2009.05.19 Council Meeting Packet1. Call to order
2. Roll call
3
9
5.
6.
7.
8.
9.
10
1
Approval of minutes from May 5, 2009 meeting *
CLOSED SESSION: Consider formulating offers to acquire the following properties
on a voluntary basis**
6030 Lakeland Ave N
6043 Florida Ave N
6110 Lakeland Ave N
581756 1h Ave N
580956 1h Ave N
5565 Zane Ave N
5557 Zane Ave N
480056 1h Ave N
482456 1h Ave N
5124 Hanson Ct
5232 Hanson Ct
5240 Hanson Ct
5224 Hanson Ct
5034 Welcome
5035 Welcome
4920 West Broadway
4725 Welcome Ave N
4733 Welcome Ave N
4741 Welcome Ave N
4801 Idaho Ave N
4809 Idaho Ave N
602842 nd Ave N
601642 nd Ave N
600042 nd Ave N
4171 Adair Ave N
3401 Douglas Dr N
3415 Douglas Dr N
3443 Douglas Dr N
3442 Douglas Dr N
3400 Douglas Dr N
3408 Douglas Dr N
3414 Douglas Dr N
3422 Douglas Dr N
6118 34th Ave N
3136 Douglas Dr N
3120 Douglas Dr N
Consider a resolution authorizing the Executive Director to sign documents for
acquisitions**
Consider a resolution authorizing the use of funds from tax increment districts for
4741 Welcome Avenue North*
Consider revisions to the 2009 Work Program to reflect adjusted Neighborhood
Stabilization Program and Community Development Block Grant allocations*
Consider a subrecipient agreement with Hennepin County for the city to receive
federal Neighborhood Stabilization Program funds*
Other business
Adjournment
* Materials attached
** Materials to be distributed either during or following closed session
05/14/09 GAEDAWgendas\2009\05-19.doc
Minutes of the
Crystal Economic Development .Authority
Regular Meeting
May 5, 2009
President Hoffinann called the regular meeting of the Crystal Economic Development Authority
to order at 6:00 p.m.
Upon call of the roll, the following members were present: ReNae Bowman, Garry Grimes,
Mark Hoffinann, Janet Moore, Laurie Ann Moore and Joe Selton. David Anderson arrived
during the closed session portion of the meeting.
The following staff members were present: Anne Norris, Executive Director; Patrick Peters,
Community Development Director; John Sutter, City Planner/Assistant Community
Development Director; Mike Norton, City Attorney; and Stacie Kvilvang, Ehlers & Associates.
Motion by Commissioner L. Moore (Grimes) to approve the minutes of the April 7, 2009 regular
meeting.
Motion carried.
The EDA met in closed session to consider formulating offers to acquire the following properties
on a voluntary basis:
6030 Lakeland Ave N
6043 Florida Ave N
6110 Lakeland Ave N
5817 56t1i Ave N
5809 56t1i Ave N
5565 Zane Ave N
5557 Zane Ave N
4800 56t1i Ave N
4824 56t" Ave N
5124 Hanson Ct
5232 Hanson Ct
5240 Hanson Ct
5224 Hanson Ct
5034 Welcome
5035 Welcome
4920 West Broadway
4725 Welcome Ave N
4733 Welcome Ave N
4741 Welcome Ave N
4801 Idaho Ave N
4809 Idaho Ave N
6028 42nd Ave N
601642 n1 Ave N
600042 n1 Ave N
4171 Adair Ave N
3401 Douglas Dr N
3415 Douglas Dr N
3443 Douglas Dr N
3442 Douglas Dr N
3400 Douglas Dr N
3408 Douglas Dr N
3414 Douglas Dr N
3422 Douglas Dr N
6118 34t1i Ave N
3136 Douglas Dr N
3120 Douglas Dr N
The EDA reconvened at 6:58 PM, at which time President Hoffmann (Grimes) moved to recess
the Regular meeting to after conclusion of the Council Meeting.
Motion carried.
The EDA meeting reconvened at 7:59 PM.
Motion by Commissioner Bowman (Grimes) to authorize the voluntary purchase of
4741Welcome Avenue North for $199,000.
Motion carried.
The EDA considered a resolution authorizing the Executive Director to sign documents relating
to the purchase of real property at 4741 Welcome Avenue North.
Motion by President Hoffinann (Bowman) to adopt Resolution #2009-10 authorizing the
Executive Director to sign documents relating to the purchase of real property at 4741 Welcome
Avenue North.
Motion carried.
Motion by Commissioner Grimes (J. Moore) to adjourn the regular meeting.
Motion carried.
The meeting adjourned at 8:02 p.m.
Mark Hoffinann, President
ATTEST:
Garry Grimes, Secretary
I WIN 0 411111IFN
TO: Crystal EDA
FROM: Patrick Peters, Deputy Executive Director
ow
SUBJECT: Continue discussion of voluntary property acquisition
(for May 19 2009, EDA Special Meeting)
The EDA will hold a special meeting on May 19 to continue its discussion of the
acquisition of various properties on a voluntary basis from willing sellers. The source of
funds for the possible acquisitions is available tax increment from #2150.
As a result of the discussion at the May 5 EDA meeting, staff has prepared various
scenarios for EDA consideration and will make those available at the meeting on
Tuesday. At that meeting, staff will seek EDA direction and authorization for the
voluntary acquisition of properties from the list of willing sellers.
Pursuant to M.S. 13D.05 Subd. 3(c)(1), the EDA may meet in closed session to
determine whether to make a purchase offer, and if so, how much to offer for each of
the properties. Material related to the formulation of offers will be distributed during
closed session.
Page 1 of 1
EDA STAFF REPORT
10 Fr'
cFys"L 4741 Welcome 4-plex - TIF Resolution
I'll, C -
FROM: John Sutter, City Plan ner/Assistant Community Development Director
C
DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director
DATE: May 12, 2009
TO: Anne Norris, City Manager (for May 19, 2009 EDA meeting)
RE: Consider a resolution authorizing the use of funds from tax
increment districts for 4741 Welcome Avenue North
The EDA has authorized the voluntary acquisition of the 4-plex at 4741 Welcome
Avenue North. The EDA would demolish the building, clear the site and hold the land
for undetermined future redevelopment.
As discussed at the May 5, 2009 EDA meeting, staff is recommending that the
acquisition and site clearance of the property be funded from the Housing Replacement
tax increment districts. As a consequence of the use of these funds, future
redevelopment of the property would be subject to income restrictions on some or all of
the housing units. For owner occupied units, households with 1-2 people would have to
be below 100% of Area Median Income (AMI), and households 3+ people would have
to be below 115% of AMI. For rental units, either at least 20% of the units would have to
be occupied by households below 50% AMI or at least 40% of the units would have to
be occupied by households below 60% AML
Just in case it is later determined that the best approach would be to use funds from
Redevelopment TIF District #1 instead of funds from the Housing Replacement
districts, the EDA could concurrently authorize the use of those funds.
Staff recommends adoption of the attached resolution that would allow the EDA to seek
reimbursement from the Housing Replacement tax increment districts or
Redevelopment TIF District #1 for the acquisition and site clearance of 4741 Welcome
Avenue North. EDA action on the attached resolution is requested.
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
RESOLUTION NO.
APPROVING THE TERMS OF INTERNAL LOAN
IN CONNECTION WITH ACQUISITION OF CERTAIN PROPERTY
IN REDEVELOPMENT PROJECT NO. 1
BE IT RESOLVED BY THE BOARD OF COMNIISSIONERS OF THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA (THE
"AUTHORITY") AS FOLLOWS:
Section 1. Background.
1.01. The Authority and City of Crystal ("City") have established Tax Increment
Financing District No. 1 ("TIF District No. 1 ") and Housing Replacement Districts Phases I and II
(the "Housing Replacement Districts") within Redevelopment Project No. 1 (the "Project"), and has
adopted tax increment financing plans ("TIF Plans") for TIF District No. 1 and the Housing
Replacement Districts, pursuant to Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIF
Act") and Laws 1995, Chapter 264, Article 5, Section 46 and Laws 2008, Chapter 366, Article 5,
Section 20 (the "Special Legislation").
1.02. Under Section 469.178, subdivision 7 of the TIF Act, the Authority may incur
certain costs related to the Project, which costs may be financed on a temporary basis from
available Authority or City funds and repaid from certain tax increments.
1.03. Under the Special Legislation, the Authority may spend tax increments from the
Housing Replacement Districts as if those districts were housing districts under the TIF Act, which
requires that expenditures be made solely to finance the cost of housing projects as defined in
Section 469.174, subdivision 11 and 469.1761 of the TIF Act (generally, specifying certain income
limits for renters or buyers of owner -occupied property).
1.04. The Authority intends to acquire certain property within the Project, legally
described as follows within Hennepin County, Minnesota (the "Property"): Lot 3 and the North 20
feet of Lot 4, Block 2, Twin Lake Addition (4741 Welcome Avenue North). Upon acquisition of
the Property, the City or the Authority may demolish the structure on the Property and resell it
for construction of new housing, or may clean and rehabilitate the existing house for ultimate re-
sale.
1.05. The Authority intends to reimburse itself for the cost of acquisition of the Property,
and the cost of either demolition or cleaning and rehabilitation, and related soft costs (together, the
"Qualified Costs") from tax increments derived from TIF District No. 1 or the Housing
Replacement Districts or some combination thereof, in accordance with the terms of this resolution
(which terms are referred to collectively as the "TIF Loan").
Section 2. Terms of TIF Loan.
2.01. The Authority shall repay, to the Authority fund from which the Qualified Costs are
initially paid or advanced, the principal amount of funds advanced not to exceed $300,000 together
with interest on the principal amount advanced, accruing from the date of each initial expenditure or
advance, at the rate of 5% (except as otherwise described below). The maximum interest rate
under Section 469.178, subd. 7of the TIF Act is the greater of (a) the rate specified under
Minnesota Statutes, Section 270C.40 or (b) the rate specified under Minnesota Statutes, Section
549.09, in effect for the calendar year in which the expenditure or advance is made. Advances
related to the Property are expected to occur in 2009, when the maximum interest rate is 5%.
The Authority selects 5% as the effective rate for all advances, unless advances are made in a
subsequent calendar year or years when the statutory maximum is less than 5%, in which event
the effective rate for advances in each such year is the maximum statutory rate for that year.
2.02. Principal and interest ("Payments") shall be paid semi-annually on each August 1
and February 1 ("Payment Dates"), commencing on the fust Payment Date after the first advance of
Qualified Costs and continuing through the earlier of (a) the date the principal and accrued interest
of the TIF Loan is paid in full, or (b) the date of last receipt of tax increment from TIF District No. 1
or the Housing Replacement Districts, as the case may be. Payments will be made in the amount
and only to the extent of Available Tax hicrement as hereinafter defined. Payments shall be applied
first to accrued interest, and then to unpaid principal. Interest accruing from the date of each
expenditure to the first Payment Date shall be compounded semiannually on February 1 and August
1 of each year and added to principal, unless otherwise specified by the Executive Director.
2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment,"
which shall mean, on each Payment Date, all of the tax increment (as defined in the TIF Act)
generated in the preceding six (6) months with respect to:
(a) the property within TIF District No. l; or
(b) the property within either or both of the Housing Replacement Districts, but only if
the Property is rented by individuals who meet the income requirements set forth in Section
469.1761, subd. 3 for the term of the TIF Loan, or is initially purchased and occupied by individuals
who meet the income requirements set forth in Section 469.1761, subd. 2 of the TIF Act; or
(c) any combination of the revenues described in paragraphs (a) and (b) of this Section.
The City Finance Director, in consultation with the Community Development Director, is
authorized to determine the district(s) that are the source of Available Tax Increment on each
Payment Date, consistent with the terms of this Section.
2.04. Payments on this TIF Loan are subordinate to any outstanding or future bonds, notes
or obligations issued to developers or third parties and secured in whole or in part with Available
Tax Increment (unless otherwise specified in the relevant outstanding or future instrument), and are
on parity with any other outstanding or future interfund loans secured in whole or in part with
Available Tax Increment.
01,
2.05. The principal sum and all accrued interest payable under this TIF Loan are pre-
payable in whole or in part at any time by the Authority without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise required to be
made under this TIF Loan.
2.06. This TIF Loan is evidence of an internal borrowing by the Authority in accordance
with Minnesota Statutes, Section 469.178, subdivision 7, and is a limited obligation payable solely
fiom Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan
and the interest hereon shall not be deemed to constitute a general obligation of the State of
Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the
State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or
interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and
neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or
other costs incident hereto. The Authority shall have no obligation to pay any principal amount of
the TIF Loan or accrued interest thereon, which may remain unpaid after the final Payment Date.
2.07. The Authority may amend the terms of this TIF Loan at any time by resolution of
the Board, including a determination to forgive the outstanding principal amount and accrued
interest to the extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
Adopted this 19°i day of May, 2009.
ATTEST:
Executive Director
President
3
EDA STAFF REPORT
CITY
�YSTAL Revise 2009 Work Progra
FROM: John Sutter, City Planner/Assistant Community Development Director
DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director
DATE: May 12, 2009
TO: Anne Norris, City Manager (for May 19, 2009 EDA meeting)
SUBJECT: Consider revisions to the 2009 Work Program to reflect adjusted
Neighborhood Stabilization Program and Community Development
Block Grant allocations
The U.S. Department of Housing and Urban Development (HUD) has awarded funds to
Crystal from the Community Development Block Grant (CDBG) program and the
Neighborhood Stabilization Program (NSP):
CDBG is ongoing; the city has received it for approximately 30 years, although the
amount has declined significantly during the past 10 years.
NSP is a new, short-term program adopted by Congress in summer 2008 as a
response to the impact of foreclosures. NSP funds will need to be obligated by fall
2010 and should not be viewed as an ongoing source of federal funding.
Within the past two weeks, staff has learned of changes to these two programs' funding
allocations which require consideration of an amended EDA Work Program for 2009.
The city's CDBG allocation will increase by $1,440, from $97,480 to $98,920.
Senior Transportation is already fully funded at $13,700.
Staff recommends applying the additional $1,440 to Deferred Home
Improvement Loans, which are available to households up to 50% of area
median income (AMI). This would increase the funds available for this activity
from $83,780 to $85,220.
PAGE 1 OF 2
The city is receiving $588,000 in NSP funds via two paths:
® $281,000 via HUD 0- Hennepin County®Crystal
® $307,000 via H U D Do. MN Housing Finance Agency 0- Crystal
Each of these paths must meet NSP program requirements separately rather
than being "pooled" as we had originally planned. For this reason, each of the
paths must yield at least one new or rehabbed house for a household at or below
50% AMI; the rest will be available to households up to 120% AMI.
Because a rehabbed house makes more financial sense at 50% AMI than a new
house, staff still recommends meeting that requirement with a rehab. The
difference is that we need to do two rehab projects instead of one. Because
acquisition -rehab is roughly twice as expensive on the front end as acquisition -
demolition, this means we will have to do two fewer acquisition -demolition
projects to do one more acquisition -rehab project:
ORIGINAL PLAN:
10 properties - downpayment assistance to buyers (admin by Henn Co)
1 property - acquisition -rehabilitation for sale to buyer below 50% AMI
4 properties - acquisition -demolition -new construction for buyer below 120% AMI
NEW PLAN:
10 properties - downpayment assistance to buyers (admin by Henn Co)
2 properties - acquisition -rehabilitation for sale to buyer below 50% AMI
2 properties - acquisition -demolition -new construction for buyer below 120% AMI
Please note that, while rehab projects cost more on the front end, they also yield
more sale proceeds on the back end. While such program income will be
"recaptured" by HUD, there is a possibility that HUD will allow local entities to
recycle the money for additional projects in the future.
Also, please note that acquisition -rehab projects take a lot more staff time to
manage than acquisition -demolition projects. On the plus side, the EDA will be
able to get reimbursed by NSP for more staff time than we had originally
planned, which means less staff time paid out of local EDA funds.
C. ACTION REQUESTED
Staff recommends adoption of the attached revised EDA Work Program for
2009.
PAGE 2 OF 2
REVISED MAY 19, 2009
R, k, 11 [111 t la'a 17.7"a
Nal �*Wlk
PAGE I OF 4
This work program has been developed to provide the EDA with a detailed plan for
expenditures in calendar year 2009. A spreadsheet showing the projected sources and
uses of funds for city -funded redevelopment activities is attached as Exhibit A.
SPECIFIC ACTIVITIES
1. Deferred Home Improvement Loans (administered by Hennepin County)
$85,220 planned expenditures
® 100% from federal Community Development Block Grant
This ongoing program offers no -interest loans to low income homeowners (i.e.
<50% of AM[). This funding level typically allows three projects in Crystal per
year. The loans are 100% forgiven after 15 years provided the homeowner
continues to own and occupy; if they sell or move, the loan is due and payable in
full, with recaptured funds being used to help a new borrower. The program is
administered by Hennepin County. They also offer deferred loans (albeit with a
modest interest charge) to homeowners between 50% and 80% of AMI; that
program is funded by the state and is not city -allocated, so it is not shown on this
spreadsheet. The county's administrative costs are embedded within overall
CDBG funding.
2. Home Improvement Incentive Rebates (administered by GMHC)
$220,000 planned expenditures
® $210,000 with available increment from TIF District #1
0 $10,000 from the FDA's Redevelopment Fund
This ongoing program offers a rebate for homeowners who complete home
improvement projects. The program is administered by the GMHC at its
HousingResource Center -Northwest. Effective April 1, 2009, the rebate
percentages, maximum rebate and maximum eligible household income were
increased: <50% of AMI qualify for a 25% rebate (previously 15%), 50%-80% of
AMI qualify for a 20% rebate (previously 12%), and 80%-120% of AMI
(previously 80%-110%) qualify for a 15% rebate (previously 10%). The maximum
rebate is $10,000 per property per year (previously $6,000). It is funded by
available increment from TIF District #1, except for the small share of properties
that are not located within the Redevelopment Project Area; for those properties,
it is funded by the FDA's local redevelopment account. Total costs are estimated
at $220,000 ($210,000 from TIF District #1 + $10,000 from EDA local
Note: "AMI" means the Area Median Income, specifically the median income for the Twin Cities Metropolitan Area.
REVISED MAY 19, 200
PAGE 2 OF 4
redevelopment funds); 92% of the total ($202,400) would be for rebates; 8%
($17,600) would be paid to GMHC for administrative costs.
3. Purchase Incentive (Deferred Loan) (administered by Hennepin County)
$100,000 planned expenditures
2 100% from federal Neighborhood Stabilization Program
This is a new program designed to create an incentive for buyers of foreclosed
houses in the neighborhoods most impacted by foreclosures. It will provide a
$10,000 interest-free deferred loan which will be forgiven if the homebuyer owns
& occupies the property for five years. Properties in the following neighborhoods
are eligible: Lee Park, Becker, Twin Oaks, Broadway, Forest, Skyway, Welcome
Park and Lions Park. Properties in Crystal's other six neighborhoods (Cavanagh
Oaks, Bassett Creek, Fair, Brownwood, Winnetka Hills and Valley Place) would
not be eligible. To qualify, the buyer's household income could not exceed 120%
of AMI. The program would be administered by Hennepin County; the
administrative costs would be embedded within overall NSP funding.
4. Purchase -Rehabilitation Incentive (Deferred Loan) (administered by GMHC)
$55,000 planned expenditures
® 100% with available increment from Housing Replacement Districts
This is a new program designed to create an incentive for buyers of foreclosed or
vacant houses needing significant repairs, provided that the homebuyer is using
the Federal Housing Administration's "203K" purchase -rehabilitation loan
program. The EDA will provide downpayment and closing costs assistance for
3% of the purchase price up to a maximum of $5,000. The assistance will be in
the form of an interest-free deferred loan which will be forgiven if the homebuyer
owns & occupies the property for five years. The funding source will be TIF
(Housing Replacement District) and could be used for any vacant single family
house in the city. To qualify, the buyer's household income could not exceed
110% AMI if 1-2 person HH or 115% AMI if 3+ person HH. The program will be
administered by GMHCs Housing Resource Center; administrative costs will be
$500 for each grant, meaning that admin costs will be up to $5,000 if all ten
grants totaling $50,000 are awarded.
5. Scattered Site Rehabilitation of Single Family Houses
$318,000 planned expenditures
® 100% from federal Neighborhood Stabilization Program
This is a new program whereby the EDA would use federal NSP funds to
purchase two foreclosed properties, rehabilitate them, and then sell them to
households at or below 50% of AMI. The properties would have to be located it
the eight Crystal neighborhoods most impacted by foreclosures: Lee Park,
Becker, Twin Oaks, Broadway, Forest, Skyway, Welcome Park and Lions Park.
Note: "AMI" means the Area Median Income, specifically the median income for the Twin Cities Metropolitan Area.
REVISED MAY 19, 2009
PAGE 3 OF 4
The $318,000 project budget includes an estimated $28,000 in federal funds to
be paid to the city to compensate for EDA staff time managing the projects.
6. Scattered Site Acquisition/Demolition of Single Family Houses
$1,170,000 planned expenditures
® $1,000,000 with available increment from TIF District #1
® $170,000 from federal Neighborhood Stabilization Program
This would be a continuation of the city's longstanding acquisition, demolition and
lot sale program. However, to relieve pressure on the FDA's redevelopment fund,
in 2009 the EDA will attempt to fund all of these acquisitions from other sources.
Available increment from TIF District #1 would provide $1,000,000 to fund the
acquisitions of 3440 Regent, 5700 Regent, 5708 Elmhurst, seven other
properties yet to be determined, and six vacant single family lots currently owned
by MnDOT along Hwy 100. When these 16 lots are subsequently sold for new
house construction, there will be no income restriction. The EDA has also been
awarded $170,000 in federal NSP funds to purchase and demolish two
foreclosed properties in the eight Crystal neighborhoods most impacted by
foreclosures: Lee Park, Becker, Twin Oaks, Broadway, Forest, Skyway,
Welcome Park and Lions Park. When these two lots are subsequently sold for
new house construction, the household income of the buyers of the new houses
cannot exceed 120% of AMI.
In addition to property acquisition and demolition, the EDA will be marketing 23
lots for sale to builders for new house construction. The information sheet for
these lots is attached as Exhibit B.
7. Other Redevelopment
$355,000 planned expenditures
® $355,000 with available increment from TIF District #1
These will be acquisitions of properties other than single family houses for
undetermined future redevelopment. It is anticipated that available increment
from TIF District #1 will be used to acquire and hold three available MnDOT
properties along Trunk Highway 100 that are not guided for SF houses: the
parcel north of 36th Avenue and east of Welcome Avenue, the parcel north of
32nd Avenue directly south of the Crystal Care Center, and the parcel south of
32nd Avenue along the noise wall and adjacent regional trail.
8. Multi -Family Residential Redevelopment
no specific budget amount
During the past several years, staff has received inquiries from developers
interested in constructing multi -family housing, especially products targeted for
seniors. The areas of greatest interest include West Broadway south of Corvallis
and the general vicinity of 42nd and Douglas. However, none of these projects
Note: "AMI" means the Area Median Income, specifically the median income for the Twin Cities Metropolitan Area.
REVISED MAY 19, 200
PAGE 4 OF 4
ever moved forward beyond the discussion stage. It is therefore not known what
level of EDA funding, if any, would be necessary for such development to occur.
In the event that the EDA decides to participate financially in the development of
multi -family housing, the EDA would explore a variety of funding sources
including the Redevelopment Fund balance, Tax Increment Financing, and
financing from other units of government if available.
9. Commercial and Industrial Redevelopment
no specific budget amount
As with multi -family residential development, this type of project is usually driven
by a particular site or developer proposal, and those in turn depend heavily on
regional market forces beyond the city's control. Therefore the EDA does not
have a specific budget amount for commercial or industrial redevelopment. In
the event that a viable project comes along in 2009, the EDA would explore a
variety of funding sources including the Redevelopment Fund balance, Tax
Increment Financing, and financing from other units of government if available.
Note: "AMI" means the Area Median Income, specifically the median income for the Twin Cities Metropolitan Area.
91011 WWI
Deferred Home Improvement Loans. This program offers no -interest loans to low income (i.e. <50% AMI) homeowners. This funding level typically allows three projects in Crystal per year. The loans are 100% forgiven after 15 years
provided the homeowner continues to own and occupy; if they sell or move, the loan is due and payable in full, with recaptured funds being used to help a new borrower. The program is administered by Henn Co. They also offer
deferred loans (albeit with a modest interest charge) to homeowners between 50% and 80% of AMI; that program is funded by the state and is not city -allocated, so it is not shown on this spreadsheet.
2 Home Improvement Incentive Rebates. This program offers a rebate for homeowners who complete home improvement projects. The program is administered by the Housing Resource Center (GMHC). The rebate percentages,
maximum rebate and maximum eligible household income would all be increased: <50% of AMI would qualify for a 25% rebate (currently 15%), 50%-80% of AMI would qualify for a 20% rebate (currently 12%), and 80%-120% of AMI
(currently 80%-110%) would qualify for a 15% rebate (currently 10%). The maximum rebate would increase from $6,000 to $10,000 per property per year. For 2009, it would be funded by TIF District #1, except for the small share of
properties not within the Redevelopment Project Area; for those properties, it would be funded with the EDA's local redevelopment funds. Total costs are estimated at $220,000 ($210,000 from TIF District #1 + $10,000 from EDA local
redevelopment funds); 92% ($202,400) would be for rebates; 8% ($17,600) would be paid to GMHC for administrative costs.
3 Purchase Incentive (Deferred Loan). This would be a new program designed to create an incentive for buyers of foreclosed or vacant houses. It would be a $10,000 interest-free deferred loan which would be forgiven if the homebuyer
owns & occupies the property for five years. The funding source would be federal NSP funds to be used for foreclosed properties in the eight Crystal neighborhoods most impacted by foreclosures: Lee Park, Becker, Twin Oaks,
Broadway, Forest, Skyway, Welcome Park and Lions Park. Properties in Crystal's other six neighborhoods (Cavanagh Oaks, Bassett Creek, Fair, Brownwood, Winnetka Hills and Valley Place) would not be eligible. To qualify, the
buyer's household income could not exceed 120% AMI. The program would be administered by Hennepin County.
4 Purchase -Rehab Incentive (Deferred Loan). This would be a new program designed to create an incentive for buyers of foreclosed or vacant houses needing significant repairs, provided that the homebuyer is using a pre -approved
purchase -rehabilitation loan program such as FHA 203K. It would provide downpayment and closing costs assistance for 3% of the purchase price up to a maximum of $5,000. The assistance would be in the form of an interest-free
deferred loan which would be forgiven if the homebuyer owns & occupies the property for five years. The funding source would be TIF (Housing Replacement District) to be used anywhere in Crystal. To qualify, the buyer's household
income could not exceed 110% AMI if 1-2 person HH or 115% AMI if 3+ person HH. The program would be administered by GMHC's Housing Resource Center; admin cost would be $500 for each grant, meaning that admin costs
would be up to $5,000 if all ten grants totaling $50,000 are awarded.
5 Scattered Site SF Rehabilitation. This would be completely funded by the new federal NSP program. The EDA would purchase two foreclosed properties, rehab and re -sell them. The properties would have to be located in the eight
Crystal neighborhoods most impacted by foreclosures: Lee Park, Becker, Twin Oaks, Broadway, Forest, Skyway, Welcome Park and Lions Park. The $318,000 includes an estimated $28,000 in federal funds to be paid to the city to
compensate for EDA staff time managing the projects. The rehabbed houses would have to be sold to a household at or below 50% AMI.
6 Scattered Site SF Redevelopment. This would be a continuation of the city's longstanding acquisition, demolition and lot sale program. However, to relieve pressure on the EDA's redevelopment fund, in 2009 will be sought from other
sources. TIF (District #1) would provide $1,000,000 to fund the acquisitions of 3440 Regent, 5700 Regent & 5708 Elmhurst, seven other properties yet to be determined, and six vacant SF lots currently owned by MnDOT along Hwy
100. When sold, the new houses would have no income restriction. The EDA will also have $170,000 in federal NSP funds to buy and demolish two foreclosed properties in the eight Crystal neighborhoods most impacted by
foreclosures: Lee Park, Becker, Twin Oaks, Broadway, Forest, Skyway, Welcome Park and Lions Park; when sold, the new houses' buyers' household income could not exceed 120% AMI.
