the following amounts, without their prior agreement: Brooklyn Center $10,125 Brooklyn Park $ 4,875 Crystal $10,125 New Hope $ 4,875 L\PUBWORKS\Projects\2008\08-17 639 Wetland\CostSharingAgreemen.DOC 2.05. This Agreement may not be amended without the written consent of all parties. 2.06. This Agreement shall be effective on, and shall be dated as of the date it is executed by all parties. IN WITNESS WHEREOF, the parties hereto, by their authorized officers and agents have executed this Agreement to be effective as of the date first above written. And bv: Tim Willson, Mayor Curt Boganey, City Manager [a —I"Q 2-01=616T..4 &Vo a 7.11 .111 0 Steve Lampi, Mayor And by: Jamie Verbrugge, City Manager CITY OF CRYSTAL LM And bv: Interim Mayor Pro Tem Anne Norris, City Manager X#V&SIMI WISA 100 a 0 Kathi Hernken., Mayor And by: Kirk McDonald, City Manager IAPUBWORKSTrojects\2008\08-17 639 Wetland\CostSharingAgreemen. DOC 2