7 Other Redevelopment. These would be acquisitions of properties other than single family houses. TIF District #1 funds will be used to reimburse the EDA for its 2008 acquisition and demolition of the 4-plex at 5901 56th. In 2009, it is
anticipated that the EDA will use TIF District #1 funds to acquire and hold three available MnDOT properties along Hwy 100 that are not guided for SF houses: north of 36th east of Welcome, north of 32nd by Crystal Care Center, and
south of 32nd along the noise wall and regional trail.
REVISED MAY 19 2009 G:IEDAIWork Program12009EXHIBIT A revised 2009.05.19.xis
LOCAL
LOCAL (TIF)
LOCAL (TIF)
FEDERAL
FEDERAL
ALL SOURCES
PROGRAM
REDEVEL FUND
TIF DISTRICT #1
HSG REPL DIST
CDBG
NSP
COMBINED
TITLE
2008 2009
2008 2009
2008 2009
2008 2009
2008
2009
2008
2009
1
Deferred Home Improvement Loans
$0
$0
$0 $0
$0
$0
$84,605 $85,220
$0
$0
$84,605
$85,220
2
Home Improvement Incentive Rebate
$120,000 $10,000
$0 $210,000
$0
$0
$0
$0
$0
$0
$120,000
$220,000
3
Purchase Incentive (Def. Loan)
$0
$0
$0 $0
$0.
$0
$0
$0
$0
$100,000
$0
$100,000
4
Purchase -Rehab Incentive (Def. Loan)
$0
$0
$0 $0
$0 $55,000
$0
$0
$0
$0
$0
$55,000
5
Scattered Site SF Rehabilitation
$0
$0
$0 $0
$0
$0
$0
$0
$0
$318,000
$0
$318,000
6
Scattered Site SF Redevelopment
$250,000
$0
$0 $1,000,000
$0
$0
$0
$0
$0
$170,000
$250,000
$1,170,000
7
Other Redevelopment (non -SF)
$0
$0
$300,000 $355,000
$0
$0
$0
$0
$0
$0
$300,000
$355,000
370,000 $10,000
$300,000 $1,565,000
$0 $55,000
$84,605 $85,220
$0
$588,000
$754,605
$2,303,220
2008 2009
2008 2009
2008 2009
2008 2009
2008
2009
2008
2009
TOTAL TOTAL
TOTAL TOTAL
TOTAL TOTAL
TOTAL TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
REDEVEL FUND
TIF DISTRICT #1
HSG REPL DIST
CDBG
NSP
ALL SOURCES
LOCAL
LOCAL (TIF)
LOCAL (TIF)
FEDERAL
I FEDERAL
COMBINED
Deferred Home Improvement Loans. This program offers no -interest loans to low income (i.e. <50% AMI) homeowners. This funding level typically allows three projects in Crystal per year. The loans are 100% forgiven after 15 years
provided the homeowner continues to own and occupy; if they sell or move, the loan is due and payable in full, with recaptured funds being used to help a new borrower. The program is administered by Henn Co. They also offer
deferred loans (albeit with a modest interest charge) to homeowners between 50% and 80% of AMI; that program is funded by the state and is not city -allocated, so it is not shown on this spreadsheet.
2 Home Improvement Incentive Rebates. This program offers a rebate for homeowners who complete home improvement projects. The program is administered by the Housing Resource Center (GMHC). The rebate percentages,
maximum rebate and maximum eligible household income would all be increased: <50% of AMI would qualify for a 25% rebate (currently 15%), 50%-80% of AMI would qualify for a 20% rebate (currently 12%), and 80%-120% of AMI
(currently 80%-110%) would qualify for a 15% rebate (currently 10%). The maximum rebate would increase from $6,000 to $10,000 per property per year. For 2009, it would be funded by TIF District #1, except for the small share of
properties not within the Redevelopment Project Area; for those properties, it would be funded with the EDA's local redevelopment funds. Total costs are estimated at $220,000 ($210,000 from TIF District #1 + $10,000 from EDA local
redevelopment funds); 92% ($202,400) would be for rebates; 8% ($17,600) would be paid to GMHC for administrative costs.
3 Purchase Incentive (Deferred Loan). This would be a new program designed to create an incentive for buyers of foreclosed or vacant houses. It would be a $10,000 interest-free deferred loan which would be forgiven if the homebuyer
owns & occupies the property for five years. The funding source would be federal NSP funds to be used for foreclosed properties in the eight Crystal neighborhoods most impacted by foreclosures: Lee Park, Becker, Twin Oaks,
Broadway, Forest, Skyway, Welcome Park and Lions Park. Properties in Crystal's other six neighborhoods (Cavanagh Oaks, Bassett Creek, Fair, Brownwood, Winnetka Hills and Valley Place) would not be eligible. To qualify, the
buyer's household income could not exceed 120% AMI. The program would be administered by Hennepin County.
4 Purchase -Rehab Incentive (Deferred Loan). This would be a new program designed to create an incentive for buyers of foreclosed or vacant houses needing significant repairs, provided that the homebuyer is using a pre -approved
purchase -rehabilitation loan program such as FHA 203K. It would provide downpayment and closing costs assistance for 3% of the purchase price up to a maximum of $5,000. The assistance would be in the form of an interest-free
deferred loan which would be forgiven if the homebuyer owns & occupies the property for five years. The funding source would be TIF (Housing Replacement District) to be used anywhere in Crystal. To qualify, the buyer's household
income could not exceed 110% AMI if 1-2 person HH or 115% AMI if 3+ person HH. The program would be administered by GMHC's Housing Resource Center; admin cost would be $500 for each grant, meaning that admin costs
would be up to $5,000 if all ten grants totaling $50,000 are awarded.
5 Scattered Site SF Rehabilitation. This would be completely funded by the new federal NSP program. The EDA would purchase two foreclosed properties, rehab and re -sell them. The properties would have to be located in the eight
Crystal neighborhoods most impacted by foreclosures: Lee Park, Becker, Twin Oaks, Broadway, Forest, Skyway, Welcome Park and Lions Park. The $318,000 includes an estimated $28,000 in federal funds to be paid to the city to
compensate for EDA staff time managing the projects. The rehabbed houses would have to be sold to a household at or below 50% AMI.
6 Scattered Site SF Redevelopment. This would be a continuation of the city's longstanding acquisition, demolition and lot sale program. However, to relieve pressure on the EDA's redevelopment fund, in 2009 will be sought from other
sources. TIF (District #1) would provide $1,000,000 to fund the acquisitions of 3440 Regent, 5700 Regent & 5708 Elmhurst, seven other properties yet to be determined, and six vacant SF lots currently owned by MnDOT along Hwy
100. When sold, the new houses would have no income restriction. The EDA will also have $170,000 in federal NSP funds to buy and demolish two foreclosed properties in the eight Crystal neighborhoods most impacted by
foreclosures: Lee Park, Becker, Twin Oaks, Broadway, Forest, Skyway, Welcome Park and Lions Park; when sold, the new houses' buyers' household income could not exceed 120% AMI.
7 Other Redevelopment. These would be acquisitions of properties other than single family houses. TIF District #1 funds will be used to reimburse the EDA for its 2008 acquisition and demolition of the 4-plex at 5901 56th. In 2009, it is
anticipated that the EDA will use TIF District #1 funds to acquire and hold three available MnDOT properties along Hwy 100 that are not guided for SF houses: north of 36th east of Welcome, north of 32nd by Crystal Care Center, and
south of 32nd along the noise wall and regional trail.
REVISED MAY 19 2009 G:IEDAIWork Program12009EXHIBIT A revised 2009.05.19.xis
DA STAFF REPORT
C11YSTAL
NSP Subrecipient Agreement
L C_
C=AP G_
FROM: John Sutter, City Planner/Assistant Community Development Director
DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director
TO: Anne Norris, City Manager (for May 19, 2009 EDA meeting)
SUBJECT: Consider a subrecipient agreement with Hennepin County for the city
to receive federal Neighborhood Stabilization Program funds
The Housing & Economic Recovery Act of 2008 established the Neighborhood
Stabilization Program (NSP) with a national funding level of $3.92 billion. The program
is being administered by the U.S. Department of Housing and Urban Development
(HUD). Minnesota is getting $57.8 million (state rank: #16). Suburban Hennepin County
(excluding Minneapolis) will receive $8.6 million of that; $3.9 million directly from HUD
and $4.7 million through the Minnesota Housing Finance Agency. Crystal has been
awarded $588,000 in NSP funds. The allocations are summarized in Exhibit A, the
proposed uses of funds are listed in Exhibit B, and the foreclosure forecast by Crystal
neighborhood is contained within Exhibit C.
Hennepin County is the recipient so the EDA will be the sub -recipient. To implement the
program, the EDA would need to approve and sign the Subrecipient Agreement
attached as Exhibit D.
EDA approval of the Subrecipient Agreement is requested.
PAGE 1 OF 9
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CITY OF CRYSTAL
FORECLOSURES BY NEIGHBORHOOD 2007-2008
Existing Single Family and Duplex Properties
SORTED BY FORECLOSURE RATE / RANK - ACTUAL SHERIFF SALES 2007-2008:
Number of Existing Number of Existing
Single Family or SF/Duplex Properties Foreclosure Rate Rank (from highest rate
Cncn.e.nnn ne...,he.. �iv:nhi.nrhnnA Ahme n—lov Drnnoei:nc Cnrnrincnri 9nn7_9MR 7nM_7nnR to I--+ rata%
11
Lee Park
353
20
5.67%
1
7
Welcome Park
673
34
5.05%
2
5
Becker
383
18
4.70%
3
3
Skyway
557
25
4.49%
4
2
Lions Park
405
18
4.44%
5
8
Forest
1,030
45
4.37%
6
1
Broadway
356
13
3.65%
7
4
Twin Oaks
510
18
3.53%
8
10
Fair
300
9
3.00%
9
12
Bassett Creek
499
14
2.81%
10
6
Cavanagh Oaks
443
12
2.71%
11
9
Brownwood
588
15
2.55%
12
13
Valley Place
774
18
2.33%
13
14
Winnetka Hilts
548
6
1.09%
14
SORTED BY FORECLOSURE FORECAST - NOTICES PUBLISHED 4TH QUARTER 2008:
Number of Existing Number of Existing
Single Family or SF/Duplex Properties
Rafaronra Nnmhar Idainhhnrhnnri tdama rinniav Prnnartiac Nntirac dth Mr 9nnR
Rank (from highest rate
Rata to inwect ratel
11
Lee Park
353
8
2.27%
1
4
Twin Oaks
510
10
1.96%
2
1
Broadway
356
6
1.69%
3
8
Forest
1,030
14
1.36%
4
5
Becker
383
5
1.31%
5
3
Skyway
557
7
1.26%
6
6
Cavanagh Oaks
443
4
0.90%
7
2
Lions Park
405
3
0.740/6
8
12
Bassett Creek
499
3
0.60%
9
7
Welcome Park
673
4
0.59%
10
14
Winnetka Hills
548
3
0.55%
11
9
Brownwood
588
3
0.51%
12
13
Valley Place
774
3
0.39%
13
10
Fair
300
1
0.33%
14
SORTED BY AGGREGATE SCORE (ACTUAL FORECLOSURES + FORECLOSURE FORECAST):
Aggregate Score (lower
score means more Rank (from highest rate
Reference Number Neiahborhood Name foreclosures) to lowest rate
11 <Lee.Park..w . 2- 1M
4
Twin Oaks
10
3(four-way tie
1
Broadway
A0 'r
3 four-wa tie
8
Forest
10
'3(four-way tie
3
Skyway,
10'
:'3 (four-way tie
7
Welcome Park
12
4
2
Lions Park
13
5
6
Cavanagh Oaks
18
6
12
Bassett Creek
19
7
10
Fair
23
8
9
Brownwood
24
9
14
Winnetka Hills
25
10
13
Valley Place
26
11
"I
SUBRECIPIENT AGREEMENT
HENNEPIN COUNTY NEIGHBORHOOD STABILIZATION PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400
Government Center, Minneapolis, Minnesota 55487, and the ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF CRYSTAL, a public body corporate and politic, located at 4141
Douglas Drive North, Crystal, MN 55422, hereinafter referred to as "SUBRECIPIENT," said
parties to this Agreement each being governmental units of the State of Minnesota, and is made
pursuant to Minnesota Statutes, Section 471.59:
WITNESSETH
WHEREAS, RECIPIENT has received a grant from the Federal Department of Housing
and Urban Development (HUD) and is a subgrantee to the Minnesota Housing Finance Agency
under Title III of Division B of the Housing and Economic Recovery Act, 2008 (Public Law 110-
289) (the Act), as amended, for emergency assistance for redevelopment of abandoned and
foreclosed homes and residential properties. (Catalog of Federal Domestic Assistance (CFDA)
numbers 14.218, 14.225; and 14.228.) Unless the Act states otherwise, such grants are to be
considered Community Development Block Grant (CDBG) funds according to the implementing
regulations at 24 CFR Part 570. The grant program under Title III is commonly referred to as the
CDBG Neighborhood Stabilization Program (NSP): and
WHEREAS, RECIPIENT has approved use of $588,000 of NSP funds by the
SUBRECIPIENT for the implementation of eligible and fundable NSP activity/ies as set forth in
Exhibit 1 to this Agreement; and
WHEREAS, the SUBRECIPIENT agrees to assume certain responsibilities for the
implementation of the approved activities described in Exhibit 1 and the Certifications contained
herein as Exhibit 3, and
WHEREAS, except as otherwise provided in Title III and the October 6, 2008 Federal
Register Notice referred to as the "Notice" and statutory and regulatory provisions governing the
CDBG Program, as applicable, shall apply to the use of NSP funds.
NOW, THEREFORE, the parties do hereby agree as follows:
SCOPE OF SERVICES
A. Except as described in HUD Notice published in the Federal Register on October 6,
2008 and attached as Exhibit 2, statutory and regulatory provisions governing the
CDBG Program, including those at 24 CFR Part 570 Subparts A, C, D, J, K, and O,
as appropriate, shall apply to the use of NSP funds.
The SUBRECIPIENT shall expend all or any part of its NSP allocation only on those
activities identified in Exhibit 1, subject to the requirements of this Agreement and
the stipulations and requirements set forth in Exhibits 1 and 3 to this Agreement.
B. The SUBRECIPIENT shall take all necessary actions, not only to comply with the
stipulations as set out in, Exhibit 1, but to comply with any requests by the
W
1
RECIPIENT inthat connection; itbeing understood that the RECIPIENT is
responsible to the Department of Housing and Urban Development (HUD) for
ensuring compliance with such requirements. The SUBREQP|ENTalso will
promptly notify the RECIPIENT ofany changes inthe scope orcharacter ofthe
activity/ies which it is implementing.
C. At the request of the RECIPIENT, onoform to be provided, the GUBREC|P|ENT
shall submit a schedu|e, corresponding to the term of this Agreement, showing
milestones for activity implementation and timely expenditure of funds and will
provide other information as requested to assure compliance with HUD timeliness
requirements.
2. TERM OF AGREEMENT
The effective date of this Agreement is March 20' 2009. The Agreement will remain in
effect until the NSP funds and program income received are expended and the funded
activities completed. Upon expiration, the GUBREC|P|ENTshall relinquish tothe
RECIPIENT all program funds unexpended and uncommitted, and all accounts receivable
attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be
amended.
3. TIMELINESS OF USE OF AND EXPENDITURE OF NSP FUNDS
GUBREC|P|ENT0ust use (ob' ate)N8PfuOdowithin eighteenM00ontheofthe
effective date Ofthis Agreement. 'L/ae'for the purposes ofthe ACT section 23O1(c)/1\is
when funds are used for a specific NSP activity; for example, for acquisition of a specific
property. Funds are obligated for an activity when orders are placed, contracts awarded,
services are received, and similar transactions have occurred that require payment by the
RECIPIENT or SUBRECIPIENT during the same or a future period. Funds are not
obligated for anactivity when aUbavvaPds are made. The 18-monthexpenditure period
applies toany program income earned under this Agreement except that o'use test' shall
apply based onwhether the SUBREC|P|ENThas expended o[obligated NSP funds inon
aggregate amount at least equal to its NSP allocation. Refer to section 17 of this
Agreement for other program income requirements.
4. REPORTING
On a form to be provided by the RECIPIENT, SUBRECIPIENT shall submit a quarterly
performance report nolater than 3Odays following the end of each quarter, beginning 3O
days after the completion ofthe first full calendar quarter after the effective date ofthis
Agreement and continuing until the end of the 15 month following the date of this
Agreement. SUBRECIPIENT shall report monthly on its NSP obligations and expenditures
beginning 3Odays after the end ofthe 15month and continuing until reported total
obligations are equal to or greater than the total NSP grant. After HUD has accepted a
report from the RECIPIENT showing such obligation of funds, the monthly reporting
requirement will end and quarterly reports will continue until all NSP funds (including
program income) have been expended and those expenditures are included in a report to
HUD.
2
5. THIRD PARTY AGREEMENTS
The BUBREC|P|ENTmay subcontract this Agreement and/or the services tobe
performed hereunder, whether in whole or in part, only with the prior consent of the
RECIPIENT and only through a written Third Party Agreement acceptable to the
RECIPIENT. The SUBRECIPIENT shall not otherwise assign, transfer, or pledge this
Agreement and/or the services to be performed hereunder, whether in whole orinpart,
without the prior consent ofthe RECIPIENT.
6. AMENDMENTS TO AGREEMENT
Any material alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when reduced to writing as an amendment to this
Agreement signed, approved, and properly executed by the authorized representatives of
the parties. An exception tothis process will be in amending Exhibit 1 tothis Agreement.
Exhibit 1 shall be deemed amended to conform to any amendments to the Consolidated
Plan, aosuch amendments occur.
Any amendments to the Consolidated Plan, which constitute substantial changes, require
public notice by the SUBRECIPIENT and an opportunity for public comment for 30 days
prior bJaction oOthe proposed amendment bvthe Hennepin County Board of
Commissioners. A substantial change amendment must follow the process described in
the 2OO5-2OO9Consolidated Plan for the Hennepin County Consortium.
Substantial change iodefined eeochange that changes the purpose, scope or intended
beneficiaries of a project.
In order to ensure that all NSP funds are obligated as required, any changes to the Exhibit
1A budget will not be considered a substantial change amendment as defined in the
Consolidated Plan. Reallocations, ifany, will becoordinated bvCounty staff subject tothe
review and approval of the Manager of Housing Development and Finance and the
Director OfHousing, Community Works and Transit.
7. PAYMENT OF NSP FUNDS
The RECIPIENT agrees to provide the SUBRECIPIENT with NSP funds not to exceed the
Hennepin County authorized budget hoenable the GUBFlE(}|P|ENTtocarry out its CDBG-
eligible activity/ies as described in Exhibit 1. It is understood that the RECIPIENT shall be
held accountable to HUD for the lawful expenditure of NSP funds under this Agreement.
The RECIPIENT shall therefore make no payment of NSP funds to the SUBRECIPIENT
and draw no funds from HUD/U.S. Treasury on behalf of a SUBRECIPIENT activity/ies,
prior to having received a request for reimbursement for expenses incurred from the
GUBREC|P|ENT on a form to be provided by the RECIPIENT. In addition to the request
form, SUBRECIPIENT shall provide copies of all documents and records needed to
ensure that the SUBRECIPIENT has complied with the appropriate regulations and
requirements. The RECIPIENT will provide reimbursement within 30 days ofreceipt and
approval ofall documents required under this section.
3
O. INDEMNITY AND INSURANCE
A. The GUBREC|P|ENTdoes hereby agree todefend, indemnify, and hold harmless
the RECIPIENT, its elected officials, offioe[s, agents, volunteers and employees
from and against all costs, expenses, claims, suits or judgments arising from or
growing out ofany injuries, |oaao[dornageeugtaingdbvanypenaono[corpoot|on.
including employees of SUBRECIPIENT and property of SUBRECIPIENT, which
are caused byorsustained inconnection with the tasks carried out bythe
8UBF7EC|P|EN7-under this Agreement.
B. In order to protect GUBF{EC|P|ENT and RECIPIENT from liability and to effectuate
the indemnification provisions hereinabove, each 8UBREC|P|ENTthat isnot self-
insured agneeathotdUringthate[nnofthiaAonegnnentitwi||oerryoaing|o|innito[
combined limit O[excess umbrella commercial general liability policy iD8Damount
equal to, but shall not be required to carry coverage in excess of, claim limits
specified inMinnesota Statutes Section 4O8.O4.aoamended.
C. This section shall iDnoway beintended bvthe parties hereto asawaiver Ufthe
liability limits specified in Minnesota Statutes Section 466.04, as amended.
S. CONFLICT OF INTEREST
A. In the procurement of supplies, equipment, construction, and services by the
GUBRE{}|p|EyJT.the conflict ofinterest provisions in24CFR 85.3Oand OMB
Circular Ar11Oshall apply.
B. In all other cases, the SUBRECIPIENT shall comply with the conflict of interest
provisions of Minnesota Statutes Sections 471.87-471.88, and subpart K of 24 CFR
570.611.
10. DATA PRIVACY
The 8UBREC|P|EyJTagrees [oabide bvthe provisionsofthe Minnesota Government
Data Practices Act and all other applicable State and Federal |axve, nu!ea, and regulations
relating to data privacy or confidentiality, and as any of the same may be amended. The
8UBREC|P|ENTagrees todefend, indemnify and hold the RECIPIENT, its elected
officia\e, offioone, agents, volunteers and employees harmless from any claims resulting
from the GUBREC|P|ENT'G unlawful dieo|oeuns and/or use of such protected data.
11. SUSPENSION OR TERMINATION
A. If the SUBRECIPIENT materially fails to comply with any term of this Agreement or
so fails to administer the work as to endanger the performance of this Agreement,
this shall constitute noncompliance and default. Unless the GUBREQP|ENT'S
default is excused by the RECIPIENT, the RECIPIENT may take one or more of the
actions prescribed in 24 CFR 85.43, including the option of immediately canceling
this Agreement in its entirety.
B. The RECIPIENT'S failure toinsist upon strict performance ofany provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same. Such consent shall not constitute a general waiver or
4
relinquishment throughout the entire term of the Agreement.
C. This Agreement may not be terminated or withdrawn without cause by either party
while this Agreement remains in effect.
D. NSP funds allocated to the GUBREC|P|ENTunder this Agreement may not Le
obligated or expended by the SUBRECIPIENT following such date of termination.
Any funds allocated to the GUBREC|P|E0T under this Agreement which remain
unobligated or unspent following such date of termination shall automatically revert
tothe RECIPIENT.
12. REVERSION OF ASSETS
Upon expiration or termination of this Agreement, the SUBRECIPIENT shall transfer to the
RECIPIENT any NSP funds onhand oriOthe accounts receivable attributable tothe use
of NSP funds, including NSP funds provided to the GUBREC|P|ENT in the form of loan.
Any real property under the control of the GUBREC|P|ENTorits designee that was
acquired or improved, in whole or in part, using NSP funds that will be held (land banked)
for future redevelopment 9h8|| comply with the 8pp|iC@b|8 affordability period. New
financing documents and/or a new covenant will be filed at the close of the financing on
the redevelopment of the real property. At a minimum, the loan term will be based on
periods of affordability in the table b8|OVV.
13. PROCUREMENT
The SUBRECIPIENT shall be responsible for procurement of all supplies, equipment,
services, and construction necessary for implementation ofits e ee.ProcUFenment
shall be carried out in accordance with the "Common Rule" Administrative Requirements
in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most
restrictive of which will take precedence). The SUBRECIPIENT shall prepare, or cause to
be prepared, all advertisements, negotiations, notices, and documents, enter into all
contracts, and conduct all meetings, conferences, and interviews as necessary to ensure
compliance with the above described procurement requirements. The RECIPIENT shall
provide advice and staff assistance to the SUBRECIPIENT to carry out its NSP -funded
14. ACQUISITION, RELOCATION, AND DISPLACEMENT
A. The GUBREC|P|ENTshall beresponsible for carrying outaUaoquhaitiomaofrea|
property necessary for implementation ufthe a oa.ThaGUBF{EC|P|ENTahaU
conduct all such acquisitions in its name, or in the name of any of its public,
governmental, nonprofit agencies as authorized by its governing body, which shall
hold title to all real property purchased. The GUBREC|P|Ey4T ahm|| comply with
requirements under the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (URA) (49 CFR Part 24), except where itconflicts with
section 2301 (d)(1) or any other section of THE ACT, in which case THE ACT
requirements shall prevail over the URA for purposes of NSP -assisted acquisitions
of foreclosed -upon homes or residential properties. The RECIPIENT shall provide
advice and staff assistance to the SUBRECIPIENT to carry out its NSP -funded
B. The SUBRECIPIENT shall comply with the acquisition and relocation requirements
ofthe URA asrequired under 24CFR 57O.0OO(a) and HUD implementing
regulations et24CFR 42;the requirements iD24CFR 57O.000(b)governing the
residential antidisplacement and relocation assistance plan under section 104(d)
(note exception in next paragraph) of the Housing and Community Development
Act of1S74;the relocation requirements of24CFR 57O.00O(c)governing
displacement subject to section 104(k) of the Act; and the requirements of 24 CFR
570.606(d) governing optional relocation assistance under section 105(a)(1 1) of the
Act.
As an exception under THE ACT to URA requirements set forth in 42 U.S.C:.
53O4(d)CQ.oaimplemented at24CFR42.375.the GUBREC|P|ENTwill not be
required to meet the requirements for ono -for -one replacement oflow and
moderate income dwelling units demolished or converted in connection with
activities assisted with NSP funds.
15. ENVIRONMENTAL REVIEW
The RECIPIENT shall determine the level of environmental review required under 24 CFR
Port bO and maintain the environmental review record on all activities. The
SUBRECIPIENT shall be responsible for providing necessary information, relevant
documents, and public notices to the RECIPIENT to accomplish this task.
18. LABOR STANDARDS, EMPLOYMENT, AND CONTRACTING
The RECIPIENT shall bo responsiblefor the preparation of all requests for HUD for wage
rate determinations onNSP activities undertaken bvthe GUBF|E{}|P|ENT.The
SUBRECIPIENT shall notify the RECIPIENT prior to initiating any activity, including
odVBdiSiOg for contractual services which will include costs likely to be subject to the
provisions on Federal Labor Standards and Equal Employment Opportunity and related
implementing regulations. The RECIPIENT will provide technical assistance tothe
8LjBREC|P|ENTtOensure compliance with these requirements.
NoNSP funds shall beused directly mindirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or SUBRECIPIENT during any
period of debarment, suspension, or placement in ineligibility status under the provisions
of 24 CFR Part 24. Prior to awarding e contract the SUBREC|P|ENT shall pnJnnpUy notify
the RECIPIENT. The RECIPIENT shall be responsible for determining the status of the
59
contractor under this requirement, and aho|| notify GUBREC|P|ENT if the contractor is or is
not prohibited from doing business with the Federal government as a result of debarment
orsuspension proceedings.
17. PROGRAM INCOME
If the SUBRECIPIENT generated any program income, as defined in 24 CFR 570.500(a),
as a result of the expenditure of NSP funds, the provisions of 24 CFR 570.504 shall apply,
except aomodified under Title III Division BofTHE ACT and any subsequent
amendments or in guidance provided by HUD or RECIPIENT, as well as the following
specific stipulations:
A. The SUBRECIPIENT will notify the RECIPIENT of any program income within ten
(10) days ofthe date such program income iegenerated. When program income ig
generated by an activity only partially assisted with NSP funds, the income shall be
prorated toreflect the percentage ofNSP funds used.
B. On a form to be provided by the RECIPIENT, the 8UBREC|P|ENTVvi|| document
amounts received aeprogram income are properly determined, calculated and
supported. The RECIPIENT will subsequently review and verify documentation tO
aeoU[e Federal requirements are met.
C. Any such program income must be paid to the RECIPIENT by the SUBRECIPIENT
oesoon espracticable after such program income iagenerated unless the
SUBREC|P|ENTiepermitted toretain program income.
D. Program income returned to the RECIPIENT shall be credited tothe grant authority
ofSUE]REC|P|ENT.whose project generetedthepnJgranlinoorne.andsha||be
used for fundable and eligible NSP activities consistent with this Agreement.
E. The 8UBREC|P|ENTfurther recognizes that the RECIPIENT has the responsibility
for monitoring and reporting toHUD onthe use ofany such program income. The
responsibility for appropriate record keeping by the SUBRECIPIENT and reporting to
the RECIPIENT bythe 8UBF{EC|Fz|ENTonthe use ofsuch program income ie
hereby recognized bythe 8UBREC|P|ENT.The RECIPIENT agrees toprovide
technical assistance to the SUBRECIPIENT in establishing an appropriate and
proper record-keeping and reporting oyateno, as required by HUD.
F. In the event of close-out or change in status of the 8UBREC|P|ENT' any program
income that is on hand or received subsequent to the close-out or change in status
shall bapaid toRECIPIENT as soon aapracticable after the income iareceived. The
RECIPIENT agrees tonotify the GUBREC|P|ENT.should closeout orchange in
status ofthe 8UBREC|P|ENToccur.
18. USE OF REAL PROPERTY
The following standards shall apply toreal property under the control of the
SUBRECIPIENT that was acquired or improved, in whole or in part, using NSP funds:
A. The GUBREC|P|ENTshall inform the RECIPIENT atleast thirty /3O\days priorto
any modification or change in the use of the real property from that planned at the
0
time of acquisition o[improvements, including disposition. TheGUBREC|F1ENTwiU
comply with the requirements of24CFR 57O.5O5toprovide affected citizens the
opportunity to comment on any proposed change and to consult with affected
citizens.
B. The GUBREC|P|ENTshall reimburse the RECIPIENT inanamount equal tothe
current fair market value (less any portion thereof attributable to expenditures of
non -NSP funds) of property acquired or improved with NSP funds that is sold or
transferred fora use which does not qualify under NSP requirements. Said
reimbursement shall be provided to the RECIPIENT at the time of sale or transfer of
the property referenced herein. Such nairnbu[oenoant ohe|| not be required if the
conditions of24CFR 57O.5O3(b)(8)(i) (Reversion ofAssets) are met and satisfied.
Fair market value shall be established by a current written appraisal by a qualified
appraiser. The RECIPIENT will have the option of requiring a second appraisal after
F8Vi8VV of the initial appraisal.
C. Any program income generated from the disposition ortraneferof[ea property prior
toorsubsequent tothe o|ose-out.change ofstatus ortermination ofthe Agreement
between the RECIPIENT and the GUBREC|P|ENTshall berepaid bJthe
RECIPIENT at the time of disposition or transfer of the property.
19. ADMINISTRATIVE REQUIREMENTS
The uniform administrative requirements delineated in 24 CFR 570.502 and any and all
8dOliOiEt[Gbve requirements or guidelines pn]DlU|ggtnd by the RECIPIENT Sh8U apply to
all activities undertaken by the SUBRECIPIENT provided for in this Agreement and to any
program income generated therefrom.
20. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY
A. During the performance ofthis Agreement, the GUBREC|P|ENTagrees bJthe
following: In accordance with the Hennepin County Affirmative Action Policy and the
Hennepin County Commissioners' Policies Against Discrimination, no person shall
be excluded from full employment rights orparticipation in, Orthe benefits of, any
pnog[arn, service oractivity onthe grounds ofrace, co|or, cneed, ns|iQion, oga, sex,
disability, marital otatue, sexual orieOtaUon, public assistance status, or national
origin; and no person who is protected by applicable Federal or State |avVo against
discrimination shall bBotherwise subjected t0discrimination.
B. The SUBRECIPIENT will furnish all information and reports required to comply with
the provisions of24CFR Part 57Oand all applicable State and Federal laws, rules,
and regulations pertaining todiscrimination and equal opportunity.
21. NON-DISCRIMINATION BASED ON DISABILITY
A. The QUBREC|P|ENTshall comply with Section 5O4ofthe Rehabilitation Act of
1973, as amended, to ensure that no otherwise qualified individual with a handicap,
oodefined }nSection 5O4`shall, solely byreason ofhis orher handicap, be
excluded from participation in, bedenied the benefits of, or be subjected to
discrimination by the GUBREC|P|ENT receiving assistance from the RECIPIENT
under Section 106 and/or Section 108 of the Housing and Community Development
M
Act of 1974, as amended.
B. When and where applicable, the SUBRECIPIENT shall comply with, and make best
efforts tOhave its third party providers comply with, Public Law 101-336 Americans
With Disabilities Act of 1990. Title | "Employment," Title U "Public Services" -Subtitle
A. and Title III "Public Accommodations and Services Operated BvPrivate Entities"
and all ensuing Federal regulations implementing said Act.
22. LEAD-BASED PAINT
The SUBRECIPIENT shall comply with the Lead -Based Paint notification, inspection,
testing and abatement procedures established in 24 CFR Part 35 as referenced in 24
CFR Part 57O.0OO.
23. FAIR HOUSING
To assure compliance with requirements of section 104(b)and section 1O8ofTitle |of the
Housing and Community Development Act of 1974, as amended, including Title VI of the
Civil Rights Ant of 1864' the Fair Housing /\ct, and other applicable laws, by signing the
certification in Exhibit 3 SURREC|P|ENT certifies that it will affirmatively further fair
housing within its jurisdiction. Should HUD make a determination that the GUBREC|P|ENT
has not affirmatively furthered fair housing or has impeded action by the RECIPIENT to
comply with its fair housing certification. the RECIPIENT shall amanuioe its authOrib/, as
contained in the Joint Cooperation Agreement, to prohibit the SUBRECIPIENT from
receiving NSP funding for any activities until the violation has been remedied.
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
SUBRECIPIENT, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, o[anemployee ofaMember ofCongress iDconnection with the
awarding of any Federal contract, the making of any Federal Grant, the making of
any Federal loan, the entering into ofany cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant. loan, o[cooperative agreement.
B. Uany funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, oMember ofCongress, anofficer oremployee ofCongress, oron
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement SUBRECIPIENT will complete and submit Standard
Fo[Ol-[LL"Disclosure Form t0Report L0bbyiDg."iDaccordance with its
instructions.
25. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES
SUBRECIPIENT has adopted and is enforcing a policy prohibiting the use of excessive
force bvlaw enforcement agencies within its jurisdiction against any individuals engaged
in non-violent civil rights demonstrations; and a policy ofenforcing applicable State and
|OC8| |@vxs against physically barring entrance to or exit from 8 facility or |DC8tioO which is
P%
the subject of such non-violent civil rights demonstrations within its jurisdiction.
26. OTHER CDBG and NSP POLICIES
The GUBREC|P|ENTshall comply with the applicable section of24CFR 570.200.
particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments);
Ul (Means of Carrying Out Eligible Activities); and 0) (Constitutional prohibitions
Concerning Church/State Activities) and Title III Division B of the Housing and Economic
Recovery Act of2OOO(NGP).
27. TECHNICAL ASSISTANCE
The RECIPIENT agrees to provide technical assistance to the SUBRECIPIENT in the
form of oral and/or written guidance and on-site assistance regarding NSP procedures
and project nnanagernen1Thieeaeietanoewi||boproxidedagnequeetedbvthe
GUBREC|P|ENTand gtother times atthe initiative ofthe RECIPIENT when new o[
updated information concerning the NSP Program is received by the RECIPIENT and
deemed necessary tobeprovided tnthe SUBREC|P|ENT.
The SUBRECIPIENT shall maintain records of the receipt and expenditure of all NSP
funds, such records bobemaintained iDaccordance with OMB Circulars /\-O7and the
"Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with [)MB
Circular A-11Oand A-122.oeapplicable. All records shall bemade available upon request
of the RECIPIENT for inspection/s and audit/s by the RECIPIENT or its representatives. If
a financial audit/s determines that the SUBRECIPIENT has improperly expended NSP
funds' resulting in the U.S. Department ofHousing and Urban Development (HUD)
disallowing such expenditures, the RECIPIENT reserves the right to recover from the
SUBREC|P|ENTsuch disallowed expenditures from non -NSP sources. Audit procedures
are specified below inSection 3OOfthis Agreement.
29. ACCESS TO RECORDS
The RECIPIENT shall have authority to review any and all procedures and all materials,
nobuae, doournento, eto., prepared bvthe SUBRE[||P|EN-[inimplementation ofthis
Agreement, and the SUBRECIPIENT agrees to provide all information required by any
person authorized by the RECIPIENT to request such information from the
8UBREC|P|ENTfor the purpose of reviewing the same.
30. AUDIT
The SUBRECIPIENT agrees to provide RECIPIENT with an annual audit consistent with
the Single Audit Act of 1996, and the implementing requirements of OMB Circular A-1 33
"Audits of States, Local Governments and Non -Profit Institutions."
A. The SUBRECIPIENT agrees to provide RECIPIENT with an annual audit consistent
with the requirements as stated in the first paragraph of this section above. The
audit shall becompleted and submitted toRECIPIENT within the earlier of3Odays
after receipt of the auditor's report(s), or nine months after the end of the audit
period.
10
B. RECIPIENT will issue emanagement decision onaudit findings within six months
after receipt of the audit report and ensure that the RECIPIENT takes appropriate
and timely corrective action.
C. In those instances where less than $500,000 in assistance is received from all
Federal sources in any one fiscal year, and a single audit is not required, the
RECIPIENT requests the following information within the same timeframe as in A.,
above: (1) annual financial statements, (2) independent auditor's report on internal
control over financial reporting based on an audit of financial statements performed
in accordance with government auditing standards, and (3) the Management Letter.
D. The cost of the audit is not reimbursable from NSP funds.
E The RECIPIENT reserves the right torecover from the GUBREC|P|ENT'Snon-NSP
funds any NSP expenses which are disallowed by an audit.
31. CERTIFICATIONS
To conform with changes under Title III of Division B of the Housing and Economic
Recovery Act of2OO8analternative set ofcertifications hJthose contained iOthe current
Consolidated Action Plan, aaamended, isrequired. The alternative certifications are
tailored to NSP grants and remove certifications and references that are appropriate only
to the annual COBG formula program. By signing Exhibit 3the GUBREC|P|EyJTcertifiee it
will utilize NSP funds provided by RECIPIENT in compliance with these requirements
For State NSP funding awarded to the RECIPIENT andpassed-through to the
8UBREC|P|ENT. the SUBRE[||P|ENT must comply with Minnesota Statutes, Section
2SO.37O5byeither:
A. Depositing with the State, 8 percent of every payment made to non -Minnesota
construction contractors, where the contract exceeds $1OO.00O;or
El Receiving a waiver from this requirement from the Minnesota Department of
Revenue.
33. SPECIAL ASSESSMENTS
NSP funds may not beused topay any part of specialaoeaeonlentg. except as
authorized by the Act and ANY subsequent notice from HUD, and approved by the
RECIPIENT.
34. WORKERS COMPENSATION
For State NSP funding awarded to the RECIPIENT andpassed-through tothe
SUBRECIPIENT, the SUBRECIPIENT certifies that it is in compliance with Minnesota
Statute 178.181 Gubd.02. pertaining to worker's compensation insurance coverage. The
GUBREC|P|ENT'GeDlp|oygrs and agents will not beconsidered state employees. Any
claims that may arise under the Minnesota Worker's Compensation Act onbehalf of
these employees and any claims made byany third party asoconsequence ofany act or
omission on the part of these employees are in no way the State's obligation or
11
35. GOVERNING LAW, JURISDICTION AND VENUE
For State NSP funding awarded to the RECIPIENT and roughto the
GUBREC|P|ENT;Minnesota law, without regard ho its choice for law provisions, governs
this grant contract. Venue for all legal proceedings out of this grant contract, or its breach,
must be in the appropriate State or Federal court with competent jurisdiction in Ramsey
County, Minnesota.
38. TENANT PROTECTIONS
SUBREC|P|ENTshall ensure that it and itseubrecipients comply with tenant protections
specified inDivision A.Title XII ofthe American Recovery and Reinvestment Act of2DO8
(PL 111-5) under the heading "Community Planning and Development Community
Development Fund."
37. OPINION OF COUNSEL
The undenaigned, on behalf of the Hennepin County Attorney, having reviewed this
Agreement, hereby opines that the terms and provisions ofthe Agreement are fully authorized
under State and local law and that the SUBRECIPIENT has full legal authority to undertake or
assist in undertaking essential community development and housing assistance activities,
specifically urban renewal and publicly -assisted housing.
Assistant County Attorney
12
RECIPIENT EXECUTION
The Hennepin CountyBoard ofCommissioners having duly approved this Agreement on
2009 pursuant to Resolution 08-0518 and the proper County officials having
signed this Agreement, the RECIPIENT agrees to be bound by the provisions herein set forth.
Approved oatoform
and execution
Assistant County Attorney
COUNTY OFHENNBz|N
STATE {}FMINNESOTA
By:
Chair ofIts County Board
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
And:
Assistant County Administrator
Public Works
Recommended for Approval:
Department Director, Housing, Community
Works and Transit
Date :
13
SUBRECIPIENT EXECUTION
SUBRECIPIENT, having signed this Agreement and the SUBRECIPIENT'S
governing body having authorized such approval and the proper officials having signed
this Agreement, SUBRECIPIENT agrees to be bound by the provisions of this
Agreement.
By entering into this Agreement the SUBRECIPIENT certifies that it is not
prohibited from doing business with either the Federal government or the State of
Minnesota as a result of debarment or suspension proceedings.
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF
CRYSTAL
By:_
Its:
And:
Its:
Attest:
Title:
Date:
Exhibit 1
Activity Name: City ofCrystal Neighborhood Stabilization Program
Activity Administration:
Economic Development Authority of the City of Crystal
Name of Applicant / Organization
4141 Douglas DriveNorth
Address
Contact Person Address
(763) 531-1142
Contact Person Telephone
Number
John Sutter
Contact Person
john.sutter@ci. crystal. mn. us
Contact Person E -Mail
(763) 531-1188
Contact Person Fax Number
Activity Description/ NSP Eligible Uses:
(A) Establish financing mechanisms for purchase and redevelopment of
foreclosed upon homes and residential properties:
1.) Homeownership Assistance
Centrally administered loan pool(s) for downpayment, closing cost, and/or contract for
deed assistance (loan pool programs will be administered by County staff or by
contracted nonprofit organizations with experience and capacity to deliver such loan
programs).
All homeownership assistance programs funded with NSP funds will serve households
Et0[below 12Opercent AMI. AOappraisal and inspection iGrequired within OOdays Of
closing. The final purchase price must be8minimum Of1596below the current
appraised value. C}ffena submitted before an appraisal is complete will require an
addendum. Hennepin County will coordinate appraisals; appraisal costs will be paid from
the Project AotivitvBudget. NSP funds will bnstructured aazero percent interest loans
due and payable if the property is sold, transferred or no longer owner occupied before
the end ofthe loan term. Depending upon the NSP funding level, loans may bepayable
or forgivable; the loan term will be based on the HOME required periods of affordability
as shown in the following table:
Prospective will berequired to attend ominimum ofoneeight-hour pre-
acquisition HUU-oertifiedho counseling session; where available, Hennepin
County will also encourage post -acquisition homeownership training.
Eligible homebuyers must obtain oprime, Dnod'ro[e.first mortgage. ThehonnebUye/s
principal, interest, taxes, insurance and (if applicable) homeowner association fees shall,
to the greatest extent feasible, not exceed 30 percent of the family's adjusted gross
income. NSP funds will primarily serve to reduce the gap between the sales price -based
mortgage and 3Opercent Ofthe family's income.
|ncases where oforeclosed home requires minimal rehabilitation, homebuyers may also
seek NSP funding through the Purchase Rehabilitation Loan Programs.
Homebuyers will be required to provide a minimum of fifty percent (50%) of any lender
[eqUiveddovvnpayDOent
2.) Purchase Rehabilitation Loan Proaram
Centrally administered loan pool(s) for homebuyer rehabilitation of foreclosed properties
(loan pool programs will be administered by County staff or by contracted nonprofit
organizations with experience and capacity to deliver such loan programs).
All purchase rehabilitation loan programs receiving NSP funds will serve households at
orbelow 120percent AMI. Hennepin County will require 8Dappraisal and inspections Of
each property considered for acquisition; based on this information, any submitted offers
will beotleast 5percent below the current appraisal value. |naggregate, Hennepin
County will achieve @ OnininRUnn discount rate Uf15 percent for all NSP properties
acquired. NSP funds will be structured as zero percent interest loans due and payable if
the property is sold, transferred or no longer owner -occupied before the end of the loan
term. Depending upon the NSP funding level, loans may be payable or forgivable; the
loan term will be based on the HOME required periods of affordability as shown in the
table below:
Prospective buyers will b8required tVattend ominimum ofone eighthDUrp[g-
anquisiUonHUO-Certifiadhornebuyercounee|iOgs8SSOO;VVh8[88V8i|8bke.HeODepiO
County will also encourage post -acquisition homeownership training.
Eligible homebuyers must obtain aprime, ofixed-rate first mortgage. Thahonnebuyar'a
principal, interest, taxes, insurance and (if applicable) homeowner association fees shall
to the greatest extent feasible not exceed 30 percent of the family's adjusted gross
income. Should a gap exist between the sales price -based mortgage and 30 percent of
the family's income, homebuyers may also seek NSP funding through Homeownership
Assistance Programs.
Homebuyers will be required to nnehu 8 DliDiDlUDl investment of $1,000.
3.)Affordable HouaiDoAcauiahion/Rehab||itaUon
Centrally administered gap funding loan pool for public and/or nonprofit acquisition,
rehabilitation, and resale of foreclosed vacant single-family homes and/or multi -family
property tVprovide homeownership O[rental opportunities serving low income (<5O
percent AMI) and/or homeless persons.
NSP Affordable Housing Acquisition/Rehabilitation will provide NSP funding to cities, for-
profit
The County will seek opportunities to utilize properties acquired through this activity to
meet its affordable rental housing goals and goals under its Continuum of Care and
Heading Home Hennepin Plan toEnd Homeless.
Eligible properties may be purchased directly by HenniOCOUntv the Hennepin Countv
Housing and Redevelopment Authority, the city the property islocated in, O[8nonprofit
organization with experience and capacity providing housing tOlow-income households.
Hennepin County will require an appraisal and inspection of each property considered
for acquisition; based on this information, any submitted offers will be at least 5 percent
below the current appraised value. |Daggregate, Hennepin County will achieve 8
minimum discount rate Uf15 percent for all NSP properties acquired.
The resale price for homeownership activities will be DO greater than the total investment
including; 8cquieition, rehabilitation and associated program delivery costs for
homeownership activities. The resale price for rental activities will bObased onthe
market value ofthe property. Toassist inmeeting occupant affordability requirements,
some or all of the original NSP investment may remain in the property as a deferred loan
/neDt8|\o[soft-second affordability loan (hornaovvnnnah|p). NSP assistance will bo
provided inthe form ofadeferred, forgivable loan o[grant. The loan term will bebased
Vnthe HOME required periods ofaffordability aoshown inthe table below:
Prospective buyers will be required to attend G [OiDiDluOl of one eight-hour pre-
acquisition HUD -certified homebuyer counseling session; where available, Hennepin
County will also encourage post -acquisition homeownership training.
Eligible homebuyers must obtain eprime, fixed-rate first mortgage. lhBhomebuyer's
principal, interest, taxes, insurance and (if applicable) homeowner association fees shall
to the greatest extent feasible not exceed 3Opercent ofthe family's adjusted gross
income. Should a gap exist between the sales price -based mortgage and 30 percent of
the family's income, homebuyers may also seek funding through NSP Homeownership
Assistance Programs.
Homebuyers will be required to make a minimum investment of $1,000.
(B) Purchase and rehabilitate homes and residential properties that have been
abandoned or foreclosed upon, in order to em||, rent, or redevelop such homes
and properties.
1.) Acquisition/Rehabilitation Revolving Loan Program
City administered loan pool(s) to support private sector foreclosure rehabilitation. Funds
will bnavailable onecompetitive basis tononprofit and private organizations or
individuals who demonstrate the capacity to acquire and rehabilitate foreclosed and
vacant properties. Developers must demonstrate the ability tuundertake projects ina
timely fashion. Hennepin County will monitor outcomes otsix month, nine month, and
12 month iDt8rVG|S. Timely expenditure requirements with a provision for
peouptUre/nedintributionvVi|| be included in all Developer agreements.
To the extant private activity fails to meet projections, Hennepin County and/or local
municipalities may undertake direct acquisition/rehabilitation/resale under this activity.
All acquisition/rehabilitation revolving loan programs receiving NSP funds will serve
households mto[below 12Opercent AN1|. Hennepin County will require 8Dappraisal and
inspection of each property considered for acquisition; based onthis information, any
submitted offers will be at least 5 percent below the current appraised value. In
aggregate, Hennepin County will achieve minimum discount rate of15 percent for all
NSP properties acquired.
Amount ofassistance will bedetermined based onthe cost of acquisition/rehabilitation.
NSP funds may be used for up to 100 percent of the acquisition/rehabilitation cost.NSP
funds will be structured as five (5) year, low-interest or zero percent -interest loans due
and payable when the property iesold. The affordability period, gsshown iDthe table
below, will be based on the amount of NSP funds, if any, not repaid when the property is
The minimum affordability period is five (5) years.
ADDITIONALLY, UPON RESALE, prospective buyers will b8required toattend a
minimum Ofone eight-hour pre-acquisition HUD -certified homebuyer cnuDS8iDgS8oaon;
where available, Hennepin County will also encourage post -acquisition hoOQ8OVvD8rohip
training.
NSP restricts the resale price nfany NSP -assisted property to the cost of acquisition,
rehabilitation and transaction. Properties that are sold otemaximum NSP resale price,
but less than the fair market value, provide direct assistance to the homebuyer equal to
the difference between the NSP naoa|e price and the fair market value. This assistance
will be structured in the form of zero percent /096\ deferred loan for at least the term of
the required affordability period, or an equity sharing agreement for at least the term of
the required affordability period, oro resale restriction filed on the property requiring that
the property be resold to another eligible buyer for at least the term of the required
affordability period.
Properties that are sold for fair market value, but less than the cost of acquisition,
rehabilitation and transaction, d0not cover the cost of the development. In this case,
there is no direct assistance to the homebuyer and a resale restriction will be filed on the
property requiring that the property be resold to another eligible buyer for at least the
term ofthe required affordability period.
Eligible homebuyers must obtain aprime, afixed-rate first mortgage. -[hahonnehuygr'o
principal, interest, taxes, insurance and (if applicable) homeowner association fees shall,
to the greatest extent feasible, not exceed 30 percent of the family's adjusted gross
income. Should a gap exist between the sales price -based mortgage and 30 percent of
the family's income, homebuyers may also seek NSP funding through Homeownership
Assistance Programs. The affordability period will bebased oDthe amount 0f
assistance provided as shown inthe table below.
Homebuyers will be required to make a minimum investment of $1,000.
2.) FHA Rehabilitation
City administered loan pool(s) to support for-profit and nonprofit developers for
acquisition, rehabilitation and resale Dfsingle family foreclosed properties.
Rehabilitation work will qualify the properties for FHA financing.
Developers must demonstrate the ability to undertake projects in 8 timely fashion.
Hennepin County will monitor outcomes at six month, nine month, and 12 month
inton/o|e. Timely expenditure requirements with a provision for recapture/redistribution
will beincluded inall Developer agreements. Developers may access NSP funds to
acquina, rehabilitate and resell foreclosed single family prnpediento FHA qualified
buyers. NSP FHA Rehabilitation funding will berepaid bypermanent financing and
recycled within this activity for more FHA rehabilitation.
To the extent private activity fails to meet projections, Hennepin County and/or local
municipalities may undertake direct acquisition/rehabilitation/resale under this activity.
All acquisition/rehabilitation revolving |V@D p[Vg[@Dlg receiving NSP funds will serve
households 8tOrbelow 12Opercent AMI. Hennepin County will require 8Dappraisal and
inspection of each property considered for acquisition; based on this information, any
submitted offers will be8tleast 5percent below the current appraised value. In
aggregate, Hennepin County will achieve aminimum discount rate Of15percent for all
NSP properties acquired.
Amount of assistance will be determined based on the cost of acquisition/rehabilitation.
NSP funds may beused for upto1O096Vfthe acquisition/rehabilitation cost. NSP funds
will be structured as five /5\ year. low-interest or zero percent -interest loans due and
payable when the property iosold. The affordability period, aeshown inthe table below,
will be based on the amount of NSP funds, if any, not repaid when the property is sold.
The minimum affordability period is five (5) years.
ADDITIONALLY, UPON RESALE, prospective buyers will be required to attend
minimum 0fone eight-hour pre-acquisition HUD -certified homebuyer counseling session;
where available, Hennepin County will also encourage post -acquisition homeownership
training.
NSP restricts the resale price of any NSP -assisted property to the cost of acquisition,
rehabilitation and transaction. Properties that are sold at noaxinounn NSP resale price,
but less than the fair market value, provide direct assistance to the homebuyer equal to
the difference between the NSP resale price and the fair market value. This assistance
will be structured in the form of zero percent (096) deferred loan for at least the term Of
the required affordability period, or an equity sharing agreement for at least the term of
the required affordability period, ora resale restriction filed on the property requiring that
the property be resold to another eligible buyer for at least the term of the required
affordability period.
Properties that are sold for fair market value, but less than the cost ufacquisition,
rehabilitation and transaction, donot cover the cost ofthe development. |nthis case,
there is no direct assistance to the homebuyer and a resale restriction will be filed Onthe
property requiring that the property be resold to another eligible buyer for at least the
term Ufthe required affordability period.
Eligible homebuyers must obtain aFHA fixed-rate first mortgage. ThehODl8buver'G
principal, interest, taxes, insurance and (if applicable) homeowner association fees shall
to the greatest extent feasible not exceed 30 percent of the family's adjusted gross
income. Should ogap exist between the sales price -based mortgage and 3Opercent of
the family's income, homebuyers may also seek NSP funding through Homeownership
Assistance Programs. The affordability period will bebased onthe amount of
assistance provided as ShOVVO in the table below.
Homebuyers will b8required tOmake aminimum investment of$1.00O.
(C)Establish land banks for homes that have been foreclosed upon
(D) Demolish blighted structures
(E) Redevelop demolished orvacant properties
1.) Acquisition, Demolition, Redevelopment or Land Banking
Public acquisition and demolition of foreclosed vacant single-family homes that meet the
local definition of a blighted structure. The final blight determination will be made by the
Building Official for the municipality the property is located in. Demolition and land
banking activities will be limited to Hennepin County, the Hennepin County Housing and
Redevelopment Authority or a municipality, and title to any such properties will be held
by one of these entities. Subrecipients must demonstrate the ability to undertake
projects in a timely fashion. Hennepin County will monitor outcomes at six month, nine
month and 12 month intervals.
Hennepin County will require an appraisal and inspection of each property considered
for acquisition; based on this information, any submitted offers will be at least 5 percent
below the current appraised value. In aggregate, Hennepin County will achieve a
minimum discount of 15 percent for all NSP properties acquired. The resale price, if
required, will be no greater than the total investment, including acquisition, rehabilitation
and associated program delivery costs. A restrictive covenant will be filed on the land to
ensure that future property uses will comply with NSP eligible activities.
Following demolition, the property will be offered for sale to a nonprofit or for-profit for
redevelopment and construction of new housing units as soon as feasible.
Redevelopment options include, but are not limited to: resale to Twin Cities Habitat for
Humanity (TCHFH) for new construction homeownership opportunities; or resale to a
nonprofit for special needs rental housing.
If redevelopment within a reasonable time period is not feasible, the land will be held
(land banked) by the acquiring agency or its designee. Redevelopment may include the
sale of the property at current fair market value, or below current fair market value based
on the degree of benefit to households below 120 percent AMI.
New financing documents and/or a new covenant will be filed at the close of the
financing on the redevelopment activity. At a minimum, the loan term will be based on
the HOME required periods of affordability as shown in the table below:
The rate and term of these loans are not known at this time and would be based on the
future activity (rental, homeownership, public facility) and what other funding sources are
used for the activity.
Activity Location:
As identified in the attached map (Exhibit 1 B),
Lee Park Neighborhood (all in 55422): East of TH 100, South of 36th Avenue.
Becker Neighborhood hnoodvaUin : West ofthe BNGFrailroad, north ofthe CP
nai|roed, and south ofCGAH 1O/5OthAvenue/Bass Lake
Twin Oaks Neighborhood (all in55420: East ofthe BN8Frailroad, north ofthe CP
railroad, and south of CSAH1O(56thAvenue/Bass Lake Road extended east to Twin
Broadway Neighborhood (all iA55420:North ofCGAH1O(5Oth Amnue0assLoko
Road) and west ofCGAH8(West Bnoadxvav).
Forest Neighborhood (nearly all in 55428) West of CSAH 102 (Douglas Drive), north of
C8AH8(Rockford Roed/42DdAvenue>.and
Skyway Neighborhood (epprox.S5f6ofhousing units in5542S.5q6in5542O)
Welcome Park Neighborhood /approx.8OY6ofhousing units in55422.2O96in5542S\
Lions Park (all in5542O)
NSP targeted to Households earning 50% or less of Area Median Income:
One Ufthe two Purchase Rehab projects 8Ddbwoofth8UV8L8DdBaDkiOgprojects will
b8income-restricted tOhomebuyers earning nVmore than 5O96ofAMI.
ActivitV Budget: Attached anExhibit 1A
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Minnesota HOUSing NSP
NSP Ter 2 Green
H "-,-C ---- - ---
C Cities
Hennepin County Housing Community Works and Transit
Minnesota Mousing NSP
Priority Neighborhood Stabilization Areas
Priority funding in Tier One areas fust, Tier Two second, and Tier 3 thud as fundin
allows.
Tier One
Brooklyn Center
Census Tract 020400
Block Group(s)1
Brooklyn Center
Census Tract 020500
Block Groups,
1-4
Brooklyn Center
Census Tract 020600
Block Groups,
1-2
Brooklyn Park
Census Tract 026811
Block Groug(s)
22
Brooklyn Park
Census Tract 026814
Block Group(s)
4
Brooklyn Park
Census Tract 026816
Block Group(s)
5
Brooklyn Park
Census Tract 026818
Block Group(s)
33
Champlin
Census Tract 026908
Block Group
s)1-4
Crystal
Census Tract 020801
Block Groups,
1-2
Crystal
Census Tract 021300
Block Groups)
3
New Hope
Census Tract 021502
Block Group(s)1-3
Richfield
Census Tract 024802
Block Groups,
1-3
Robbinsdale
Census Tract 021300
Block Group(s)1-2,
4
Robbinsdale
Census Tract 021400
Block Groups)
1-3
Tier Two
Brooklyn Center
Census Tract 020400
Block Groups)
2-4
Brooklyn Center
Census Tract 026811
Block Groups)
3
Brooklyn Park
Census Tract 026807
Block Group(s)
6
Brooklyn Park
Census Tract 026809
Block Groups)
3
Brooklyn Park
Census Tract 026810
Block Group(s)
1, 5
Brooklyn Park
Census Tract 026814
Block Group(s)
5
Brooklyn Park
Census Tract 026818
Block Group(s)1
Richfield
Census Tract 024902
Block Group(s)1-2
Tier Three
Brooklyn Park
Census Tract 026814
Block Groups,
1-3
Brooklyn Park
Census Tract 026816
Block Groups,
1-4
Brooklyn Park
Census Tract 026819
Block Groups)
2
Crystal
Census Tract 020700
Block Group(s)1-4
Crystal
Census Tract 020902
Block Group(s)1-2
Crystal
Census Tract 021502
Block Groups)
1
Richfield
Census Tract 024801
Block Group(s)1-2
Richfield
Census Tract 024901
Block Group(s)2-3
Richfield
Census Tract 024903
Block Group(s)1-2
Robbinsdale
Census Tract 021100
Block Group(s)
1-2
Monday,
October 6, 2008
Department, .
Housing =® Urban
Development
Notice of Allocations, Application
Procedures, Regulatory Waivers Granted
to and Alternative Requirements for
Emergency Assistance for Redevelopment
of Abandoned and Foreclosed Homes
Grantees Under the Housing and
Economic Recovery Act, 2008; Notice
THE REMAINING 20 PAGES OF EXHIBIT 2 (FEDERAL
REGISTER) TO THE SUBRECIPIENT AGREEMENT ARE NOT
INCLUDED HEREIN TO SAVE PAPER, BUT WILL BE
INCLUDED IN THE EXECUTED SUBRECIPIENT AGREEMENT
v FJs
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair
housing, which means that it will conduct an analysis to identify impediments to fair housing
choice within the jurisdiction, take appropriate actions to overcome the effects of any
impediments identified through that analysis, and maintain records reflecting the analysis and
actions in this regard.
(2) Anti -lobbying. The jurisdiction will comply with restrictions on lobbying required by
24 CFR part 87, together with disclosure forms, if required by that part.
(3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out
the programs for which it is seeking firnding, in accordance with applicable HUD regulations
and other program requirements.
(4) Consistency with Plan. The housing activities to be undertaken with NSP funds are
consistent with its consolidated plan, which means that NSP funds will be used to meet the
congressionally identified needs of abandoned and foreclosed homes in the targeted area set
forth in the grantee's substantial amendment.
(5) Acquisition and relocation. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR
part 24, except as those provisions are modified by the Notice for the NSP Program published
by HUD.
(6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1.701u), and implementing regulations at 24 CFR part
135.
(7) Citizen Participation. The jurisdiction is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115,
as modified by NSP requirements.
(8) Following Plan. The jurisdiction is following a current consolidated plan (or
Comprehensive Housing Affordability Strategy) that has been approved by HUD.
(9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B
of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice,
all of its grant funds within 18 months of receipt of the grant.
(10) Use NSP funds _< 120 of AML The jurisdiction will comply with the requirement that
all of the NSP fiends made available to it will be used with respect to individuals and families
whose incomes do not exceed 120 percent of area median income.
(11) Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by
assessing any amount against properties owned and occupied by persons of low- and
moderate -income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements. However, if NSP funds are used to pay the proportion of
a fee or assessment attributable to the capital costs of public improvements (assisted in part
with NSP funds) financed from other revenue sources, an assessment or charge may be made
against the property with respect to the public improvements financed by a source other than
CDBG funds. In addition, with respect to properties owned and occupied by moderate -
income (but not low-income) families, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than NSP funds
if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment.
(12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a
policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
(2) a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from, a facility or location that is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
(13) Compliance with anti -discrimination laws. The NSP grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d),
the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations.
(14) Compliance with lead-based paint procedures. The activities concerning lead-
based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this
title.
(15) Compliance with laws. The jurisdiction will comply with applicable laws.
Signature/Authorized Official
Title
Date
MEETING SCHEDULE
EE
b)
C)
6:00 — 6:30 p.m.
6:30 — 6:55 p.m.
7:00 p.m.
Citizen Input Time in Conference
Room A
Closed EDA Meeting in the Council
Chambers
Regular City Council Meeting in the
Council Chambers
d) After the Reg Council Meeting Special EDA Meeting in the Council
Chambers
Crystal City Council
PRELIMINARY AGENDA &
Meeting Schedule
May 19, 2009
7:00 P.M.
Council Chambers
I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
II. BOARD OF APPEAL & EQUALIZATION MEETING (RECONVENED)
The Council will consider the following agenda items:
1. Review the Hennepin County Assessor's Report of Appealed Properties from May
5,2009;and
2. Adopt the 2009 Assessment Roll.
111. ACKNOWLEDGEMENTS
The Council will acknowledge the following donations:
a. $100 from Scott Linge and Janice Jorgens for Memory Lane Pond plantings; and
b. $1,000 from the VFW Post 494 for the Crystal Airport Open House.
IV. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meeting:
a. Regular City Council Meeting from May 5, 2009.
V. 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 special permit for wine and beer at Bassett Creek Park on May 29,
2009 submitted by Larwin Kauffman;
4. Approval of a special permit for wine and beer at Bassett Creek Park on June 7,
2009 submitted by Jennifer Poncelet;
5. Approval of an off-site gambling permit for pull tabs at Becker Park during the
Crystal Frolics, July 23-26, 2009, submitted by the Crystal Lions.
6. Acceptance of Angela Scheibe's resignation from the Planning Commission;
Crystal City Council
Meeting Agenda
May 19, 2009
V. CONSENT AGENDA CONTINUED
7. Acceptance of Hilary Hauser's resignation from the Human Rights Commission;
and
8. Adopt the 2010 budget calendar.
V1. PUBLIC HEARINGS
The Council will receive oral and written testimony and consider the following public
hearings:
1. Water shut offs for noncompliance with water meter conversion project.
As discussed during work sessions, part of the water meter replacement
process includes sending notices threatening water shut-off to those
properties where we haven't been able to gain entry to replace the water
meter. Part of the shut-off process requires property owners the
opportunity to appear at a hearing before the Council. The first round of
these notices were sent out and one property owner wishes to be heard at
the May 19 meeting.
2. The Alley Reconstruction Project #2009-06 (resolution ordering the project;
preparing the plans and specifications, ordering the ad for bids).
The public hearing for this year's alley project is scheduled for May 19.
Residents attending the recent open house were supportive of this project.
Recommend approval of proceeding with the project.
3. City Charter amendments to Sections 2.04 and 6.05.
As discussed last month, the Charter Commission is recommending
changes to Section 2.04 of the Charter clarifying residency requirements at
the time of filing and Section 6.05 increasing the maximum amount of
purchases and contracts authorized without Council approval to $25,000. In
order for the amendments to be approved, all councilmembers must be in
attendance and approve the proposed amendments.
VII. 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
May 19, 2009
VIII. REGULAR AGENDA
1. The Council will consider appointing Cecilia Stanton to the Human Rights
Commission for a partial 3 -year term expiring December 31, 2009.
The applicant is unable to attend the meeting to formally receive her
appointment. However, the interview committee recommends her
appointment to the HRC.
2. The Council will consider a resolution amending the 2009 Budget for the General
Fund, the Permanent Improvement Revolving Fund, and the Police Equipment
Revolving Fund.
The proposed changes to the 2009 budget have been discussed with the
Council and are to address the anticipated $510,000 reduction in Local
Government Aid. These changes need to be formally approved by the
Council; recommend approval of the resolution.
3. The Council will consider a resolution awarding the Phase 10 Welcome Street
Reconstruction Staking and Inspection Contract to SEH.
Recommend approval of the staking and inspection contract for this year's
street reconstruction project.
4. The Council will consider Application 2009-04 for a variance to reduce the front
(east) setback at 4933 Vera Cruz Avenue North.
The house at 4933 Vera Cruz (constructed in 1927) encroaches in the front
yard setback by 7 feet and is a nonconforming structure. The property owner
wishes to build an addition to the home. In order to proceed with the
addition to a nonconforming structure, a variance is required. At its May 11
meeting, the Planning Commission unanimously recommended approval of
this variance application.
5. The Council will consider the Comprehensive Plan Update for submittal to
Metropolitan Council.
Late in 2008, the Council approved the Comprehensive Plan Update and the
approved plan was sent to adjacent jurisdictions for the six month review
period. The only comment received was from New Hope regarding the
regional trail alignment through the southern part of Crystal. As there was
considerable discussion regarding this matter during the planning process,
no changes are recommended to this section of the Update. Several
changes are recommended to Chapter F — Land Use. At its May 11 meeting,
Page 3 of 4
Crystal City Council
Meeting Agenda
May 19, 2009
the Planning Commission unanimously recommended adoption of the
Comprehensive Plan Update.
6. The Council will consider the County Road 81 Right -Of -Way Agreement.
Hennepin County is proceeding with acquiring the parcels necessary for the
CR 81/Boffineau Boulevard project. Before they proceed with final design
and acquiring partial easements, Hennepin County is requesting Crystal
approve and authorize execution of the right-of-way agreement. Recommend
approval of executing the right-of-way agreement.
IX. INFORMAL DISCUSSION AND ANNOUNCEMENTS
a) The Crystal Business Association meets on Wednesday, May 20, at 8:30 a.m. at
Wells Fargo.
b) City Offices will be closed on Monday, May 25 for the Memorial Day Holiday.
c) The next City Council Meeting will be at 7:00 p.m. on June 2 in the Council
Chambers at City Hall.
X. ADJOURNMENT
XI. MEETING SCHEDULE ON MAY 19, 2009
a) 6:00 — 6:30 p.m. Citizen Input Time in the Conference Room A
b) 6:30 — 6:55 p.m. Closed Special EDA meeting in the Council
Chambers
c) 7:00 p.m. Regular City Council Meeting in the Council
Chambers
d) After the Regular Council Meeting Reconvened Special EDA Meeting in the
Council Chambers
Have a great weekend; see you at Tuesday's meeting!
Page 4 of 4
Crystal City Council
Meeting Packet
May 19, 2009
BOARD OF APPEAL i EQUALIZATION
(RECONVENED)
The Council will consider the following agenda items:
1. Review the Hennepin County Assessor's Report of
Appealed Properties from May 5, 2009; and
2. Adopt the 2009 Assessment Roll.
Documentation not available in time for packet - Assessors'
report will be handed out at the meeting on May 19.
For a list of appealed properties, please review the meeting
minutes from May 5, 2009 in this packet.
Crystal City Council
Meeting Packet
May 19, 2009
V1. PUBLIC HEARINGS
The Council will receive oral and written testimony and
consider the following public hearings:
1. Water shut offs for noncompliance with water meter
conversion project.
2. The Alley Reconstruction Project #2009-06 (resolution
ordering the project; preparing the plans and
specifications, ordering the ad for bids).
3. City Charter amendments to Sections 2.04 and 6.05.
COUNCIL STAFF REPORT
CIT i Y�pf Water Shut Off Public Hearing
I.CRYSTAL
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for April 21 Council Work Session)
DATE: April 16, 2009
RE: Shut Offs Associated with Meter Replacement Project
Attached is a copy of the letter sent to approximately 130 properties as part of the
final effort to gain compliance with the sump pump inspection and water meter
replacement project. Of these, approximately 25 have not complied with the
requirements of the applicable City codes. And of this group, most likely
possibly 50% will end up being unoccupied for one reason or another.
These properties are now subject to both the financial penalties, and having their
water service turned off. The final official step prior to shut off is to conduct a
public hearing during which property owners can voice their grievances relating
to why they have not or been unable to comply with the requirements. Currently,
only one owner has expressed a desire to appear at the hearing.
The Council should open the hearing at the start of the Council meeting on May
19, and then either take no action, or appropriate action as seen necessary.
After the council meeting, the Utility Department will proceed with initiating the
shut off procedure. This will include hand delivering a 24-hour shut off notice to
be posted on the door of the property.
Upubworks/Meter Replacement ProjecUmeterreplcmem6 5-14-09
4141 Douglas Drive North. Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 . Fax: (763) 531-1188 . www.d.crystal.ran.us
Notice of Water Service Shut Off
AL Water & Sewer Penalty Billing
)09
Dear Water Utility Customer / Property Owner I Property Uccupant:
This is to inform you that the City of Crystal is preparing to shut off water service to the
above property on May 20, 2009, for failure to allow access to change the water meter
and perform a sump pump/footing drain inspection. A copy of the ordinance allowing for
water shut off is printed on the back of this notice. A dwelling without water service
would ultimately be declared unsanitary and therefore unfit for human habitation.
This is also to inform you that beginning June 1, 2009, a $113 per quarter meter access
denied penalty, plus a $100 per month sump pump/footing drain inspection failure, will
be added to future utility bills. These charges will continue each quarter/month until such
time as access is allowed and the installation and inspection have been completed.
These actions are the result of numerous failed attempts to schedule an appointment to
complete the necessary work. The water meter and radio installation is free of charge. But any
work necessary to bring noncompliant sump pump/footing drain discharge into compliance is
the property owner's responsibility.
Customers are required to make sure that the shut-off valves on both sides of the water meter
are functioning properly. Both valves are the property of the property owner. The owner will be
billed $136 for a replacement street side shut-off valve if it must be replaced to safely install the
new water meter. Please be sure the area around your water meter is accessible to the installer
and that the valves are operational.
To avoid having your water shut off, and these charges on your bill: you must both
schedule and follow through with an appointment by May 15, 2009. This can be
accomplished at www.SL-serco.com/Crystal, or with the SL-serco call center at 612-782-
9716, or by email appointment(d)-SIL-ser.com.
You have the right to a hearing before the City Council at 7 p.m. on May 19, 2009 at City
Hall, 4141 Douglas Drive N. A request for such a hearing must be made in writing to the
City Manager no later than five days after the mailing of this notice.
If you have questions about this project, please call the SL-serco call center at 612-782-9716 or
call Sandra at City Hall at 763-531-1139.
cerely,
Thomas M4a�th*n
Crystal City Engineer Public Works Director
(See reverse for city ordinances regarding access to your home)
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for May 19 City Council Meeting)
DATE: May 14, 2009
RE: Project # 2009-06
On April 21, 2009, the Council adopted a resolution receiving the feasibility report
for the 2009 Alley Construction Project, and set the public hearing to consider the
project for May 19, 2009. The project consists of building concrete alleys along
the rights of way for the Florida — Louisiana alleys, parallel to and between
Fairview and 501h Avenues. The intent is to use Chapter 429 of the State Statutes
to assess a portion of the project cost to the befitting property owners.
DISCUSSION
If the Council adopts the attached resolution ordering the project, preparation of
plans and specifications, and advertisement for bids, the Council may be able to
review the bids and consider contract award at the July 7 Council meeting. This
schedule will give the contractor as much time as possible to complete the work
this year.
DRIVEWAYS
As with the street projects, property owners with garages off the alley will be able
to participate in a driveway reconstruction program.
FINANCIAL IMPACT
The total estimated project cost remains at $128,000 and is the same amount that
was in the feasibility study. The cost will be paid by a 60% assessment to the
benefiting property owners, and a 40% contribution from the Storm Drain Utility
Fund. The estimated unit assessment is $1,450 per single/duplex residence for
the concrete alley and related drainage, to be assessed over a ten year period.
There is no impact on the General Fund.
RECOMMENDATION
It is recommended that the Council adopt the attached resolution ordering the
project, the preparation of plans and specifications, and the advertisement for
bids for construction of the project.
Respectfully submitted,
Thomas A. Mathisen
City Engineer/Director of Public Works
1: Pu bworks/projects/2009/alleycon/orderprjctpre padm em
RESOLUTION NO. 2009 -
ORDERING PUBLIC IMPROVEMENT PROJECT #2009-06
ALLEY CONSTRUCTION, PREPARATION OF PLANS AND
SPECIFICATIONS, AND ADVERSTISEMENT FOR BIDS
BE IT RESOLVED by the City Council of the City of Crystal, Minnesota,
as follows:
Section 1. Background/findings
1.01. On April 21, 2009, the Council received the feasibility study as
prepared by the City Engineering Department (Study) dated April 2009, and set a
public healing on the Project for May 19, 2009 under the provisions of Mimiesota
Statutes, Chapter 429 (Act), regarding the construction of a new concrete alley
along the rights of way for the Florida — Louisiana alleys, parallel to and between
Fairview and 50t" Avenues..
1.03. A public meeting to discuss the Project was held at City Hall on
Tuesday, May 19, 2009.
1.04. Mailed and published notice of the public hearing was given in
accordance with the Act. The public hearing was duly conducted on this date and
all interested persons were given an opportunity to be heard.
1.05. The Council finds and determines that it is in the best interests that
the Project be constructed and financed as proposed in the Study.
1.06. It is found and determined that the Project has no relationship to
the Comprehensive Municipal Plan.
1.07 It is found and determined that the present intent of the Council is
to finance a portion of the cost of the Project by direct assessment to benefited
property owners.
Section 2. Orders/Authorizations
2.01. The Project as proposed in the Study is hereby ordered.
2.02. The Engineering Department and the City Manager are authorized
and directed to prepare plans and specifications for the construction of the Project
and to advertise for bids for contracts for the construction of the Project in
accordance with the Act.
2.03. The Project is designated Improvement Project #2009-06 Alley
Construction Project.
Adopted by the Crystal City Council this 19th day of May 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
I:/pubworlcs/projects/2009/Alley Re-cons/orderandadvtsres
COUNCIL STAFF REPORT
ICITY
Public Hearing: Amendments to Sections 2.04 and 6.05 of the
RYSIAL
City Charter
Cf'
FROM: Janet Lewis, City Clerk T
DATE: May 15, 2009
TO: Mayor and Council Members
City Manager
CC: City Attorney
The City Council ordered a public hearing at its regular Council Meeting on April 21,
2009 to consider proposed amendments to Sections 2.04 and 6.05 of the City
Charter.
The hearing notice was published on April 30, 2009 in the Crystal-Robbinsdale
SunPost.
Amendments to the City Charter must be approved unanimously by all seven Council
Members.
On May 19, 2009, the City Council may take public comment and consider the First
Reading of the ordinance amending Sections 2.04 and 6.05 of the City Charter.
The Second Reading is scheduled on June 2, 2009.
If approved, the ordinance summary will be published on June 11, 2009 in the
Crystal —Robbinsdale SunPost. The ordinance would then become effective and
codified on September 11, 2009.
Council Action Requested
After public comment is taken, consider approving the First Reading of an
ordinance amending Sections 2.04 and 6.05 of the City Charter.
Exhibits
A) Proposed Ordinance
B) Notice of Public Hearing
C) Pages 2 and 14 of the Current City Charter
1:\Commissions\Charter\2009\CounciI Staff Report Form Lewis-5.19.09—charter amendments.doc
AN ORDINANCE RELATING TO THE CRYSTAL
CITY CHARTER AMENDING SECTIONS 2.04 AND 6.05
THE CITY OF CRYSTAL ORDAINS:
Section 1. Background; findings; authority.
1.01. The City of Crystal (City) is governed by home rule charter adopted pursuant to the
Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02. The Charter Commission of the City has proposed the adoption of amendments
(Amendments) to the charter and recommended to the City Council that the Amendments be
adopted by City Council ordinance in the manner prescribed by Section 410.12, subdivision 7, of
the Act. The form of the Amendments is set out in Section 2.02.
1.03. A public hearing on the Amendments was held on May 19, 2009 by the City Council after
two weeks' published notice containing the text of the Amendments as required by the Act. The
notice contained a brief description of the nature and scope of the Amendments. All persons
desiring to be heard with reference to the Amendments were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the City and its residents
that the Amendments be adopted.
Section. 2 Adoption; effective date; filing.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. The text of the Amendments is as follows: (New language underlined: deleted language
lined through)
"Section 2.04. Resident Councilmembers. Four of the councilmembers must be
ward resident councilmembers and are qualified as follows: one councilmember must be,
at the time of failing for election or appointment, a resident of the First Ward; one
councilmember must be, at the time of election or appointment, a resident of the Second
Ward; one councilmember must be, at the time of election or appointment, a resident of the
Third Ward; one councilmember must be, at the time of filing for election or appointment, a
resident of the Fourth Ward. Two councilmembers must be section resident
councilmembers and qualify as follows: one councilmember must be, at the time of filing
for election or appointment, a resident of Section One, consisting of Wards One and Two;
and one councilmember must be, at the time of filing for election or appointment, a
resident of Section Two, consisting of Wards Three and Four. Thereafter, GopAinae
continued residence in the ward or section in which the councilmember resides resided at
the time of election or appointment is a required qualification to continue to hold office
during the councilmember's term."
DJK-215243v1
CR205-5
"Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent of the
city. Purchases and contracts may be made by the manager when the amount of the
purchase or contract does not exceed $15,000 $25,000 unless a lower limit is provided by
the council by resolution. Other purchases and contracts are made by the council on
recommendation of the manager. Except for contracts which the manager is authorized to
make by this section, contracts, bonds, and instruments to which the city is a party must be
signed by the mayor and the manager on behalf of the city."
2.03. This ordinance is effective 90 days after its publication, except that if within 60 days after
publication a petition requesting a referendum on this ordinance, signed by the number of registered
voters of the City required by the Act is filed with the City Clerk, this ordinance will not be
effective until approved by 51% of the voters voting on the question of its adoption at the special
election called by the Council for that purpose.
2.04. On the effective date of the Amendments, the City Clerk is authorized and directed to file
copies of the Amendments with the Secretary of State of the State of Minnesota, the Hennepin
County Recorder, and the City Clerk's office together with the certificate required by Section 410.11
of the Act.
Passed by the City Council of the City of Crystal, Minnesota this 19 day of May, 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
DJK-215243vl
CR205-5
CITY OF CRYSTAL
NOTICE OF PUBLIC HEARING ON PROPOSED
AMENDMENTS TO CITY CHARTER
NOTICE IS HEREBY GIVEN that the City Council of the City of Crystal, Minnesota will
conduct a public hearing at 7:00 p.m. on May 19, 2009 or as soon thereafter as the matter can
be heard, in the Council Chambers in City Hall, 4141 Douglas Drive North, to consider oral and
written testimony on proposed amendments of the Home Rule Charter of the City.
The proposed ordinance would amend Sections 2.04 and 6.05. The text of the Amendments is as
follows: (New language underlined: deleted language lined through)
"Section 2.04. Resident Council Members. Four of the council members must be ward
resident council members and are qualified as follows: one council member must be, at the
time of filing for election or appointment, a resident of the First Ward; one council member
must be, at the time of election or appointment, a resident of the Second Ward; one council
member must be, at the time of election or appointment, a resident of the Third Ward; one
council member must be, at the time of filing for election or appointment, a resident of the
Fourth Ward. Two council members must be section resident council members and qualify
as follows: one council member must be, at the time of filing for election or appointment, a
resident of Section One, consisting of Wards One and Two; and one council member must
be, at the time of filing for election or appointment, a resident of Section Two, consisting of
Wards Three and Four. Thereafter, Continued continued residence in the ward or section in
which the council member resides resided at the time of election or appointment is a
required qualification to continue to hold office during the council member's term."
"Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent of
the city. Purchases and contracts may be made by the manager when the amount of the
purchase or contract does not exceed $15,000 $25,000 unless a lower limit is provided by
the council by resolution. Other purchases and contracts are made by the council on
recommendation of the manager. Except for contracts which the manager is authorized to
make by this section, contracts, bonds, and instruments to which the city is a party must be
signed by the mayor and the manager on behalf of the city."
It is recommended by the Charter Commission that the sections be adopted by ordinance of the
City Council in the manner prescribed by Minnesota Statutes, Section 410.12, and Subdivision 7.
Under that procedure, designed to facilitate routine charter amendments, the City Council must, if
the Council approves the amendment, adopt the amendment by ordinance after the public hearing
by a unanimous vote of all of its members. The adopting ordinance is effective 90 days after its
passage and publication, but if within 60 days thereof a petition signed by a number of registered
voters equal to two percent of the votes cast in the City at the last state general election, or 2,000
registered voters, whichever is less, is filed with the City Clerk, the ordinance is not effective until
approved by 51% of votes cast on the amendment at the regular municipal election or a special
election called for that purpose.
Anyone wishing to express an opinion about the proposed amendment orally or in writing will be
heard at the public hearing.
Dated: April 23, 2009 BY ORDER OF THE CITY COUNCIL
/s/ Janet Lewis
City Clerk
(�L)rreAi+
Crystal City Charter Page 2
CHAPTER 2
FORM OF GOVERNMENT
Section 2.01. Council Manager Plan. The form of government established by this charter is
the Council Manager Plan. The council exercises the legislative power of the city and
determines matters of policy. The city manager is responsible to the council for the proper
administration of city affairs.
Section 2.02. Boards and Commissions. There are no separate administrative boards or
commissions except boards and commissions established for the administration of a municipal
function jointly with another political subdivision. The council performs the duties and exercises
the powers of administrative boards or commissions. The council may by ordinance establish
boards or commissions to advise the council with respect to any municipal function or activity, to
investigate any subject of interest to the city, or to perform quasi-judicial functions. (Amended,
Ordinance No. 90-22, February 1, 199 1)
Section 2.03. Councilmembers: Qualifications and Terms. Subdivision 1. The council is
composed of a mayor and six council members who must be eligible voters of the city and must
further qualify for office as provided in this charter.
Subd. 2. The mayor and councilmembers may hold another compatible public office.
Subd. 3. The mayor and councilmembers must be residents of the city. The resident
councilmembers must satisfy the residence requirements of section 2.04.
Subd. 4. The mayor is elected at large. A ward resident councilmember is elected by the
eligible voters of the ward in which the councilmember resides. A section resident
councilmember is elected by the eligible voters of the section in which the councilmember
resides.
Subd. 5. The mayor and councilmembers are elected on the date, in the years and for the
terms specified by ordinance adopted by the council in accordance with law. They serve until
their successors are elected and qualify for office. (Amended, Ordinance No. 98-4, November
24, 1998)
Subd. 6. (Repealed, Ordinance No. 98-4, November 24, 1998)
Section 2.04. Resident Councilmembers. Four of the councilmembers must be ward resident
councilmembers and are qualified as follows: one councilmember must be, at the time of election
or appointment, a resident of the First Ward; one councilmember must be, at the time of election
or appointment, a resident of the Second Ward; one councilmember must be, at the time of
election or appointment, a resident of the Third Ward; one councilmember must be, at the time of
election or appointment, a resident of the Fourth Ward. Two councilmembers must be section
resident councilmembers and qualify as follows: one councilmember must be, at the time of
election or appointment, a resident of Section One, consisting of Wards One and Two; and one
councilmember must be, at the time of election or appointment, a resident of Section Two,
DJK-15448lv2
CR225-5
Crystal City Charter Page 14
Subd. 8. The manager performs the other duties prescribed by law, this charter or by the
council.
Section 6.03. Departments. The council may create departments, divisions and other units of
the city administration consistent with this charter and law.
Section 6.04. Officers. The officers of the city are the city clerk and the other officers
subordinate to the city manager created by the council by ordinance or resolution. The clerk is
responsible for the keeping of city records, and, under the direction of the manager, the general
administration of the city's affairs. The council may by ordinance abolish offices that have been
created by ordinance and combine the duties of various offices.
Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent of the city.
Purchases and contracts may be made by the manager when the amount of the purchase or
contract does not exceed $15,000 unless a lower limit is provided by the council by resolution.
Other purchases and contracts are made by the council on recominendation of the manager.
Except for contracts which the manager is authorized to make by this section, contracts, bonds,
and instruments to which the city is a party must be signed by the mayor and the manager on
behalf of the city. (Amended, Ordinance No. 93-4, May 12, 1993; Ordinance No. 98-4,
November 24, 1998)
Section 6.06. Contracts: Bids. City contracts must be made in compliance with law. When
competitive bids are submitted the contract must be awarded to the lowest responsible bidder.
The council may by ordinance adopt additional regulations for making city contracts.
Section 6,07. Employee Review Board. The city council must by ordinance establish a review
board to hear and rule on non -organized employee grievances as defined by the ordinance after
normal grievance procedures have been completed. The membership, tenns, qualifications,
powers, duties and procedures of the review board must be fixed by the ordinance. Members of
the board are recommended by the manager and appointed by the city council. (Amended,
Ordinance No. 91-3, March 28, 1991)
DJK-154481v2
CR225-5
%rystal City Council
Meeting Packet
May 19, 2009
Ill. ACKNOWLEDGEMENTS
The Council will acknowledge the following donations:
a. $100 fr om Scott Linge and Janice Jorgens for Memory Lane Pond
plantings; and
b. $1,000 from the VFW Post 494 for the Crystal Airport Open House.
IV. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meeting:
,a. Regular City Council Meeting from May 5, 2009.
V. 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 special permit for wine and beer at Bassett Creek Park
on May 29, 2009 submitted by Larwin Kauffman;
4. Approval of a special permit for wine and beer at Bassett Creek Park
on June 7, 2009 submitted by Jennifer Poncelet;
5. Approval of an off-site gambling permit for pull tabs at Becker Park
during the Crystal Frolics, July 23-26, 2009, submitted by the Crystal
Lions.
6. Acceptance of Angela Scheibe's resignation from the Planning
Commission;
7. Acceptance of Hilary Hauser's resignation from the Human Rights
Commission; and
8. Adopt the 2010 budget calendar.
SCOTT G. LINGE 50.1291/219 1339
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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, May 5, 2009 at 7:00 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: Selton, Bowman, J. Moore, Hoffmann, L. Moore, Grimes, and Anderson
STAFF: City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick,
Community Development Director P. Peters, and City Clerk J. Lewis.
Mayor Bowman led the Council and audience in the Pledge of Allegiance.
11. BOARD OF APPEAL AND EQUALIZATION MEETING
Mayor Bowman declared the Regular City Council Meeting would recess to convene
as the Board of Appeal and Equalization.
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the
City Charter, the Crystal City Council convened as a Board of Appeal & Equalization
at 7:02 p.m. on May 5, 2009, at 4141 Douglas Drive, Crystal, Minnesota.
Hennepin County Assessors presented to the Council and answered questions.
(Assessors present: T. Doolittle, J. Pike, and M. Larose)
Mayor Bowman opened the public hearing.
The following residents appealed the estimated market value or classification on their
property with written testimony:
® Lorraine Bedman, 7025 — 46th Ave N (residential/homestead; PID 08-118-21-43-
0072)
® Anna Donato-Ghani, 4700 Hampshire Ave N (residential/homestead; PID 08-
118-21-41-0020)
The following residents appealed the estimated market value or classification on
their property, in person:
® Bob Bellos, 6616 - 58th
Ave N (residential/homestead; PID 05-118-21-14-0047)
® Curtis and Monica Carter, 5229 Welcome Ave N (residential/homestead; PID 09-
118-21-21-0037)
® Melissa Shepard, 4808 Quail Ave N (residential/homestead; PID 09-118-21-41-
0052) nd
® William Leon, 6209 -42 Ave N (commercial/non-homestead; PID 16-118-21-23-
0065) and 4635 Brunswick Ave N (residential/non-homestead; PID 09-118-21-
33-0059)
There be no one else wishing to address the Board of Appeal and Equalization,
Mayor Bowman declared the public hearing closed to new appeals.
OX ... 1800
Crystal City Council Meeting minutes May 5, 2008 1801
Moved by Council Member Hoffmann and seconded by Council Member Grimes to
direct the county assessors to review the appealed properties and prepare a report
to the City Council for final action of taxes and values on May 19, 2009.
Voting aye: Selton, Bowman, J. Moore, Hoffmann, L. Moore, Grimes, and
Anderson.
Motion carried.
Mayor Bowman adjourned the Board of Appeal & Equalization Meeting and
reconvened the Regular City Council Meeting at 7:30 p.m.
Ill. PROCLAMATIONS
a. The Mayor proclaimed May 5, 2009 as Eva Mae Slupske Day in the City of
Crystal.
Mrs. Slupske addressed the Council.
b. The Mayor proclaimed May 15 as Peace Officer Memorial Day and the week of
May 10 — 15, 2009 as National Police Week in the City of Crystal.
IV. COUNCIL MEETING MINUTES
The Council considered the minutes from the following meetings:
• The Regular City Council Meeting from April 21, 2009; and
® Two Council Work Sessions from April 21, 2009.
Moved by Council Member L. Moore and seconded by Council Member Hoffmann to
approve the minutes of the following Council Meetings, in a single motion:
® The Regular City Council Meeting from April 21, 2009; and
® Two Council Work Sessions from April 21, 2009.
Motion carried.
G-Xn ... Mi,-2001mi�5�94., 1801
Crystal City Council Meeting minutes May 5, 2008 1802
V. 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. Adoption of Resolution 2009-35 amending the 2009 Fee Schedule (exclusive
of the Utility Billing Section);
4. Adoption of Resolution 2009-36 authorizing the cancellation of interest
charges on an assessment for property located at 5116 Fairview Ave N - PID
09-118-21-13-0078;
5. Approval of the Annual Traffic Signal Painting Contract, Project #2009-07;
6. Approval of City Hall Roof Replacement Consulting Services Contract,
Project #2009-14;
7. Acceptance of Tom Davis' resignation from the Planning Commission; and
8. Approval of naming Community Development Director Patrick Peters as a city
representative to Robbinsdale School District's Divestiture Plan Advisory
Committee.
Moved by Council Member J. Moore and seconded by Council Member
Hoffmann to approve the consent agenda.
V1. OPEN FORUM
No public comment was given during open forum.
Motion carried.
1802
Crystal City Council Meeting minutes May 5, 2008 1803
VII. REGULAR AGENDA
1. The City Council received a presentation from City Forester James Burks
regarding a $50,000 MN Community Forest Bonding Grant.
No Council action necessary.
2. The City Council considered a resolution authorizing the purchase of hardware
for Bassett Creek Park hockey boards, Project #2009-16.
Moved by Council Member Selton and seconded by Council Member Anderson
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2009 - 37
AUTHORIZING THE PURCHASE OF HARDWARE FOR BASSETT CREEK
PARK HOCKEY BOARDS, PROJECT #2009-16
Voting aye: Selton, Bowman, J. Moore, Hoffmann, L. Moore, Grimes, and
Anderson.
Motion carried, resolution declared adopted.
3. The Council considered the Second Reading of an ordinance and its
corresponding summary ordinance amending Section 400 of the Crystal City
Code (vacant building registration).
Community Development Director P. Peters addressed the Council and
answered questions.
Moved by Council Member L. Moore and seconded by Mayor Bowman to adopt
the following ordinance and its corresponding summary ordinance for
publication:
ORDINANCE NO. 2009 - 02
RELATING TO REGISTRATION AND REGULATION OF VACANT BUILDINGS
AMENDING CITY CODE SECTION 400 (including subd. 6)
And further, that this is the second and final reading.
Voting aye: Selton, Bowman, J. Moore, Hoffmann, L. Moore, Grimes, and
Anderson.
Motion carried.
QX ..dt,Alinuwxno9minsos a9.doe 1803
Crystal City Council Meeting minutes May 5, 2008 1804
VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS
a. The Council will conduct a work session at 7:00 p.m. on Thursday, May 14 in
Conference Room A at City Hall.
b. Citizen Input Time will be held from 6:00 - 6:30 p.m. on May 19 in Conference
Room A at City Hall.
c. The next City Council Meeting will be at 7:00 p.m. on May 19 in the Council
Chambers at City Hall.
IX ADJOURNMENT
Moved by Council Member L. Moore and seconded by Council Member J. Moore to
adjourn the meeting.
Motion carried.
The meeting adjourned at 7:56 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
OX-61U.-200fti.�5.9.d.. 1804
APPLICATIONS FOR LICEAS-0
MAY 19,2009
GAS INSTALLER
Michal's HHH Inc. PO Box 814, Anoka, MN 55303
PLUMBER
Larson Plumbing 3095 162"d Lane NW Andover, MN 55304
Metro Testing 31222 Cedar Creek Road, Hinckley, NIN 55037
Vesey Plumbing 7139 Newton Ave. S. Richfield, MN 55423
RENTAL — NEW
3126 Idaho Ave N — Julie Jackson (Conditional)
RENTAL — RENEWALS
4916 Bernard Ave N - Charles J McColgan c/o Spiderweb Invest LLC
5319 Corvallis Ave N — Donald and Kimberly Horton (Conditional)
3510 Douglas Dr N — LeRoy and Jennifer West (Conditional)
5116 Edgewood Ave N — Tyrone Daniels (Conditional)
4825-4827 Idaho Ave N — Philip and Constance Andrzejek
5942 Idaho Ave N — Tamaris and Fred Williams (Conditional)
4602 Louisiana Ave N — Robert Mulvihill
3517 Quail Ave N — L and B Pritchard c/o Farley Group (Conditional)
4924 Quail Ave N — Tracy Bergman
6416 57 1h Ave N — Michelle Sengstock (Conditional)
TREE TRIMMER
Forever Green Tree Care 407 8h Street SW Little Falls, MN 56345
Xtreme Climbing Tree Service 1105 Evergreen Lane N. Plymouth, MN 55441
1 of 1 5/14/2009
DATE: May 13, 2009
rary of" TO: Anne Norris, City Manager
CRYSTAL City ufCrystal City Council
'-F C� FROM: Charlie Honoen.Finance o|�umr
ne Expenditures over $1o.uoo
IRS
PERA
GMHC
SEH INC
Hennepin County Treasurer
West Metro Fire -Rescue Dist.
Alliance Bank
Wells Fargo Bank
First American Trust FSB
0 \MryNM.1Cb.1.=15,0(x.A�
Description Amount
Social Security/Medicare ' Federal Tax vwnpmuam1mu
44,815.28
psnxpmoem1moEmployee/City Contributions
38.090.1e
Home Improvement Incentive Rebate Program
2e.610.18
Phase 10 - Reconstruction bid uouprep
33.067.30
citymwnoupmpomeo-nennapinoountypmporty taxes due s/1smo
22.*70.64
May fire budget allocation
91.78*.94
osun»mmmmm-mtypurcxoomupmpenv
47.253.46
000uamha,aw-citypurchoauupmpony
42.846.45
1sooDouglas - city purchased property
e4.591.75
Apr -23-2009 10,42 AM Crystal Recreation Department 763-531-0949
This appllcaflon must be approved by the City Counolk Please allow two weeks to process your
request. The City Councif 'meets on the first and third Tuesday of each month.
City of Crystal
Application for Special Permit
For:
Use, Consumption, and Display of WIne a6d 136er In a
Crystal Park or Related F*iqlllty'in the Park
-Applicant, f1111-1
Home Phone:
• Address- fo3 I
Cell Phone:
Liability Requirements
Are y6u a Business Partnefship, Club, Corporation or Non-Pr6fit Association?.
Yes. You are required to attach a certificate ofinsurance showing current liability'
insurance naming the City of Crystal as an additional 'insured and date of event,
-X— No. You are required to attach a certificate of homeowner's insurance that corresponds
to the person slgpl'ng* this application. The certificate must contain a special event
endorsement with the date of this event and must n4me the City of Crystal as additional
insured.
§62glity,Recitilremen (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 tl�ne that -you begin serving
aloohol to the end of youf event. 'You may contact the Crystal Police Department i at (763) $3,R-
1 033
3,1-1033 W arrange for this security requirement. Number of police officers. needed:
Purpose of social eVenf or nature of activity proposed: —1/J4zAXPO%
Name and Address of park or city building where event will be held -
9
Date of Activity: Maximum Number of Persons Expected to Attend:
• Hours of Use (not to exceed 12 hours): From: 1--D a.me.m to a.m.
I Ull/
2/4
Apr -23-2009 10-42 AM Crystal Recreatlon Department 763-531-0949
Application for Special Permit For: -
Use, Consumption, and Display of Wing
and Beer in a Crystal Park or Related Facility
Page 2 of 3
MILIT : The applicant waives any and al) claims of any nature against the Ofty 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 Insurafte showing current liability, insurance naming the City as an additional
insured party under the insurance policy.
Please Read .Intl §hM
(Crystal City Code, Subsection 815.13)
Su bd, 6. Application. . '. I '
The application for a spoclal permit Is prepared by the city clerk. The application must specify
the purpose of the social event, the nature of the activity proposed, the h6urs 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 fr6m liability
of any kind arising out of the permitted activity. if the applicant Is a business partnership, dub,
corporatiorf or nori-profit association the application must be accompanied by a"certificate of
Insurance, bhowing current liability Insuranoo'naming the city as an additional Insured party
,under the insurance policy.
Subd. S. Special Condition.
The use, consumption and display and prehence 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 peabe 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 perrhit.
I acknowledge that the Liability Clause, Application, and Special Con.dition!A 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 regird to the issuance of this special permit. I acknowledge thgt I am
responsible to hire poll6e offloer(s) for my event at the CCC at my own. expense.
Applicant's 12
sighature Date Ila - %
................... . . __7
3/4
Rpr 2Apr.24. 20091 8:56AM Chad S Babcock A
nV1,LJ. LVV1 J.J7[In Lno LUIUnn1a IVbVUf0: g►UUV 1P11Lhd
Apr.•4a-avvr Iv.�F� 111 I �fySYd� n��� a®�Iul� »er�el u���n4 ► ur��1.0949
AIp]lOW*n fOr SpPcci®1 poerrett F®r.
use, Goneumptton ®nd PWPIW of VMS & gespin a
Orvatal 9i or RAW M
No. 4445 P. 2
ryu. 7u f 4 u L 4/4
•
Si® Vee of authA,�M mpt�®®�t �tv ��
v
phone number of euthorited reorewteflve
Received Time Apr -23. 4:OOPM
05/,May, 13. 2009 - 2:52PMN2'7;Chad S BabcockSTA`t'GAFAMI-YhRSONAL_LiNE No. 4620 P, 21/001
--
PONCy NO. 23 -LE -7652-1 10� 744$-F735 M525
.,.tl IGyp
ADDITIONAL INSURED - SPECIAL EVeNT ENDORSEMEW
R" Nudes. 23 -LO -7652-7 JSECTXM III'
NMW IMufad: PAUFMM, LARWIN & FM"N, 226411M
l tondfEwontc 6001 320? KM N
cR.Y;S m w 31"22 ..m
Cwmp f.1.IM4ofL15bilfty. x,990,,000,
+►� est et 1$:01 �.�. �an$atd Tune at put ., de2ed �cef�tt.
.. :Eflec'tiYo08ite: A5129�09 E f?ate:. OS/3o/a'�
(1) any mute, w0mmor "Istion rebating to the sale, ON, dM&u#m or use of tdgahoft s; or
(2) IN MrOft
m m � of any a on . the making age or und�r.tha /menus of or Oth rwm or
b. es an ovwrat Or less+' of used for mM
wooluld by reason of arty , ord� or r®gutaikln�relafktg to the off, use eigolto t at. N such hr i$
3. Insured. kw g rpt km . a bodM or at tmy *0 VA Mopect o d , a s e9ibuted by th®A¢dlUanef
4. The Co MW L fEndt of shown above appbn only:
a, for dsrrttrgea as may he oaered under this nt; and
b, durtng the coveraw period destgnatod abwe.
5. V% VA not tra kme for an www greater then rw L I[fnit of ; and '
6. Thant wN be no refund of prmW In the event t* endomemont Is cancelled.
AA other Popo► provMwo apply.
FE 5203
(97801
Received Time May,13. 2:50PM
Pdn%d in U.g,A.
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.
City of Crystal
--Appli-cati-on-for-Special-Pen-n-it
For:
Use, Consumption, and Display of Wine and Beer in a
Crystal Park or Related Facility in the Park
Applicant:
Home Phone: 110 0 — � j --f, —
Address:
Cell Phone:
Liability Requirements
Are you a Business Partnership, Club, Corporation or Non -Profit Association?
Yes. You are required to attach a certificate of insurance showing current liability
insurance naming the City of Crystal as an additional insured 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 .mer every 100 guests. Officers must be present from the time that you begin serving
alcohol to the end of your event. You may contact the Crystal Police Department at (763) 531-
1033 to arrange for this security requirement. Number of police officers needed:
Purpose of social event or nature of activity proposed: C,
Name and Address of park or city building where event will be held:
I -
Date of Activity: (01VN, Maximum Number of Persons Expe
1 9
Hours of Use (not to exceed 12 hours): From: a.m. p.m. to
00�
;ted to Attend:
a.m m.
Application for Special Permit For:
Use, Cnnou Consumption, and Display ofVVi
ne
`
and Beer inaCrystal Park orRelated Facility
Page 2 of 3
The applicant waives any and all claims ofany nature against the City and its
officers, employees, and agents arising out Ofthe permitted activity. If applicant is8business
partnership, club, corporation, O[non-profit association, this application must beaccompanied
by a certificate of insurance showing current liability insurance naming the City as an additional
insured party under the insurance policy.
Please Read and Sig
City Code, Subsection O15.13\
SUbd. O.
The application for 8special perOitis prepared hvthe city clerk. The application must specify
the purpose Dfthe social event, the nature Ofthe activity proposed, the hours during which it is
to be conducted, the maximum number of persons expected to attend, and such other
information 8Sthe clerk reasonably requests. The application must be accompanied bv8O
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 nfthe permitted activity. |fthe applicant ioubusjnBGSpartnership, club,
corporation 0Fnon profit association the application must beaccompanied bV@'certifiC8teVf
insurance showing current liability insurance naming the city as an additional insured party
under the insurance policy.
Gubd. O. Special Condition. .
The use, consumption 8OddiGp|8ymOdp[eseDceOfliqVD[8Odbee[inp2rkGaDdnsl8tedp8d\
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 ofospecial permit.
| acknowledge that the Liability C|8Use, AoniC@tOD, 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
ofthe City Council with regard tothe issuance ofthis special permit. | acknowledge that |80
responsible to hire police officer(s) for my event at the CCC at my own expense.
signature_ Date
Application for Sp6cial Permit For:
Use, Consurnption',and Display of -Wine'& Beer in a
Crystal Park or'Related, Facility
Page 3 of 3.
Additional Insured – Special Event Endorsement for homeowners only
(Completed by Insurance Company Representative,)
Insurance Company:
Policy Number: c-)1,
Name Insured:
Name of Additional
Coverage Limit
Liability: 3(Do- I
Coverage period begins and ends at 12:01 AM Standard Time at the above designated
location.
Effective Date: 1( 0 r1,-) � —Expiration Date: Z)u9
Other information pertinent to this special endorsement:
Signature of authorized representative
Ls5,�%
Phone number of authorized representative
venf�L
Date
Minnesota Lawful Gambling 6/07
LG230 Application to Conduct Off -Site Gambling No Fee
Organization name C o-yvS License number 04 6 '
License expiration date I/ 3 l / 01
Gambling Premises
1. Name of establishment or function where gambling activity will be conducted ��� �� d Pot I. CP 51"( Pro11«
2. Street address and city 6aa5 St h Put (v a-jN Sas V
• Do not use a post office box.
• If no street address, write in road designations. Example: 3 miles east of Hwy 63 on County Road 42.
3. Does your organization own the gambling premises?
Yes If yes, a lease is not required.
X No If no, a lease agreement must be attached. Use LG224 Lease for Off -Site Gambling Activity.
A lease is not required for raffles.
Gambling Activity
1. Check (4) the gambling activity your organization will be conducting.
)( pull -tabs _bingo tipboards _raffle _paddlewheel
2. Date of single day event . 4 separate days allowed per calendar year.
3. Dates of up to 12 consecutive days in connection with a county fair, state fair, church festival, or civic
celebration. Begin date ?-33-o7 End date 1 event allowed per calendar year.
Acknowledgment
• The person signing this application must be the CEO of your organization and have their name on file with the
Gambling Control Board.
If the CEO has changed during the term of your license and the current CEO has not filed a
LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time.
have read this application, and all information is true, accurate, and complete.
Chief executive officer signature��C JG /L– Date �/ %2 //09Print name 61 /
a d 0� Daytime phone 161-11'r�17U'1'iG3✓—
Application and Required Attachments
1. LG230 Application to Conduct Off -Site Gambling. Mail to: Gambling Control Board
There is no application fee. Suite 300 South
2. Resolution of approval from the local unit of 1711 West County Road B
government (city or county) Roseville, MN 55113
3. Copy of the lease agreement. Or, fax to 651-639-4032
No lease is required if only a raffle will be
conducted or your organization owns the premises. Questions? Contact a licensing specialist at
651-639-4000.
This publication 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
yourqualifications to be involved in lawful gambling
activities in Minnesota, and to assist the Board
in conducting a background investigation of you.
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, the
Board will be able to process your application.
Your name and address will be public
information when received by the Board. All
other information you provide will be private
data about you until the Board issues your
permit. When the Board issues your permit,
all information you provided will become
public except for your Social Security number,
which remains private. If the Board does not
issue you a permit, all information you
provided remains private, with the exception
of your name and address which will remain
public. Private data about you are available
to following: Board members and 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 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.
Minnesota Lawful Gambling
L.224 Lease forOff-Site Gambling Activity
6107
Name of legal owner of property Streetaddress
city State Zip Daytime phone
CIiof cud, [ `14► Nu 141 ter
er 5�t„I "n 554aQ.. %3-331-- l000'
Name of lessor (if same as legal Street add ess
City State Zip Daytime phone
—owner write-in-�!SAME--")
S 6 "9
Name of leased premises Street address, or road designations City Zip Daytime phone
�eC�rs V I,r r 6 DD th N
Cs SYP �y- /ouo
Name of lessee (organization)
Organization license number Daytime phone
ce Y 541 /_18YJS
b1��9 61��10-�daa
Gambling Activity
1. Beginning date of off-site activity � " �3 "a 9
Ending date of off-site activity �' aL "n i
2. Check (') the type of gambling activity that will be conducted for this off-site activity.
-�( pull -tabs _ bingo _ tipboards
_ paddlewheels (No lease is required for raffles)
Lease Obligations
1. Rent to be paid for the leased area $
If none, write „0."
2. All obligations and agreements between the organization and the lessor are listed below or attached to this lease.
Any attachments to this lease must be dated and signed by both the lessor and lessee. This lease (and any
attachments) is the total and only agreement between
the lessor and the organization conducting lawful
gambling activities
Other terms
f % s r> o 51
Signature of lessor Date
Signature of organization official (lessee) Date
% k
"'),r
,EA A6�dcr U60111,PT -
Print name of lessor
Print name and title of person signing on behalf of
organization
This publication will be made available in alternative format (i.e. large print, Braille) upon request.
The information requested on this form will become public information when received by the Board, and will be used
to determine your compliance with Minnesota statutes and rules governing lawful gambling activities.
Janet Lewis
" f i �01 I -
From: Angela Scheibe [angietheagent@yahoo.com]
Sent: Friday, May 01, 2009 4:30 PM
To: Janet Lewis
Subject: Re: Planning Commission Meeting
To whom it may concern;
I am hereby resigning from my duties as a Planning Committee Member.
The experience has been very rewarding, however life has taken a different turn and needs some extra
required committed time. Although I have been putting this off as long as possible, I realize this hurts the
integrity of the Planning Committee when I am unable to attend. Therefore, regretfully I must submit my
resignation.
Thanks you for all your time and the wonderful experience I had serving as a member.
Thanks you.
Angela Scheibe
651 777-3878 ph
t
From: Hilary Hauser [hilaryhauser@hotmail.com]
Sent: Sunday, April 26, 2009 7:23 PM
To: Alicia Donahue
Cc: Kim Therres
Subject: Human Rights Commission
Hi Alicia,
�QSifhaVo tN-/
Over the last few vear -Lb-a-y-e-e-ni-Qy-e-d—w-or-kiag-as-a-Hum-an-Rights.-C=mL-,sLo-ae-r. This has hPPn q diffiridt
decision, but I have decided to tender my resignation, effective immediately, for the Crystal Human Rights
Commission. At this time, I am unable to commit sufficient time to attend meetings and contribute to the overall
mission of the Commission. It has been a pleasure serving along a great group of compassionate activists and I
wish the Commission continued success!
Regards,
Hilary Hauser
Windows LiveTM HotmailO: ... more than just e-mail. Check it
out. <http://windowslive.com/online/hotmail?ocid=TXT-TAGLM-WL-HM-more-04 2009>
1
IMMUMM7
DATE: May 15, 2009
TO: Mayor and City Council
Anne Norris, City Manager
FROM: Charles Hansen, Finance Director
SUBJECT: Consider Adoption of the 2010 Budget Calendar
The draft calendar for preparation of the 2010 budget is attached for the City Council's
review and approval. The 2010 calendar has been split into three parts. The first deals
with the property tax levy, the fee schedule, and the operating budgets for most funds.
The second deals with the capital projects funds and the five—year capital improvement
plan. The third deals with the operating budgets, fee schedules, and five—year capital
improvement plan of the utility funds.
The capital projects funds calendar was just amended to include implementing a formal
capital improvement plan and holding a public hearing on the plan.
Many of the dates are set to guide work flow by the staff. Possible work session dates
for the City Council are listed to provide adequate opportunity for the City Council to
become familiar with the proposed budget and to insure that the budget reflects the City
Council's priorities for services in 2010.
Some dates are determined by the Truth in Taxation law and leave little latitude for the
City. These include the September 1St meeting that is required in order for a preliminary
tax levy to be certified to Hennepin County by September 15th. Dates for the Truth in
Taxation Hearings in December are also required by state law, but we won't be able to
finalize these until the September 1 st meeting.
It isn't unusual for unforeseen events to cause minor revisions in the budget calendar
as the year progresses, but establishing the calendar helps to insure that important
deadlines will be achieved.
It is recommended that the City Council discuss the attached calendar and adopt it with
any amendments desired by the City Council.
May 26, 2009 Tuesday Distribute 2010 budget worksheets for the General, EDA, and TIF Funds.
Worksheets include the fee schedule, revenues and expenditures.
Department goals sheets also distributed.
June 23, 2009 Tuesday Return 2010 revenue and operating budget requests for the General, EDA
and TIF Funds and department goals sheets due to the Finance Director.
Include all proposed expenditures.
June 26, 2009 Friday Consolidated 2010 budget requests and revenue estimates forwarded from
the Finance Director to the City Manager.
July 7, 2009 Tuesday Summary of department budget requests presented to the Senior Staff.
July 6 — July 24, 2009 City Manager, Asst. City Manager and Finance Director review operating
budgets and department goals with respective departments.
July 20, 2009, Monday Departments return proposed fee schedules to Finance Director.
July 28, 2009 Thursday Summary of proposed budget presented to the Senior Staff.
July 31, 2009 Friday Proposed budget and fee schedule fmalized for Council packet.
August 6, 2009 Thursday City Council budget work session to review the General Fund and EDA
budgets and the fee schedule.
August 13, 2009 Thursday City Council budget work session to review General Fund, EDA, PIR and
PERF.
August 20, 2009 Thursday Continue budget discussion as needed.
Sept. 1, 2009 Tuesday Last regular council meeting for adoption of the Preliminary 2010 Operating
Budgets and the preliminary tax levy by the City Council. City must select
initial truth in taxation hearing date, a date for a reconvened hearing and
adopt the tax rate certification resolution.
Sept. 10, 2009 Thursday City Council budget work session to review fee schedule.
Sept. 29, 2009 Tuesday Update on budget developments presented to the Senior Staff.
October 6, 2009 Tuesday City Council adopts 2010 fee schedule, exclusive of the utilities section.
Dates TBD in Oct/Nov 2009 City Council budget work sessions continue for any changes to the proposed
tax levy and budgets for the General and EDA Funds. Review remaining
budgets for tax increment and debt service funds.
December 6, 2009 Monday Truth in Taxation Hearing at the regularly scheduled Council meeting.
(Dates for December 6 and 14 are tentative and may change.)
December 14, 2009 Monday Continuation Hearing Date for the Truth in Taxation Hearing, if necessary.
December 15, 2009 Tuesday Review and adopt proposed levies and budgets for all funds.
May 12, 2009 Tuesday
June 5, 2009 Friday
June 9, 2009 Tuesday
June 10 - 12, 2009
June 25, 2009 Thursday
June 30, 2009 Tuesday
July 2, 2009 Thursday
July 7, 2009 Tuesday
August 18, 2009 Tuesday
August 20, 2009 Thursday
Dates TBD in Oct/Nov 2008
Distribute 2010 budget worksheets for Permanent Improvement
Revolving (PIR) and Police Equipment Revolving Funds (PERF)
handed out. Worksheets include CIP matrix
Departments return Proposed PIR and PERF budgets to Finance
Director.
Summary of department budget requests presented to the Senior Staff.
City Manager, Asst. City Manager and Finance Director review
capital budgets with respective departments.
Notice of public hearing is published in Sun Post newspaper.
Summary of proposed PIR and PERF capital projects presented to the
Senior Staff.
Capital Improvement Plan projects finalized for Council agenda
packets.
City Council holds public hearing and adopts the Capital
Improvement Plan
City Council issues street reconstruction bonds to Hennepin County.
City Council budget work session to review General Fund, EDA, PIR
and PERF.
City Council work sessions for PIR and PERF budgets.
December 15, 2009 Tuesday Review and adopt proposed levies and budgets for all funds.
CITY OF CRYSTAL
PROPOSED 2010 BUDGET CALENDAR
UTILITY FUND'S BUDGETS AND RATES
The 2010 Rates Must be Adopted Early to Allow for Testing of Conservation Rates
May 12, 2009 Tuesday Distribute 2010 worksheets for utility funds operating budgets and
capital projects.
June 12, 2009 Friday Return 2010 budget worksheets for utility funds and utility capital
projects to Finance Director
June 22 — 26, 2009 Review budgets for utility funds. Prepare utility funds' rate study and
long-term capital improvement plan.
July 7, 2009 City Council budget work session for utility Rinds' rates and proposed
budgets.
July 21, 2009 Tuesday Adopt 2010 utility fee schedule at the regularly scheduled Council
meeting.
December 15, 2009 Tuesday Review and adopt proposed levies and budgets for all funds.
Crystal City Council
Meeting Packet
May-
, 19,2DA- 9—
VIII. REGULAR AGENDA
1. The Council will consider appointing Cecilia Stanton to the
Human Rights Commission for a partial 3 -year term
expiring December 31, 2009.
2. The Council will consider a resolution amending the 2009
Budget for the General Fund, the Permanent
Improvement Revolving Fund, and the Police Equipment
Revolving Fund.
3. The Council will consider a resolution awarding the Phase
10 Welcome Street Reconstruction Staking and Inspection
Contract to SEH.
4. The Council will consider Application 2009-04 for a
variance to reduce the front (east) setback at 4933 Vera
Cruz Avenue North.
5. The Council will consider the Comprehensive Plan Update
for submittal to Metropolitan Council.
6. The Council will consider County Road 81 ROW
Agreement.
.... .. ........ 1�
COUNCIL STAFF REPORT
�Cllryrjod—f'
I-, RYSTAL Regular Agenda: Apl2ointment to the Human Rights
Commission
FROM: Janet Lewis, City Clerk
DATE: May 14, 2009
TO: Mayor and Council Members
City Manager
At this time, there are two vacancies on the Human Rights Commission.
There are no other applications on file for the Human Rights Commission. .
The City has informed the public about the vacancies through multiple postings
in the City Newsletter, City website, and Sun Post.
An applicant was interviewed by Mayor Bowman, Council Liaison Dave
Anderson, and Commission Chair Alicia Donahue on April 27. They
recommend the appointment of Cecilia Stanton.
Council Action Requested
Appoint Cecilia Stanton to the Human Rights Commission (she is unable
to attend due to a teaching commitment).
GAOFFICE MANAGEMcommissions\Council Staff Report Form HRC.doc
CITY OF CRYSTAL 11/;&7/09 4DA'D p,itq.
APPLICATION FOR BOARDS & COMMISSIONS
Bassett Creek Watershed
Charter Commission
Employee Review Board
Environmental Quality Commission
Planning Commission
Parks & Recreation Commission
Human Rights Commission
Northwest Hennepin Human Services Council
)-shing-le-Greek-Watershorl
ether
1. Name a C, -)�a CA -0 io *Home Phone , --- ; - - - . - - —
*Email Work Phone --! _�,!'7
*Address �gj 1/k RVP- CrS4= rod 'Hi 5582(-f Zip code
— .r
3. How long have you lived at the City? ue_aKS
4. Occupation�Employer g(W()
ye
5. Education (please indicate highest grade completed or highest degree and major course
of study)
6. What skills do you have that you feel would benefit the City?
7. Why do you want to serve on this commission?
8. What experience do you have that you feel -would be pertinent to this commission?
9. What other civic activities are you involved in?
10. Have you served on any City commissions or boards in the past? (Fee/ free to attach a
resume or letter if necessary —l -n-9.
*Under the law, some information contained in this application is private data. With your permission, this
information will be listed on a commission roster. The'purpose is so commissioners, city officials, and the
public will be able to contact you. There is no consequence for refusing to supply this information. Please
turn this form over and sign the release form.
Please turn over
CADocurnents and SetbngsNhofseftLocal SeltingsUernporary Internet
Files,OLKgNboardscom7issionsapplicaflon.doc 2102
I D65
Cecilia W. Stanton
50`4 Avenue CW-Slanfoll IQ17 a can?
Crystal, MN 55429 -
Career S mmary
Organizational development professional with expertise in diversity training & talent management within start-
up, turnaround, and rapid change environments. Customer -focused strategist with effective consulting,
communication & coaching skills. Expertise developing innovative leadership and diversity programs utilizing
unique learning approaches.
Education:
in Progress Ph.D., Industrial Organizational Psychology, Capella University
Dissertation: Influence without authority
2003 M.A., Sociology/Psychology, Lehigh University
1996 B.A., Psychology Bloomfield College
.ertificatiens
2008 Corporate Executive Board Human Resources Leadership Academy
2007 Managing Generational Differences Certified Trainer
2006 Intercultural Development Inventory Certified Administrator
Experience:
2005-2009 Allianz of North America
Accictant Vice President far Culture & T eaderch,4n Develgprrz W
o Designed competency based leadership and diversity development program including executive and high
potential coaching program
o Aligned talent acquisition and retention objectives with corporate goals resulting in positive operational
outcomes and enhanced use of technology-based solutions
4, Spear -headed organization -wide change management process establishing a new strategic direction for a
shared services structure resulting in 15% operations expense reduction
® Implemented a talent management process of selection and development of top 200 leaders
® Developed talent acquisition tools to increase diversity and quality of candidates
® Promoted productive collaboration across multiple groups of stakeholders involved in diversity efforts
o Led international workgroups on talent management, diversity and leadership development
o Provided coaching to functional executives and managers regarding talent acquisition and diversity issues
o Managed a staff of recruiters, trainers and organizational development professionals
® Nominated Employee of the Year as recognition for outstanding leadership
Managed departmental budget of $2.5m
2004-2005 Capella Corporation, Minneapolis, MN
Dimetar of Eacut& Div _rsi & Engag ie Hent
® Developed a network of local and national recruiting resources for targeted talent acquisition
Designed and implemented strategies to build brand awareness in emerging and multicultural markets
® Executed a recruitment program aimed at increasing global reach of faculty and staff
® Led efforts to proactively develop talent pools including leading workforce planning dialogue sessions and
development of professional development plans
® Coaching division management on workforce planning to meet future staffing needs
® Developed e -learning and real time webex training to accommodate staff range of locations
® Chaired the university Diversity and Equity forum, including coordinating ongoing assessments of diversity
that use a range of data -gathering approaches
® Promoted and coordinated research, curriculum, training programs and grant initiatives on diversity and inter-
cultural competencies
Managed a staff of recruiters and trainers
Cecilia W. Stanton
Crystal, MN 55429
d—WI Praaatoetl0araoi.cnM
2000-2003 Lehigh University, Bethlehem, PA
Assistant Dean ofStudent & Mirlticultuw Afairs
® Developed an institution -wide diversity initiative to meet the demands of the diverse student market
m Defined change management process including an education transformation strategy, change readiness
assessments and management dashboard to track completion o c1nange and identify potential risks
o Provided leadership to increase recruitment and retention of diverse faculty, staff and students
o Managed the development and implementation of leadership curriculum intern and trainee programs
o Evaluated effectiveness of courses using quantitative and qualitative feedback measures
o Provided oversight for daily operations and maintenance of residential facility
® Awarded Presidential Lehigh Medal of Honor for innovative leadership and diversity training programs
Provided leadership for student leadership & multicultural groups
o Managed departmental budget of $300k
1996-1999 CarePlus Health Plan, New York, NY
Marketing A ..c Training Manager
Established multicultural markets initiative and brand campaign increasing sales by 35%
Designed and implemented sales training with focus on leadership and multicultural markets
® Developed training handbooks, visual aids, tutorials, knowledge measurement tests and facilitator manuals
o Established employer of choice branding including collateral materials and transformation of website content
® Conducted cultural change assessments to identify behaviors needed to support emerging markets
® Managed departmental budget of $150k
1994-1996 Bloomfield College, Bloomfield, NJ
st eAyu t Dir tar of Diverri&� Acemnzeut & 1'nstkutiona! PlamM,
o Research historical college data to be included in an institutional research library
Analyzed assessment data including faculty evaluations, culture and student satisfaction surveys
a Developed systemic structures to recruit, retain and promote diverse students, staff and faculty
® Generated curriculum and leading professional development associated with diversity and equity topics
® Fostered a campus climate that respects and values diversity among students, faculty and staff
o Conduct qualitative assessments through focus groups and one on one interviews
Awards
2007 Minneapolis Metropolitan Who's Who
2003 Lehigh University exceptional contribution, Tradition of Excellence Award
2004 Lehigh University, Psychology Doctoral Fellowship for Academic Excellence
2000 American Psychological Association, A. Vincent Toth Memorial Award for Outstanding Research
Eublica&nc
Stanton, C. (2006). Diversity in On-line learning, chapter in Technology in Marginal Communities.
Stanton, C. (2005). Racial Profiling, article in Consciousness Magazine.
Stanton, C. (2005). Diversity in the new millennium, article in Consciousness Magazine.
Stanton, C. (2005). Promoting Diversity, training guide developed for executive diversity training.
Stanton, C. (2004). Building Community, article in Consciousness Magazine.
Stanton, C. (2004). Social Class & Sexual Orientation, Book chapter.
Stanton, C. (2002). Predictors of Success for I" Year Students, Bridge program supported by Vista Grant.
Stanton, C. (2000). Diversity Training: How to teach a 16 -week diversity course, Diversity Challenge.
Excellent References Furnished Upon Request
Ceeffia Stanton
--th Ave Crustal, AIN 55429
Cwstantonl@aol.com
Cecilia Stanton currently serves as CEO & Co -Founder of
Mountaintop Education consulting company. She began her
work in 1996 assisting Bloomfield College president in his
efforts to create a sustainable diversity strategy. She went on
to pursue the study of stereotyping winning the 2000
t: American Psychological Association award for outstanding
research. While at Lehigh she was honored with the Tradition
of Excellence Award for her exceptional contributions to the
development of a college bridge program for urban inner city
youth. Most recently she was named Diversity Champion by Diversity Central, a
national diversity organization.
Ms. Stanton's inspirational writing can be found in Colors Magazine, Amaranth
Literary Journal and Consciousness Magazine. In her most recent contribution, she
writes about the challenges of diversity in online learning in Empowering Marginal -
Communities in Technology.
A first generation New Yorker with familial roots in Honduras, Ms. Stanton
attended the well-known High School for Performing Arts where she majored in
voice. She graduated in the top 10% of her class with a bachelor's degree in
psychology and a GPA of 3.98. She went on to complete a 3 -year research stint at
Lehigh - University's psychology program and earned a master's degree in
sociology.
Ms. Stanton is a sociologist and entrepreneur. She brings over 10 years experience
combining adult education and business savvy to transform lives. She is most noted
for her ability to foster paradigm shifts, change behavior and empower individuals,
teams and communities.
2009 Workshops Ofterr6d-'.
The following is a §ample of, workshops developed & facilitated by Ms. Stanton.
She is also able to deVelop courses based on the needs of your organization.
Reinverit Yourself Diversity Awareness & Exploration
Coping with Change Live Your 'Life with Purpose
21" Centuty Le-arder4* Turn Your Idea into a Money -
6Q4 Leave your Legacy Making Business
PRIVATE DATA RELEASE FORM
City of Crystal
Boards 0 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 a out 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.)
1 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:
Signature: 'f
Return application to: City of Crystal City Clerk
4141 Douglas Dr N,
Crystal, MN 55422-1696
or fax to (763) 531-1188
Date:�� I 0j —
\
Date: `-j 1 t U ) 0 ej
CADocumenls and Settingsljhofseth\Local Settings\Temporary Internet
Files\OLKg\boardscomissionsapplica6on.doc 2/02
DATE: May 15, 2009
TO: Mayor and City Council
Anne Norris, City Manager
FROM: Charles Hansen, Finance Director C H
SUBJECT: Resolution Amending the 2009 Budget for the General Fund, the
Permanent Improvement Revolving Fund, and the Police
Equipment Revolving Fund.
Background:
The City Charter, Section 7, requires the adoption of an annual budget.
Amendment of the budget is allowed by the Charter and is almost always
needed due to unpredictable events. The attached resolution provides needed
amendments to the 2009 budget.
The need for budget amendments arises from the State of Minnesota's budget
crisis. Part of the state's solution is almost certain to be cuts in Local
Government Aid (LGA) to cities. An early proposal from the Governor cuts
$508,343 from the LGA that the state promised to the City of Crystal for 2009.
While negotiations between the Governor and the Legislature aren't complete,
we feel that LGA cuts something like the Governor's proposal are likely to
happen. The City Council and staff have discussed possible budget changes at
a number of meetings this winter and spring. Although agreement on changes
equaling the full amount needed haven't been reached, consensus has formed
on a number of budget changes equaling most of the $508,343 in LGA cuts.
It is important to go ahead with the budget changes that have consensus in order
to provide direction to operating departments and to demonstrate to our citizens
and financial agencies that Crystal is addressing the budget crisis.
Discussion
Our starting point was the "2009 BUDGET CHANGES — as of 2/12/09" sheet that
was the basis of discussions with the City Council. We then went through a line
by line review of the 2009 adopted budget with the department heads and with
the final full -year 2008 costs. This shed new light on operations that wasn't
available last summer or fall.
The review produced budget changes that were sometimes the same as, higher
than, or less than the target amounts identified on the 2/12/09 list. In some
cases, we needed to add to the 2009 budget because of new costs passed on to
us by the state or because 2008 final costs were higher than anticipated.
Some budget items are not addressed in this resolution because they are still
awaiting action. These include:
® The West Metro Fire budget requires action by the Board of Directors and
may not be resolved until June.
® Simplifying the new resident packet will be done and savings will be
achieved. However, past costs haven't been coded consistently and so
we can't identify which budget to reduce.
® Revenues from the vacant property registration will begin in 2009, but
there will be delays in collection and so it is difficult to estimate how much
benefit we will see in 2009.
Another budget amendment will be needed this summer after the State of
Minnesota takes final action on their budget.
GENERAL FUND
Revenue Changes
Local Government Aid is reduced by $444,683. This is less than the anticipated
reduction in LGA, but it equals the net amount of all the other changes being
made at this time.
A reimbursement of $10,000 from the Frolics Committee for police and public
works employee overtime at the Crystal Frolics is added to the budget.
Other Budget Changes
Energy Costs - The 2009 budgets were revised based on the final 2008 costs.
Electricity — Electricity was increased 5.1 % from 2008 actual because NSP has
requested that increase from the Public Utilities Commission. This still
represented a reduction from the adopted 2009 budget for all departments.
Natural Gas — Gas was reduced 5% from 2008 actual. Gas pricing is much
more volatile and any change we make is just a guess. This represents a
reduction from the adopted 2009 budget for four departments but requires an
increase for the pool.
Motor fuels — Motor fuels were reduced 20% from 2008 actual. While gas
prices peaked at almost $4.00 a gallon last year, it is important to remember that
they were at that level for only a few months. For much of the year, they were
more like today's $2.00 a gallon.
Human Resources Dept. — The BCA has started to charge for employment
background checks. We estimate this will add $5,000 per year to the budget.
Police Department — The line item review of the Police budget produced a
number of increases and decreases based on final 2008 cost numbers. The
savings total $11,334 on top of the motor fuels and supervisors discretionary
awards discussed previously.
Building Inspections — Increased use of credit cards by our customers requires
an upward revision of $2,000 in the budget for merchant fees.
Parks Maintenance - The line item review of the Parks budget produced a
number of increases based on final 2008 cost numbers. Increases totaling
$3,900 are needed in building & equipment repairs and landscape supplies.
City Buildings — Better contracts for copy machines allow for a $1,800 reduction
in the budget for office equipment rentals.
PERMANENT IMPROVEMENT REVOLVING FUND (PIR)
The PIR Fund takes reductions in not only in the transfer from the General Fund,
but alos in estimated interest income and some other minor lines on the revenue
side of its budget. This results in the loss of $438,894 in revenue. We have
identified reductions of $402,276 in project expenditures. That leaves about a
$36,000 deficit, but we think several of the remaining projects will come in under
budget.
It was noted during the earlier review of this budget that the Revised 2009 list of
projects included many that were not in the Adopted 2009 list of projects. Most
of these were projects that were budgeted for in 2008, but not completed. They
were rated as being more urgent than the new projects for 2009. Projects that
are really new in the Revised 2009 list of projects include the following:
BU 4335 — CCC Boiler Replacement. The boilers are failing and repairing
the old ones would be a waste of money.
BU 4335 — CCC Replace air conditioner units. The air conditioners are
failing and it repairing the old ones would be a waste of money.
BU 5417 — Pool drain covers. This is a new legal requirement for pools
and must be complied with in order to open the pool this summer.
POLICE EQUIPMENT REVOLVING FUND (PERF)
The transfer from the General Fund to the PERF is not proposed to be reduced.
However the estimate of interest earnings for 2009 has changed from the 4% in
the adopted budget to a current estimate of only 3%. This costs the PERF about
$27,000 of revenues in 2009 and again in 2010.
To compensate for this loss, the miscellaneous capital outlay was cut from all
years, the jail video system was postponed from 2009 to 2010, and the number
of vehicles to be replaced in 2010 was cut from five to four. We anticipate that
interest on investments will rebound to about 4% by 2011 which will allow for a
more normal list of projects for the PERF.
CONCLUSION
I recommend that the City Council consider the attached resolution amending
the 2009 budget for the General Fund, the Permanent Improvement Revolving
Fund, and the Police Equipment Revolving Fund.
I V 4*61 RNA I Lei -01 1 Z, LOW*
AMENDING THE 2009 BUDGET FOR THE GENERAL FUND, THE
PET-A57,611EUT IWPQOVE
EQUIPMENT REVOLVING FUND
WHEREAS, Section 7.05 of the City of Crystal Charter requires adoption
of annual budgets for the City, and
WHEREAS, anticipated cuts in Local Government Aid by the State of
Minnesota make it necessary to amend the budget.
NOW, THEREFORE, BE IT RESOLVED that appropriations in the 2009
General Fund Budget are increased or (decreased) as follows:
City Council — Contingency Reserve
$(1,860)
Administration
(31,860)
Human Resources
(250)
Finance
(660)
Police
(21,234)
Planning & Code Enforcement
(3,265)
Building Inspection
1,660
Housing Inspection
(100)
Engineering
(1,690)
Street Maintenance
A7,400)
Parks Maintenance
(7,940)
Forestry
300
City Buildings
(6,144)
Recreation
(240)
Community Center
(4,300)
Waterslide / Pool
300
Operating Transfers
350 000
TOTAL APPROPRIATIONS
$(434,683)
BE IT FURTHER RESOLVED that revenues in the 2009 General Fund
Budget are increased or (decreased) as follows:
Local Government Aid $ (444,683)
Reimbursements — Frolics Committee 10,000
TOTAL ESTIMATED REVENUES $(434,683)
RESOLUTION NO. 2009 -
Continued
BE IT FURTHER RESOLVED that appropriations in the 2009 Permanent
Improvement Revolving Fund Budget are increased or (decreased) as follows:
Administration / Finance / Elections
(26,000)
City Buildings
42,655
Community Development
(27,000)
Engineering
(8,000)
Street Improvement
(26,000)
Streets
(33,918)
Parks
(284,500)
Swimming Pool / Waterslide
17,525
Community Center
57,038)
TOTAL APPROPRIATIONS
$(402,276)
BE IT FURTHER RESOLVED that revenues in the 2009 Permanent
Improvement Revolving Fund Budget are increased or (decreased) as follows:
Transfer from General Fund
$ (350,000)
Cable Franchise Fee
1,200
Interest Income
65,094)
Sale of Property
20,000)
RRG Recycling Grant
(5,000
TOTAL ESTIMATED REVENUES
$(438,894)
BE IT FURTHER RESOLVED that appropriations in the 2009 Police
Equipment Revolving Fund Budget are increased or (decreased) as follows:
Miscellaneous Capital Items (11,000)
Jail Video System (15,000)
TOTAL APPROPRIATIONS $(26,000)
BE IT FURTHER RESOLVED that revenues in the 2009 Permanent
Improvement Revolving Fund Budget are increased or (decreased) as follows:
Interest Income 1 (27,676)
TOTAL ESTIMATED REVENUES 1 $(27,676)
Adopted by the Crystal City Council this 19th day of May, 2009.
RESOLUTION NO. 2009-.
Continued
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
City of Crystal
2009 Budget Revisions - Round #1
Revised
Department Account Savings Budget Description
City Council 0004.6820 1,860 36,072 Cut NLC membership
Administration 0006.6022 560
0
No supervisor's discretionary awards
0006.6605 8,800
No exceptional performance awards
Newsletter 4 times a year
3,100
-5,000
No annual report
1,800
41,300
No CBA postcards
0006.6655 9,200
Newsletter 4 times a year
4,400
19,400
No annual report
0006.6810 4,000
13,000
No out-of-state travel
31,860
500
500
Human Resources
0008.6020
5,250
1,750
No exceptional performance awards
0008.6205
-5,000
28,000
New state fee for background checks
250
Finance
0016.6022
160
0
No supervisor's discretionary awards
0016.6820
500
500
Cut IVIN coop purchasing membership
660
Police
0018.6022
400
0
No supervisor's discretionary awards
0018.6205
10,000
36,000
Project Peace reduced staffing
0018.6330
2,000
45,000
Reduce animal control per experience
0018.6335
2,600
18,000
Reduce PUPS per experience
0018.6455
-3,000
21,000
Increase vehicle repair per experience
0018.6490
3,314
3,600
Reduce office rentals per experience
0018.6515
-1,000
8,500
Increase gun training per experience
0018.6545
9,500
70,000
Reduce motor fuels
0018.6665
-1,000
3,500
Increase printing per experience
0018.6810
-1,580
25,800
Increase training per experience
21,234
Planning & Code Enf.
0022.6545
-360
1,200
Increase motor fuels
0022.6665
3,000
4,000
Cut property maint/code enf. booklet
0022.6820
625
775
Cut APA memberships for plan. comm.
3,265
Building Inspection
Housing Inspection
Engineering
0024.6022 240
0024.6225 r2,000
0024.6545 100
-1,660
0026.6545 100
0030.6022 240
0030.6545 -50
0030.6810 1,500
1,690
0 No supervisor's discretionary awards
5,000 Increase credit card merchant fees
1,500 Reduce motor fuels
800 Reduce motor fuels
0 No supervisors discretionary awards
650 Increase motor fuels
1,000 No out-of-state travel
G:\Charlie\BudgetX2009 Budget revisited\2009 Budget Revisions Round #1.xis 5/15/2009 8:26 AM
-300
Operating Transfers 0048.7430 350,000 253,020 Reduce transfer to PIR Fund
434,683
G:kCharlieXBudget12009 Budget revisited\2009 Budget Revisions Round #I.xts 5/15/2009 8:26 AM
Revised
Department
Account
Savings
Budget
Description
Streets Maintenance
0032.6405
2,700
27,000
Reduce electricity
0032.6410
700
14,700
Reduce natural gas
0032.6545
4,000
26,000
Reduce motor fuels
7,400
Park,s 1,10affitenanee
0-03 4.6 0
A P_
r,, n21,-
0- time ges
0034.6105
417
26,030
Reduce part-time benefits
0034.6185
123
6,102
Reduce part-time benefits
0034.6405
1,100
21,600
Reduce electricity
0034.6410
1,500
13,500
Reduce natural gas
0034.6445
-2,000
6,000
Increase building repair & maintenance
0034.6450
-700
2,700
Increase equipment repair & maintenance
0034.6530
-1,200
7,200
Increase landscape supplies
0034.6545
3,240
20,000
Reduce motor fuels
7,940
Forestry
0036.6545
-300
1,100
Increase motor fuels
City Buildings
0038.6405
3,300
33,000
Reduce electricity
0038.6410
900
17,100
Reduce natural gas
0038.6490
1,800
7,200
Reduce rentals for copy machines
0038.6545
144
0
Reduce motor fuels
6,144
Recreation
0040.6022
240
0
No supervisor's discretionary awards
Community Center
0042.6405
600
39,600
Reduce electricity
0042.6410
3,700
34,500
Reduce natural gas
4,300
Waterslide/pool
0044.6225
750
0
Cut bank charges/credit cards
0044.6405
300
13,500
Reduce electricity
0044.6410
-6,600
29,100
Increace natural gas
0044.6490
450
0
Cut rental credit card terminal
0044.6506
1,000
27,000
Reduce miscellaneous supplies
2722.6050
2,536
102,464
Reduce part-time wages
2722.6105
195
7,838
Reduce part-time benefits
2722.6110
12
484
Reduce part-time benefits
2722.6185
57
2,295
Reduce part-time benefits
2724.6520
1,000
24,000
Reduce commodities for resale
-300
Operating Transfers 0048.7430 350,000 253,020 Reduce transfer to PIR Fund
434,683
G:kCharlieXBudget12009 Budget revisited\2009 Budget Revisions Round #I.xts 5/15/2009 8:26 AM
CITYF6f
,CRYSTAL it L
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for May 19 City Council Meeting)
NTE� iTi F VA E, N 911"L
RE: Project 2008-10 Welcome Park Street Reconstruction Project
Consider Resolution Awarding Staking and Inspection Contract
At the April 21, 2009 special assessment public hearing regarding the above
project, the Council awarded the construction contract to Northwest Asphalt, Inc.
As part of the work necessary to administer that contract, the consulting firm
Short, Elliot and Hendrickson has submitted a negotiated proposal/agreement to
provide staking, inspection, and contract administration services.
DISCUSSION
The contract is based on a percentage of construction cost in which the cost of
engineering services reduces as a percentage of total construction cost as the
construction cost increases. Based on the current estimated total construction
cost covered by the contract of $5,812,725.40, the total engineering services fee
will be 13.70%, or $796,343.
The total fee is made up of three parts which are Feasibility Study (0.96%), Plans
and Specifications (5.48%), and Staking and Inspection (7.26%). Therefore, the
estimated cost of this final portion of the engineering services contract is
$5,812,725.40 X 7.26% which is $422,003.86. However, if the billing for the first
two parts is higher than the above "guideline" percentages, the total billing
cannot exceed the $796,343. A portion of the engineering fee will be paid by
Robbinsdale and New Hope, based on their percentage of total construction cost.
The Phase 10 staking, inspection, and contract administration services contract
includes construction surveying, coordination between the contractor, property
owners and the City, and inspection to ensure that all work is performed
according to the plans and specifications. These services are critical for the
long-term success of the project.
FINANCIAL IMPACT and RECOMMENDATION
The estimated contract cost for the recommended services is $422,003.86 and is
consistent with the feasibility study and final cost estimate. These costs have
been included in the overall project cost and are already reflected in the special
assessment that was levied on April 21, 2009. There is no impact on the General
Fund. It is recommended the Council adopt the attached resolution authorizing
the agreement with SEH to provide said services.
Respectfully submitted,
Thomas A. Mathisen
City Engineer
1:pubworks/projects/phase I 0/stakeinsp.doc
AUTHORIZING AGREEMENT TO PROVIDE STAIGNG AND INSPECTION
SERVICES, PHASE 10 STREET RECONSTRUCTION PROJECT # 2008-10
WHEREAS, on April 21, 2009, the Crystal City Council adopted the assessment roll
and awarded the construction contract for Phase 10 Welcome Park Street Reconstruction; and
WHEREAS, the consulting firm of Short, Elliot, and Hendrickson is qualified to
perform the necessary staking and inspection services; and
WHEREAS, the proposed contract as submitted by SEH in the amount of
$422,003.86 is a reasonable and appropriate cost for such services.
NOW, THEREFORE BE IT RESOLVED, by the Crystal City Council, that pursuant
to Minnesota Statutes, Chapter 429, that the proposed agreement be authorized and approved.
Adopted by the Crystal City Council this 19th day of May 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
L/pubworks/projects/phasel 0/stakeinspres
SEH
Supplemental Letter of Agreement
to Agreement for Professional Services
Dated October 16, 2007
April 27, 2009
Tom Mathisen, P.E.
Director of Public Works
City of Crystal
4141 Douglas Drive North
Crystal, Minnesota 55422-1696
Dear Tom:
RE: Crystal, Minnesota
Professional Services for 2009 —
Phase 10 Welcome Park Street
Reconstruction
City Project No. 2008-10
SEH No.: P-CRYST107672
We will provide engineering services for the construction phase of the referenced project. Our
services will be in accordance with the Agreement for Professional Services between the City of
Crystal, Minnesota (City) and Short Elliott Hendrickson Inc. dated October 16, 2007
(Agreement).
The most recent estimated construction cost for Phase 10 upon which to base the total
engineering fee percentage is outlined in the following table. We understand the importance of
staying within the total project costs as outlined in the feasibility study.
ITEM
COST
Subtotal Estimated Phase 10 Construction Cost without
Private Work
$6,220,871.51
Private Work
Sanitary Sewer Repair
Subtotal Estimated Construction Cost
$130,766.80
Driveway Replacement
Subtotal Estimated Construction Cost
$517,955.00
(1)
Subtotal Estimated Phase 10 Private Work Construction Cost
$648,721.80
Total Estimated Phase 10 Construction Cost
$6,869,593.31
Less 85% Estimated Phase 10 Private Work Construction Cost
$551,413.53
(2)
Total Estimated Construction Cost
$6,318,179.78
Less Estimated Construction Contingency
$505,454.38
(3)
Total Estimated Construction Cost on which to Base the
Total Engineering Fee Percentage
$5,812,725.40
Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301
SEH is an equal opportunity employer I www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax
Tom Mathisen, P.E.
April 27, 2009
Page 2
(1) From the Bid Tabulation based on the low bid from Northwest Asphalt.
Per attached Appendix A (Revised January 14, 2009).
(3) The September 30, 2008 Report on Feasibility reported 0% estimated construction
contingency using average bid unit prices. The estimated construction contingency
following the March 16, 2009 bid opening is assumed to be 8% using Northwest
Asphalt bid unit prices.
In accordance with the attached Appendix A dated January 14, 2009, our lump sum fee for this
entire project is calculated on the basis of 13.70% of the construction cost or $796,343 including
expenses.
During the course of the construction phase, we will bill you monthly for services, expenses, and
equipment on SEH's estimate of the percentage of the work completed as described in Exhibit C-
3 of the Agreement. This financial arrangement is based on the orderly and continuous progress
of the project. If the contractor fails to complete work by the specified date, and/or the scope of
work is changed, SEH will invoice our services an additional amount on an hourly basis plus
expenses in accordance with the attached hourly rate schedule.
This Supplemental Agreement and the Agreement represent the entire understanding between
you and us in respect to the project and may only be modified in writing signed by both of us. If
this letter satisfactorily sets forth your understanding of our agreement, please sign in the space
provided below and return one copy of this letter.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Aaron T. Di zler, PE
Project Manager
c: Dan Boxrud, SEH
Paul J. Pasko, III, SEH
Accepted this day of , 2009
City of Crystal
By
Title
By
Title
P:\AE\C\Cryst\107672UGenl\10-contract\SUPAGREE PH 10 CPS.doc
Final Total
Construction
Engineering
Feasibility
Plans and
Construction
Cost ($)
Fee (%)
Study (%)
Specs (%)
MgMt (%)
$2,000,000
19.70%
1.38%
7.88%
10.44%
$2,250,000
19.30%
1.35%
7.72%
10.23%
$2,500,000
18.90%
1.32%
7.56%
10.02%
$2,750,000
18.50%
1.30%
7.40%
9.80%
$3,000,000
18.10%
1.27%
7.24%
9.59%
$3,250,000
17.70%
1.24%
7.08%
9.38%
$3,500,000
17.30%
1.21%
6.92%
9.17%
$3,750,000
16.90%
1.18%
6.76%
8.96%
$4,000,000
16.50%
1.16%
6.60%
8.74%
$4,250,000
16.10%
1.13%
6.44%
8.53%
$4,500,000
15.70%
1.10%
6.28%
8.32%
$4,750,000
15.30%
1.07%
6.12%
8.11%
$5,000,000
14.90%
1.04%
5.96%
7.90%
$5,250,000
14.50%
1.02%
5.80%
7.68%
$5,500,000
14.10%
0.99%
5.64%
7.47%
$5,750,000
13.70%
0.96%
5.48%
7.26%
$6,000,000
13.30%
0.93%
5.32%
7.05%
$6,250,000
12.90%
0.90%
5.16%
6.84%
$6,500,000
12.50%
0.88%
5.00%
6.62%
$6,750,000
12.10%
0.85%
4.84%
6.41%
$7,000,000
11.70%
0.82%
4.68%
6.20%
$7,250,000
11.30%
0.79%
4.52%
5.99%
$7,500,000
10.90%
0.76%
4.36%
5.78%
$7,750,000
10.50%
0.74%
4.20%
5.56%
$8,000,000
10.10%
0.71%
4.04%
5.35%
Final construction cost includes 15% of private driveway and sanitary sewer repair costs.
Total fee will be based on Total Engineering Fee percentage column. Remaining three columns are
only possible breakdowns to be used to keep cost of each phase balanced.
*Revised 10-9-07 (private to 15%) -
*Revised 1-14-09 (Revised Percentages for Total Engineering Fee, Feasibility Study, Plans and Specs, and Construction Mgmt)
P:\AE\C\Cryst\Comrnon\Master Contract\REVISED APPENDIX A.doc
F
FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator ,,,/
DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director
DATE: May 13, 2009
TO: Anne Norris, City Manager (for May 19th City Council Meeting)
SUBJECT: Application 2009-04 for a variance to reduce the east setback at 4933
Vera Cruz Avenue North.
The home on the subject property was constructed in 1927 and has the following
setbacks:
® East (front) lot line: 23 feet (current requirement: 30 feet)
® West (rear) lot line: 102 feet (current requirement: 30 feet)
® South (side street) lot line: 22 feet (current requirement: 10 feet)
® North (side) lot line: 10 feet (current requirement: 5 feet)
The house currently encroaches into the required east setback by 7 feet and
therefore is a nonconforming structure.
The applicant is seeking a building permit for an addition on the west and south
side of the house. The addition would be at least 22 feet from the south lot line and
would be in compliance with the 10 foot minimum setback. However, the addition
would expand the house which is not permitted because the house is a
nonconforming structure. For this reason, the addition cannot be built unless a
variance is granted to reduce the east setback so the house is conforming. The
property owner has applied for such a variance. Notice of the May 11, 2009 public
hearing was mailed to all property owners within 350 feet of the subject property
on April 30, 2009. The Planning Commission held the required public hearing on
May 11, 2009.
The following Exhibits are attached:.
A. 2006 aerial photo showing the location of the property.
B. Narrative submitted by applicant.
C. Site Plan.
VARIANCE — EAST SETBACK — 4933 VERA CRUZ AVE N
Page 1 of 3
D. Sketch of proposed addition.
B. STAFF COMMENTS
The situation is unusual in that the house was built in 1927 prior to the City
enforcing zoning codes and therefore there were no setback requirements. Over
time, the zoning codes adopted by the city have changed, as have the definitions of
hariges to he lot IIIIIU definitions asedIII Lne City's zoni-ng code have
made the house legally non -conforming, thus prohibiting any expansion of the
structure.
In 1988, a variance was granted by the city to encroach 7.5 feet into the south
setback, which at the time was defined as the front yard. The east setback was not
addressed at that time. Since that time, the code has changed and the yard with the
narrowest dimension abutting a street is considered the front yard. In this case the
east lot line is now the front lot line.
In order for a variance to be granted, state law and city code require that all three of
the following criteria be met:
® The property in question cannot be put to a reasonable use if used as
required by the code.
The property cannot be put to reasonable use if used as required by this
Zoning Code. Reasonable use of the property includes continuation of the
existing east setback encroachment created by changes to the lot line
definitions used in the zoning code over time. The house was built in 1927
with a 23 foot setback from the east property line and 27 foot setback from
the south property line. Granting a variance that would create setback
requirements consistent with not only the way the house was originally built
but also the city's generally applied setbacks is necessary for the owner to
have reasonable use of the property.
The plight of the landowner is due to circumstances unique to the
property not created by the property owner.
The plight of the landowner is due to circumstances unique to the property. It
is unusual for changes in lot line definitions over time to make a structure non-
conforming.
The variance, if granted, will not alter the essential character of the
locality.
The variance, if granted, will not alter the essential character of the locality;
provided that the required south setback is increased from 10 feet to 22 feet in
keeping with the existing setback and the variance that was approved in 1988.
VARIANCE — EAST SETBACK — 4933 VERA CRUZ AVE N
Page 2 of 3
In addition, state law and city code specifically state that economic considerations
alone do not constitute an undue hardship if a reasonable use for the property exists
under the code.
The findings of fact support a variance to reduce the minimum east setback from 30
feet to 23 feet. However, the variance should only be approved if the minimum
south setback is increased to 22 feet from the currently required 10 feet.
C. RECOMMENDATION
At its meeting on May 11, 2009 the Planning Commission voted 7-0 to
recommend approval of a variance from Section 515.33 Subd. 8 a) 1) to reduce
the east setback from 30 feet to 23 feet; subject to an increase in the minimum
south setback from 10 feet to 22 feet so it is consistent with the variance that was
approved in 1988, and also to be consistent with the findings of fact that are the
justification for approving a variance from the east setback.
Suggested findings of fact are as articulated in Section B above.
City Council action is requested. Findings of fact addressing whether or not the
three variance criteria are met should be included in the motion. The Council may
choose to use staff's recommended findings of fact by reference in the motion.
VARIANCE — EAST SETBACK — 4933 VERA CRUZ AVE N
Page 3 of 3
Hennepin County Property Map Print Page I of 1
Hennepin County Property Map - Tax Year: 2009
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: 09-118-21-24-0037
Owner Name: T A BAKKE & S L BAKKE
Parcel Address: 4933 VERA CRUZ AVE N, CRYSTAL, MN 55429
Property Type: RESIDENTIAL
Homestead: HOMESTEAD
Area (sqft): 10200
Area (acres): 0.23
A -T -B: ABSTRACT
Market Total: $151,000.00
Tax Total: $1,886.48
5417
Date Printed: 5/6/2009 9:21:26 AM
Current Parcel Date- 5/4/2009
Sale Price: $58,000.00
Sale Date: 05/1984
Sale Code: CONTRACT FOR DEE
E 'A" H 1 103 1 T A
http://gis.co,hem-iepin.inn.us/HCPropertyMap/Locator.aspx?PID=0911821240037 05/06/2009
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COUNCIL STAFF REPORT
CKYSTAL
Comprehensive Plan Update
FROM: John Sutter, City Planner/Assistant Community Development Director
DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director
DATE: May 12, 2009
TO: Anne Norris, City Manager (for May 19, 2009 Council meeting)
SUBJECT: Consider a resolution approving the Comprehensive Plan Update for
submittal to Metropolitan Council
State law requires that all cities in the seven county metropolitan area submit an
updated Comprehensive Plan every ten years to Metropolitan Council. In early 2007,
the City Council established a 27 -member citizen task force to work on an updated
Comprehensive Plan for the City of Crystal. The task force met 15 times and held two
public open houses before completing their work in May 2008. The Planning
Commission refined the task force report into a document meeting Metropolitan
Council's formatting requirements in fall 2008. The Planning Commission approved the
Comprehensive Plan Update on October 13, 2008 and the City Council approved it on
November 6, 2008. The approved plan was sent to adjacent jurisdictions for the six
month review period required by Metropolitan Council. That review period has ended.
PROCESS STEP TARGET DATE
Council approves draft plan for submittal to adjacent
jurisdictions, affected special districts, and school districts Nov. 6, 2008
Initiation of 6 -month review/comment period by adjacent
jurisdictions, affected special districts, and school districts Nov. 7,2008
Planning Commission public hearing date to consider
comments from adjacent jurisdictions, affected special
districts, and school districts and recommend any
Deadline for plan submittal to Metropolitan Council Mav 29, 2009
Completion of fiscal devices and official controls
review/amendment Dec. 31.2009
PAGE 1 OF 2
The only comments received from adjacent jurisdictions were comments from New
Hope (attached as Exhibit A) regarding the regional trail alignment through the southern
part of Crystal. Because this issue was discussed and considered at great length during
the task force process, staff does not recommend any changes to the Comprehensive
Plan Update because it accurately represents the policy consensus of Crystal
stakeholders. At some point, the two cities and Three Rivers Park District may need to
negotiate a regional trail route. If such negotiation necessitates a Comprehensive Plan
amendment by either city, then that would have to be considered at that time, including
a new public hearing and specific action by the Planning Commission and City Council.
However, staff is recommending the following changes to Chapter F - Land Use, which
should be viewed more as corrections than substantive changes because they affirm
existing city land use policy and were inadvertently left out by staff:
® The density guidelines from the current Comprehensive Plan should have been
carried over into the new Comprehensive Plan.
• The special area plan for the former CPRR property west of Douglas, approved by
the City Council on May 21, 2002, should have been carried over in the Land Use
Section of the updated plan. (Note: Prior to Met Council submittal, the maps will be
professionally updated to show the area subject to the special area plan.)
• The special area plan for Douglas south of 36th, approved by the City Council on
February 7, 2006, should have been carried over in the Land Use Section of the
updated plan. (Note: Prior to Met Council submittal, the maps will be professionally
updated to show the area subject to the special area plan.)
These corrections are paper -clipped to the corresponding pages 19, 23, 27 and 29 of
the enclosed Adjacent Jurisdictions Review Draft.
On May 11, 2009, the Planning Commission held the required public hearing (notice
attached as Exhibit B). No members of the public addressed the Planning Commission
at the hearing. The only written comment received was the enclosed email (attached as
Exhibit C) regarding the status of the Surface Water Management Plan. After closing
the hearing, the Planning Commission unanimously adopted a resolution (attached as
Exhibit D) approving the Comprehensive Plan Update for submittal to Metropolitan
Council.
City Council action is requested on the proposed resolution (attached as Exhibit E)
approving the Comprehensive Plan Update for submittal to Metropolitan Council.
PAGE 2 OF 2
March 17, 2009
Patrick Peters
Community Development Director
4141 Douglas Drive
Crystal, MN 55422
Dear Mr. Peters,
-.2
The city of New Hope has reviewed the Crystal Comprehensive Plan update. Overall, the city
of New Hope was generally supportive of the plan, however, there were minor concerns
regarding the proposed Bassett Creek Regional Trail route. Enclosed are resolutions outlinh-19
the city's concerns. Please contact Eric Weiss with any questions you may have at 763-531-5196
or eweiss@ci.iLew-hope.mrL-us-
New Hope would like to thank Crystal for the opportunity to review the Comprehensive Plait
update. The city of New Hope looks forward to working with the city of Crystal in the future.
Sincerely,
Curtis Jacobsen
Director of Community Development
Cc: Eric Weiss, Community Development Assistant
Kirk McDonald, City Manager
Denise Engen, Metropolitan Council
:D
0
4401 Xylon Avenue North o, New Hope, Minnesota 55428-4898 o www. ci.new-hope.mn.us x
City Hall: 763-531-5100 - Police (non -emergency): 763-531-5170 + Public Works: 763-592-6777 o TDD: 763-531-5109 UA
City Hall Fax: 763-531-5136 - Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776
City of New Hope
Resolution No. 09- 46
Resolution confirming and ratifying Planning Commission Resolution No. 09-01 regarding
comments on the city of Crystal Comprehensive Plan update
Be it resolved by the City Council of the city of New Hope as follows:
WHEREAS, the Crystal City Council granted preliminary approval to the 2008 update of the
Comprehensive Plan and authorized submission of the Plan to the Metropolitan
Council and adjacent communities; and
WHEREAS, the proposed update will update the city of Crystals Comprehensive Plan
through the year 2030; and
WHEREAS, adjacent communities and governmental units have the opportunity to comment
on the amendment and comments will be considered by the Metropolitan
Council as advisory; and
WHEREAS, due to Crystal's proximity to New Hope, the city of Crystal has provided a copy
of the update to the city of New Hope for review and comment related to any
potential impacts to the city; and
WHEREAS, the city of New Hope desires to submit comments on the update and said
comments are contained within this resolution; and
WHEREAS, the New Hope city staff and planning consultant have reviewed the update and
formulated comments regarding the update, and these comments were
reviewed by the full New Hope Planning Commission at its regularly scheduled
meeting on March 3, 2009, and the comments were adopted by the Commission
in resolution format; and
WHEREAS, the City Council of the city of New Hope reviewed said resolution at the March
9, 2009, Council meeting and concurred with the comments/recommendations in
the resolution; and
WHEREAS, the city of New Hope will submit these comments to the city of Crystal and the
Metropolitan Council;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope,
Minnesota, that the City Council recommends approval of the update to the Crystal
Comprehensive Plan with the comments outlined in Planning Commission Resolution No. 09-
01.
Adopted by the City Council of the city of New Hope, Hennepin County, this 9th day of
Marr -h, 2009.
Mayor
Attest:
City Clerk
City of New Hope
Planning Commission Resolution No. 09-01
Resolution regarding comments on city of Crystal Comprehensive Plan update
Be it resolved by the Planning Commission of the city of New Hope as follows:
Procedural Background
WHEREAS, the Crystal City Council granted preliminary approval to the 2008 update of the
Comprehensive Plan for the city and authorized submission of the Plan to the
Metropolitan Council and adjacent communities; and
WHEREAS, the proposed update will update the city of Crystal Comprehensive Plan
through the year 2030; and
WHEREAS, adjacent communities and governmental units have the opportunity to comment
on the amendment and comments will be considered by the Metropolitan
Council as advisory, and
WHEREAS, due to Crystal's proximity to New Hope, the city of Crystal has provided a copy
of the update to the city of New Hope for review and comment related to any
potential impacts to the city; and
WHEREAS, the city of New Hope desires to submit comments on the update and said
comments are contained within this resolution; and
WHEREAS, New Hope city staff has reviewed the update and formulated comments
regarding the update, and these comments were reviewed by the full New Hope
Planning Commission at its regularly scheduled meeting on March 3, 2009.
Comments on Update/Findings of Fact
WHEREAS, based on the procedural background referenced herein, the New Hope Planning
Commission hereby makes the following comments on the amendment/findings
of fact in connection with the proposed city of Crystal Comprehensive Plan
update:
1. Regional Trails
The proposed Bassett Creek Regional Trail will connect French and Theo Wirth parks
through the cities of Plymouth, New Hope, Crystal and Golden Valley. The city of New
Hope and Three Rivers Park District intend the trail to cross Highway 169 at 36th
Avenue, turn south at Boone Avenue and continue to 32-1 Avenue where the trail will
turn to the east. Crystal has suggested the trail should continue east along 36ffi Avenue
into Crystal. This is problematic as both New Hope and Three Rivers Park agree that
continuing the trail along 36ffi Avenue is not the preferred option. A route along 36ffi
Avenue could be a potential safety issue as 36th Avenue has numerous driveways with
limited sightlines. Staff has also heard from area residents in opi-prn
addition, trail infrastructure along Boone Avenue from 36th to 32nd already exists.r�
Conclusion
The Crystal Comprehensive Plan presents no major concerns to New Hope.
Recommendation
WHEREAS, the city of New Hope will submit these comments to the city of Crystal and the
Metropolitan Council.
NOW, therefore, be it resolved, by the Planning Commission of the city of New Hope,
Minnesota, that the Planning Commission recommends the City Council of New
Hope approve the update to the Crystal Comprehensive Plan with the
comments outlined in this resolution.
Adopted by the Planning Commission of the city of New Hope, Hennepin County, this 3rd day
of March, 2009.
Chair
Attest:
Curtis Jacobsen, Director of Community Development
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
asGV, NH, Crystal, Robbinsdale Sun -Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for two successive
week(s); it was first published on Thurs-
day, the 30 day of April ,
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the 7 _ day of
MaV , 2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklm nopq rstuvwxyz
I
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 7 day of
May , 2009.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1-31-14
City of Crystal
(Official Publication)
CITY OF CRYSTAL
NOTICE OF PUBLIC HEARING REGARDING
SPECIAL LAND USE APPLICATION 2009-05
NOTICE OF PUBLIC HEARING
REGARDING THE UPDATE OFTHE
CRYSTAL COMPREHENSIVE PLAN
NOTICE IS HEREBY GIVEN that the Planning Commis-
sion of the City of Crystal will meet on Monday, May 11,
2009, at 7:00 p.m. or as soon thereafter as the matter may
be heard, at Crystal City Hall, 4141 Douglas Drive North,
A copy of the proposed Comprehensive Plan Update, en-
titled "Adjacent Jurisdictions Review Draft;' is available for
public review at Crystal City Hall, 4141 Douglas Drive
North, during regular business hours. A copy Is also avail-
able on the Community Development page at
www.ci.crystal.mn.us. If you have questions about this ap-
plication, you may contact City Planner John Sutter by
calling (763) 531-1142 or emailing john.sutterQci.crys-
tal.mn.us.
Persons desiring to be heard on this matter are invited and
encouraged to attend the public hearing. Persons unable
to attend may submit written comments prior to the date
of the hearing to: Community Development Department,
City of Crystal, 4141 Douglas Or N, Crystal MN 55422.
Auxiliary aids for handicap persons are available upon re-
quest at least 96 hours in advance. Please call the City
Clerk at 763-531-1000 to make arrangements. Deaf and
Hard of Hearing callers should contact the Minnesota
Relay Service at 800-627-3529 VITTY or call 711 to be
connected to a TTY.
TIM BUCK, SECRETARY, PLANNING COMMISSION
Published in the Sun Post on April 30, 2009 and May 7,
2009
(Apr. 30 & May 7, 2009) p2-NoPH 2009 -05 -John Sutter
77
Page 1nf1
John Sufter
From: JANET MOORE [ontwinlakes@msn.com]
Sent: Friday, May 08, 2009 6:53 AM
To: John Sutter; janedLmzorehome; Jessie Hofseth john bilotta; Anne Norris; ReNae Bowman; Tom Mathisen
Subject: public hearing regarding the update ofthe crystal comprehensive plan
Dear Mr. Sutter,
I will not be able to attend the meeting on May 11th/ 2009, about the update of the "crystal
oornprehenoivep|an" . I have one concern which is the"SVVMP" (surface water management plan) is not
complete.
This is a very important topic and something the city needs to take seriously. We need to look atthings
differently than we did in the past. We need to have every private or public property that has impervious
surface toincorporate either L.I.D.s (low impact developement) or storm water ponds to address their
own storm water runoff, when any reconstruction takes place. Any rodeva|opernentneeds toincorporate
these practices.
I am very pleased that we are incorporating "Rain Gardens", in our street reconstructions in public parks
and volunteer individual property owners b|vds. But our businesses need to also step Uptothe plate and
deal with their parking lot runoff. By each entity taking care of their own storm water [UDof[ it will save
money in the long run. It will protect our lakes and rivers, prevent flooding and erosion, and promote
ground water recharge.
Please submit my letter to the Community Development Department so it can be submitted to the public
meeting onMay 11th.
Thankyou,
Janet Moore
47OOOrchard Ave. No.
Crystal, Mn. 55429
763-537-3365
pq
5/8/2009
ro-011 -0 5! k
TO i K
CITY OF CRYSTAL
A RESOLUTION APPROVING THE COMPREHENSIVE PLAN UPDATE AND
IIIIIIIIIIIIIIIIIIWIN .4 N-11111 CA1a fell -M IA IWOM91 111 MIZ-11—ftell-ITIkilym, CTA) 41-U) 11TTT1WV?'fiW=
BE IT RESOLVED by the Planning Commission of the City of Crystal, as follows:
WHEREAS, state statutes require that cities review and revise their comprehensive
plans for consistency with Metropolitan Council policy plans; and
WHEREAS, the city has completed a major review and update of its Comprehensive
Plan; and
WHEREAS, the Crystal Planning Commission has held a public hearing on the plan and
recommended approval of the version entitled "Adjacent Jurisdictions Review Draft" with
changes to Chapter F - Land Use described and included in the staff report dated May
6, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE CRYSTAL PLANNING
COMMISSION, that it is recommended that the Crystal City Council approve the
Comprehensive Plan Update for submittal to Metropolitan Council for review.
Adopted by the Crystal Planning Commission this l day of
2009.
Chair
ATTEST:
Secretary
t
F61MA-0911,ZUTDO
CITY OF CRYSTAL
A RESOLUTION APPROVING THE COMPREHENSIVE PLAN UPDATE AND
11 ; 1i; - 1 9 1 �NTFTXNMUCTITTIT Ri
511111111TI I i i � � � qz�
BE IT RESOLVED by the City Council of the City of Crystal ("City Council"), as follows:
WHEREAS, state statutes require that cities review and revise their comprehensive
plans for consistency with Metropolitan Council policy plans; and
WHEREAS, on November 6, 2008 the City Council completed a major review and
update of its Comprehensive Plan with its approval of the Adjacent Jurisdictions Review
Draft; and
WHEREAS, between November 7, 2009 and November 14, 2009, the Adjacent
Jurisdictions Review Draft was distributed to other units of government in accordance
with the requirements of the Metropolitan Council; and
WHEREAS, on May 11, 2009 the Crystal Planning Commission ("Commission") held a
public hearing on the plan; and
WHEREAS, also on May 11, 2009 the Commission unanimously adopted a resolution
approving for submittal to Metropolitan Council the Adjacent Jurisdictions Review Draft
of the Comprehensive Plan Update for the City of Crystal, with changes to Chapter F -
Land Use described and included in the staff report to the Commission dated May 6,
2009.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CRYSTAL, that the Adjacent Jurisdictions Review Draft of the Comprehensive Plan
Update for the City of Crystal, including changes to Chapter F - Land Use described and
included in the staff report to the Planning Commission dated May 6, 2009, is approved
for submittal to Metropolitan Council for review.
Adopted by the City Council of the City of Crystal this _ day of 2009.
Mayor
ATTEST:
City Clerk
[n I
The Land Use chapter's main component is the Future Land Use Map, which is the primary basis for the
city's zoning map. In this chapter, the current version of the Future Land Use Map is contrasted with the
new version proposed by the Task Force.
0%
_
A. For most property in the city, the proposed new Future Land Use map would not differ dramatically
from the one currently in effect. It is also generally consistent with the existing zoning map. Density
guidelines for each residential land use classification would continue as follows:
1. Low Density Residential shall not exceed 5 dwelling units per gross acre.
2. Medium Density Residential shall not exceed 12 dwelling units per gross acre.
3. High Density Residential shall not exceed 22 dwelling units per gross acre.
4. These density guidelines may be exceeded by 10% as part of the Planned Development rezoning
process if the City Council finds that the development would provide extraordinary benefit to the
community or the site has extraordinary characteristics that make development difficult.
B. However properties are guided on the Future Land Use Map, existing lawful uses may continue
indefinitely ("grandfathered in").
C. The Future Land Use Map does not try to anticipate specific new uses upon redevelopment. Instead,
more specific master planning for each redevelopment area would occur if an actual project emerges.
If necessary, specific amendments to the Future Land Use Map would be considered at that time.
D. Areas used for institutional, park or other similar uses will be shown as a hybrid of their existing use
and the appropriate future use in case they are ever redeveloped. This will assist the city in
determining the appropriate zoning classification for these properties.
E. Two of the current plan's mixed use areas ("West Broadway -Highway 81" and "Town Center")
would be supplanted by land use guidance more consistent with current uses and realistic near-term
redevelopment potential.
F. All residential parcels along Bass Lake Road east of Bottineau Boulevard will be guided Low
Density Residential.
G. Commercial uses east of the VFW on Bass Lake Road would be guided LDR.
H. Areas along Douglas Drive and Highway 100 from 36t" south to the Golden Valley border are shown
in a manner consistent with the outcome of the corridor task forces that have looked at those areas
during the past several years, with one exception: The excess MnDOT parcel at the northwest corner
CRYSTAL COMPREHENSIVE PLAN - CHANGES FOR PLANNING COMMISSION REVIEW 5/11/2009
of Hwy 100 and 36th Avenue, presently guided for Medium Density Residential, would instead be
guided for neighborhood commercial.
A. Former CPRR property west of Douglas Drive and north of the CPRR tracks.
The a -subject -to lSpecial-Area P-lan_* shown nn Figure F-2 (Flith,re T.and T T.e Man). No plat
approval, rezoning, conditional use permit, site plan approval, or other similar city approval shall be
granted by the City Council for any structure, use or subdivision of land in this area unless it is fully
consistent with the following guidelines:
1. The area is guided Industrial in the Future Land Use map, except for the eastern end which is
guided Community Commercial. If multiple uses are proposed for the property, then upon
rezoning the boundary between the C-2 Community Commercial and I-1 Light Industrial
districts shall generally reflect the boundary shown in the Future Land Use map, with some
reasonable variation granted at the discretion of the Council.
2. If parts of the new parcel are to be owned by separate businesses as quasi -private properties, then
the new parcel must be platted and rezoned into a planned development (PD) overlayed on the C-
2 Community Commercial and I-1 Light Industrial zoning districts. Each quasi -private property
shall be clearly defined as a parcel on the plat, plus common property containing access drives,
landscape areas, drainage facilities, utilities, and similar improvements. The planned
development must also include provisions for an association of the private owners to collectively
own and maintain the common property.
3. Any expansion of existing uses or redevelopment of the subject property shall be compatible
with adjacent land uses, including but not limited to issues of traffic, parking, noise, hours of
operation, buffering, screening, impervious coverage, building size, form and materials. The
City Council may deny such expansion or redevelopment if it determines that the expansion or
redevelopment is incompatible with adjacent land uses.
4. Due to access limitations and the embedded nature of the site, customer -intensive commercial
uses such as retail or medical office may not be appropriate unless they are located on the eastern
end of the site with direct visibility and clear access to Douglas Drive.
5. The Zoning Ordinance and Comprehensive Plan limit automobile -related businesses and similar
uses to certain designated corridors within the city. The subject property is not within one of
these corridors. Therefore the following uses are not permitted on the subject property: car
washes and detailing shops; fueling stations; motor/recreational vehicle repair;
motor/recreational vehicle sales, leasing or rental.
6. All of the normally applicable standards, requirements and regulations shall apply, including but
not limited to city code sections 505 (subdivision regulations), 515.13 (performance standards),
515.17 (parking), 515.49 (C-2 district regulations), 515.53 (1-1 district regulations), 515.57 (PD
district regulations), 520 (site and building plan review), and 530 (stormwater management).
7. Variances from normally applicable dimensional requirements, such as setbacks, may be
appropriate due to the narrow width of the site, its odd configuration, and its odd history,
provided the three-part undue hardship test found in city code 515.05 Subd. 2 a) can be met.
8. No building's height shall exceed any of the following: 3 stories, 40 feet, or the building's
setback from the east, west or north boundaries of the property.
9. Vehicular access shall only occur directly to and from Douglas Drive. No application shall be
approved with access at Idaho Avenue.
10. Due to the long, narrow, isolated and embedded character of the site, adequate lighting of access
drives and similar areas must be provided to protect public safety.
CRYSTAL COMPREHENSIVE PLAN - CHANGES FOR PLANNING COMMISSION REVIEW 5/11/2009
11. Due to the long, narrow, isolated and embedded character of the site, adequate fire protection is
essential to protect public safety.
12. The City reserves the right to deny any application for expansion of existing uses or
redevelopment of the subject property that it determines to be incompatible with these guidelines
or any other part of the Comprehensive Plan. The City Council also reserves the right to impose
conditions of approval for any such application that it determines to be necessary to ensure
,,n3p-+unb'n=.�,.;+int �=�C gu�l-i�rw�th�r-ppa;� of tl� prollon�i�l'lana
Absent such approval by the City Council, existing lawful nonconforming uses may continue in their
present form and extent subject to the provisions of City Code Section 515.01 Subd. 8 regarding
Nonconforming Uses.
B. Douglas Drive between 36th and 27tl' Avenues. The area subject to this Special Area Plan is shown
on Figures F-6 and F-8 (Future Land Use Map). No plat approval, rezoning, conditional use permit,
site plan approval, or other similar city approval shall be granted by the City Council for any
structure, use or subdivision of land in this area unless it is fully consistent with the following
guidelines:
1. Development shall be consistent with the density limits established for the residential uses shown
on the Future Land Use map. If a development site includes areas guided for different densities,
the developer may request that the city average the guided density on a pro -rated basis over the
entire site. However, the city may require the developer to conform to each guided density
instead of a pro -rated average.
2. Development shall not reduce the development potential of other parcels by impeding access or
leaving undeveloped any adjacent small, isolated, difficult -to -develop parcels.
3. Development shall include additional right-of-way for Douglas Drive or other public streets as
necessary to preserve and enhance the transportation system.
4. Development shall preserve an open space corridor along Bassett Creek for the purposes of flood
prevention, open space preservation and a possible future public trail.
5. Development shall be compatible with adjacent land uses and systems, including but not limited
to issues of traffic, parking, noise, buffering, screening, impervious coverage, building size, form
and materials. The preferred residential development style would be townhomes or similar
structures where each unit has a private entrance instead of apartment -style buildings where
residents share a common entrance.
6. Certain office -type commercial uses may be compatible in areas guided Medium Density
Residential or High Density Residential adjacent to Douglas Drive. In no event shall a
commercial use be permitted that is found to be incompatible with adjacent land uses.
7. The city reserves the right to deny any application for development that it determines to be
incompatible with these guiding principles or any other park of the Comprehensive Plan.
CRYSTAL COMPREHENSIVE PLAN - CHANGES FOR PLANNING COMMISSION REVIEW 5/91/2009
TABLE F- I FUTURE LAND USE CATEGORIES AND ACREAGES - BASED ON THE
CURRENT VERSION OF THE FUTURE LAND USE MAP
LAND USE CATEGORY
ACRES
PERCENT
Low Density Residential (LDR)
1,868.0
49.8%
Medium Density Residential (MDR)
43.6
1.2%
-Hig-h-D-e-ns-ily—R-es-ire-n-"ia -(H-D )
—b,9-.9
1. o
Neighborhood Commercial (NC)
14.0
0.4%
General Commercial (GC)
103.6
2.8%
Industrial (IND)
36.9
1.0%
Undeveloped LDR this is cemetery land)
77.9
2.1%
Airport
334.5
8.9%
Parks (includes open water on Twin Lake)
261.4
7.0%
Public Institutional
34.0
0.9%
Street, Alley or Highway Right -of Way
738.0
19.7%
Railroad Rights of Way
48.0
1.3%
MU -Town Center
11.2
0.3%
MU-WB/81
104.2
2.8%
Other LDR
4.5
0.1%
TOTAL:
3,749.7
100.0%
CRYSTAL COMPREHENSIVE PLAN - CHANGES FOR PLANNING COMMISSION REVIEW 511112009
FIGURE F-2 NORTHWEST QUADRANT: FUTURE LAND USE MAP
PROPOSED NEW VERSION
Northwest
62ND AVE
Quadrant I
m
CRYSTAL COMPREHENSIVE PLAN - ADJACENT JURISDICTIONS REVIEW 1110612008
FIGURE F-6 SOUTHWEST QUADRANT: FUTURE LAND USE MAP
PROPOSED NEW VERS1011
�008--
14 5TH!
LOW DENS I TY--RES-ID-
DENSITY RESI.D.
t HIGH DENSITY RESID.
GENERAL COMMERCIAL
M -INDUSTRIAL-.--,,, A42 N�D-AVE
AIRPORT (LDR)
Park
PIIIIIIIIIIIII UBLIC/INSTITUTIONAL
EM RAIL
Other Undev (1)
ui
_Dthgd-ely,-(LDR,)--.,---��'--I
w
Plulbllllllllllil licdn�'t (OC)
cn
Public4nst I DR
Public-[,nst (Park
m4 2-71� A��-
mommolmor,
MA
r
N
i
0 0.25
0.5
,75
CRYSTAL COMPREHENSIVE PLAN - ADJACENT JURISDICTIONS REVIEW 1110612008
FIGURE F-8 SOUTHEAST QUADRANT: FUTURE LAND USE MAP
a
Immi-mv
CRYSTAL COMPREHENSIVE PLAN - ADJACENT JURISDICTIONS REVIEW 1110612008
TO: Mayor and City Council
FROM: Anne Norris, City Manager
SUBJECT: Right -of -Way Agreement with Hennepin County — CR 81/Bottineau
Boulevard Project
laileglej
In late 2007, the Crystal Council adopted a resolution (attached) giving preliminary
design approval and preliminary cost sharing estimates for the Crystal phase of the
reconstruction of CR 81/Bottineau Boulevard. Since that time, Hennepin County has
proceeded with: refining the design plans; participating in the Aesthetic Design
Committee to help develop recommendations for landscaping and enhancements in the
Crystal segment of the corridor; refined cost estimates; completed the environmental
review process; and acquisition of some of the total parcel acquisitions in the corridor.
In order to prepare the final design plans for construction to start in 2010, Hennepin
County is requesting approval of execution of the right-of-way agreement for the Crystal
segments.
Attached is the latest copy of the agreement which has been reviewed multiple times by
City Attorney Mike Norton. The agreement includes:
- Crystal reimbursing Hennepin County for 50% of the partial acquisitions and
temporary, utility and drainage easements (consistent with the intent of
Resolution #2007-105);
- Crystal reimbursing Hennepin County for 25% of the acquisition costs related
to storm water ponding (consistent with the intent of Resolution #2007-105);
- Cost estimates for partial, temporary and utility easements and stormwater
ponding of $1,901,779 (slightly lower than original estimates);
- Cost estimates do not include demolition or any environmental assessments
(with the exception of one acquisition, there is little exposure for Crystal); and
- References specific parcels for total or partial acquisition, including
easements.
Although it is not part of the right-of-way agreement, Crystal is also responsible for a
modest share of construction and engineering costs, which are included in Crystal's
total costs. The agreement does not cap the acquisition costs but based on actual
acquisition costs to date, the estimate appears to be reasonable. The agreement also
does not address enhancements and landscaping as recommended by the Aesthetic
Design Committee.
The payment schedule for reimbursing the County and the enhancements are not part
of the right-of-way agreement and will be considered separately by the Council at future
meetings.
In order to keep the CR 81/Bottineau Boulevard reconstruction project on schedule,
recommend approval of authorizing execution of the right-of-way agreement.
RESOLUTION APPROVING PRELIMINARY DESIGN LAYOUT,
AND PRELIMINARY APPROVAL FOR CRYSTAL'S
SHARE OF COSTS OFTHE PROPOSED RECONSTRUCTION OF CSAH 81
:• :• WITHIN THE CITY OF CRYSTAL
WHEREAS, the Hennepin County Transportation Department has submitted to
the City of Crystal Preliminary Roadway Layout Numbers 0118D and 0119B (dated
September 28, 2007) for the proposed reconstruction of County State Aid Highway 81
(CSAH 81 or Bottineau Boulevard) within the City of Crystal; and
WHEREAS, together with the layout, Hennepin County Transportation
Department staff has provided preliminary costs and Crystal's share of the costs
associated with the reconstruction of CSAH 81� in Crystal; and
WHEREAS, both Hennepin County and the Crystal City Council have hosted
open houses and informational meetings regarding the proposed improvements to
CSAH 81 in Crystal; and
WHEREAS, changes have been made to the layout and alternatives have been
provided in response to public and staff input; and
WHEREAS, Hennepin County is requesting Council approval of the layout as
assurance that Crystal is in agreement with the project concept prior to beginning
detailed design documents; and
WHEREAS, city staff has reviewed and recommends approval of said preliminary
layout.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Crystal as follows:
The preliminary layout, Numbers 0118D and 0119B dated September 28,
2007, is approved including a traffic signal at 47th Avenue, and that Hennepin
County is hereby authorized by the city to acquire all rights-of-way, permits
and/or easements required for said improvements in accordance with the
layout, and that the city agrees to ban the parking of motor vehicles at all
times and to provide enforcement of the prohibit of on -street parking on those
portion of said County Project Number 0118D and 01198 within Crystal's
corporation limits.
9
Crystal's portion of costs associated with this project is preliminarily approved
as follows:
- Crystal pays 50% of right-of-way acquisition costs for only temporary and
partial acquisitions necessary for mainline road construction as shown on
maps dated September 28, 2007. This preliminary approval does not ,
include the total acquisition of the parce-l-s-id—en—fifiein tf e Octolbul diula!
work sheets by PID's: 09-118-21-24-0004; 04-118-21-33-0009; 09-118-
21-24-0025;
- Crystal pays 25% of the storm sewer construction costs; and
- Crystal pays construction and engineering costs as allocated in the
October 1 preliminary summary of estimated costs.
3. The Crystal City Council recognizes that the extent and cost of any
enhancements (landscaping and buffering) within the corridor will be
determined as Hennepin County prepares detailed design plans and may be
subject to future negotiation in terms of specific enhancements and who
bears the cost of these enhancements.
4. As part of its approval of this project, the Crystal City Council intends to
articulate criteria to be included in the final project agreement which define
when the roadway will be striped to 6 lanes. These criteria may include but
are not limited to:
- completion of the interchange at CSAH 81 and TH 169 (Devil's Triangle);
- completion of TH 610 from 169 —1-94;
- traffic counts on Bottineau Boulevard exceed a specific number not yet
determined; 47tH
- red -times at the 4 intersections with Bottineau Boulevard at 47
Corvallis/51 st, Wilshire, and CSAH 10 (Bass Lake Road) exceed a specific
time not yet determined;
- no sooner than 5 years from completion of Project 0118D (the segement
from TH 100 to approximately 58th Avenue)and
- after completion of reconstruction of all the CSAH 81 segments between TH
100 and TH 169.
Approved this 20th day of November, 2007.
curie Ann Moore, Mayor Pro Tern
ATTEST:
-.-
Jan o Lewis, City Clerk
Agreement No. PW 07-09-08
County Project No. 0118
County State Aid Highway No. 81
City of Crystal
County of Hennepin
THIS AGREEMENT, Made and entered into this day of
, 2009, by and between the County of Hennepin, a body politic and
corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and
the City of Crystal, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the City and County have been negotiating to bring about the complete
reconstruction of County State Aid Highway No. (CSAR) 81 from northwest of Trunk Highway
(TH) 100 to northwest of CSAR 10 (Bass Lake Road) in the cities of Crystal and Robbinsdale;
and
WHEREAS, the abovementioned reconstruction of CSAR 81 will be accomplished under
County Project No. (C.P.) 0118 , hereinafter referred to as the "Project"; and
WHEREAS, the City of Crystal has approved Preliminary Layout No. 0 11 8D for the
Project on November 20, 2007; and
WHEREAS, the County is developing the final plans for the Project and anticipates
starting construction of the Project during the spring of calendar year 2010; and
WHEREAS, it is desirable and advantageous to begin the acquisition of the new right of
way, permanent easements, and temporary easements necessary to complete the Project; and
WHEREAS, the County will be responsible for acquiring the necessary new right of
way, permanent easements, and temporary easements necessary to construct the Project; and
WHEREAS, the City and the County desire to establish the terms and conditions by which
the right of way and easements required for the Project are to be acquired, and to set forth the
division of costs of properties acquired for these purposes; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under
the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
Agreement No. PW 07-09-08
CSAR 81; C.P. 0118
0
The County will be responsible for the acquisition of all new right of way, permanent
easements, and temporary easements required to construct the Project.
The County will endeavor to minimize the areas acquired to only those lands which are
represented in the aforereferenced approved layouts, or as may be reasonably modified by the
County during the development of the detailed construction plans for the Project. Any such
modifications by the County shall be consistent with the, scope and intent of the proposed
construction as approved by the City.
It is hereby understood that the phrase "responsible for the acquisition of' as used in this
Agreement shall be construed to mean the performance of all tasks and duties necessary and
legally required to obtain the right to use the subject properties for the purposes set forth in this
Agreement. Said rights may be obtained by, but are not limited to, direct purchase, dedication,
donation, or eminent domain.
H
The City agrees to convey property rights to the County over those lands owned by the City
that are required right of way for the Project. Said property rights shall be granted at no cost to
the County.
The City hereby agrees to reimburse the County fifty (50) percent of all acquisition costs
incurred by the County for all partial acquisitions necessary for the Project. Similarly, the City
agrees to reimburse the County fifty (50) percent of all acquisition costs incurred by the County
for all temporary easements acquired for the Project. Further, the City agrees to reimburse the
County fifty (50) percent of all acquisition costs incurred by the County for all drainage and
utility easements acquired for the Project.
It is understood by the parties that all potential total acquisitions due to frontage road
reconstruction shall be acquired by the County at no cost to the City. In the event -that total
acquisition of properties due to frontage road reconstruction result in the creation of remnant
parcels of vacant land, it is understood that said remnant parcels shall become the property of the
County. The total acquisitions due to frontage road reconstruction are shown in Exhibit "A",
attached hereto and by this referenced made a part hereof. It is further understood and agreed,
that the City shall reimburse the County twerity-five (25) percent of all acquisition costs incurred
- 2 - \t�i�-
Agreement No. PW 07-09-08
CSAH 81; C.P. 0118
by the County for all total acquisitions due to storm water ponding. Said total acquisitions due to
storm water ponding are shown in Exhibit "A".
It is understood and agreed that the City shall reimburse the County fifty (50) percent of all
acquisition costs incurred by the County for total acquisitions within the City acquired by the
County for the Project not due to the above mentioned frontage road reconstruction and storm
water ponding. For informational purposes only, it is anticipated that there will be no total
acquisitions under the conditions outlined in this paragraph for which cost participation by the
City will be required.
As shown in Exhibit "A", the total estimated cost to the City for right of way acquisition
necessary for constiuction of the Project is One Million Nine Hundred One Thousand Seven
Hundred Seventy Nine Dollars and No Cents ($1,901,779.00) (partial acquisitions, temporary
easements and drainage and utility easements - $1,492,610.00; total acquisitions for storm water
ponding - $409,169.00):
With the exception of Parcel Number 26 (PIN 09-118-21-24-0025), it is understood that
these estimates do not include costs for structure removals, or any environmental assessments or
cleanup that may be required on any of the properties acquired. The cost of the building removal
for Parcel Number 26 has been included in the estimates. It is understood that cost participation
by the City for these items will be at the same percentage used to acquire the property.
0
The acquisition costs incurred by the County as described herein shall include, but are not
limited to the following:
® monies paid to property owners, or on behalf of property owners, as part of negotiated
settlements
costs incurred with obtaining property through, and compliance with, Minnesota
Statute Chapter 117 (eminent domain), including all damages and awards resulting
therefrom
• acquisition consultant services
® relocation expenses, including the costs of consultants used therefore
® appraisals and appraisal services
a title opinions and updates
® document searches (judgment, name title, etc)
® closing, conveyance and recordation fees and taxes
® costs to maintain or remove and dispose of vacant property, and any improvements
thereon
® costs incurred for the relocation, reconstruction, adjustment, and/or removal of existing
private or public utility conduits or other structures located in or upon lands acquired
-3 - WL
Agreement No. PW 07-09-08
CSAH 81; C.P. 0118
and within present right of way when existing valid easements and/or permits provide
for reimbursement to the utility owner for the relocation, reconstruction, adjustment,
and/or removal of the existing utility taci i les
As previously mentioned, it is understood that cost participation by the City will be at the
same percentage used to acquire the property.
Damages, as used in this section, pertains to acquisition costs allowed by Minnesota
Statutes Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in
this Agreement.
0
The County, at its sole cost and expense, will conduct a Phase 1 Environmental Site
Assessment (ESA), which may include but not be limited to reviewing the existing and available
historical information pertaining to land use and conditions on all properties purchased by the
County under this Agreement. In the event a Phase II ESA is required on any parcel, it is hereby
understood and agreed that the County will assume the responsibility to have the Phase II ESA
completed. All costs incurred by the County for the completion of any required Phase II ESA,
including but not limited to sampling, analyzing and characterizing the subsurface conditions of
individual properties, the costs of Minnesota Pollution Control Agency fees for technical review
and issuance of liability assurance letters, as,.well as any subsequent environmental clean-up that
may be required shall be shared by the County and the City at the same proportionate cost split
used to acquire the property.
In the event the Phase II ESA identifies contamination within the new right of way for the
Project that must be abated, the County's staff will consult with the City's staff regarding the use
of consultants and contractors as may be necessary for the abatement of the roadway right of way
and obtaining the approval of the Minnesota Pollution Control Agency. Any clean up required
will be accomplished as part of the Project or under separate contracts administered by the
County as may be warranted by the nature of the cleanup activities and/or the impacts to the
schedule of the Project. The County will investigate and exhaust all available options for
payment of costs incurred related to any required Phase II ESA abatement of the new right of
way. This includes, but is not limited to, responsible parties and governmental agencies. The
City hereby agrees to reimburse the County at the same proportionate cost split used to acquire
the property of all costs incurred by the County for the completion of the aforereferenced
environmental work performed on properties associated with this Project for which the County
does not receive reimbursement from other sources.
-4-
Agreement No. PW 07-09-08
CSAH 81; C.P. 0118
0
The County will, as properties are acquired or other costs identifled herein are incurred,
prepare and submit to the City invoices with itemized statements documenting the actual
acquisition and other costs incurred by the County.
The City hereby agrees to remit to the County the net amount stated on the invoice within
forty-five (45) days after receipt of said invoice.
W1
All payments to the County must be postmarked by the date due or a late penalty of one (1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The
City shall pay the amount due as stated on the statement, notwithstanding any dispute of such
amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse
the disputed amount plus daily interest thereon calculated from the date such disputed amount
was received by the County. Daily interest shall be at the rate of one (1%) percent per month on
the disputed amount.
am
In some instances the total acquisition of properties will result in the creation of remnant
parcels of vacant land which are not required for the Project. The manner of disposition of any
such remnant parcels shall be in accordance with Minnesota State Statute Sections 373.01 and
465.035, and the following:
All proceeds from the sale of any remnant parcel created as a result of this Project shall be
shared with the respective city the parcel is located in and the County. Said proceeds shall be
shared at the same percentage used to acquire the original parcel.
It is the County's intention to combine remnant parcels whenever possible to maximize the
amount of developable property. It is understood that the County shall retain the proceeds from
the sale of said developable property because all parcels with redevelopment potential were
acquired for frontage road reconstruction purposes, and at no cost to the City.
It is agreed that the County Engineer and the City Engineer or its designated
representatives will agree to the manner by which any remnant parcel will be disposed, as well as
the price for which any remnant parcel will be sold prior to finalizing any such transactions. It is
further agreed that in the event a mutual agreement is not obtained regarding any specific parcel,
the County Engineer or his designated representative shall have the authority to make final
decisions on any such matters.
Agreement No, PW 07-09-08
CSAH 81; C.P. 0118
M
It is understood and agreed by the parties hereto that the City shall discontinue any and all
sanitary and storm sewer charges for those properties acquired by the County for the Project after
the County has shutoff and removed City utility meters from the said properties.
All records kept by the City and the County with respect to this Project shall be subject to
examination by the representatives of each party hereto.
0
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers and employees, from any liabilities, claims, causes of action, judgments,
damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or
indirectly from any act or omission of the City, its contractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof.
The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
The County agrees to defend, indemnify, and hold harmless the City, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or
indirectly from any act or omission of the County, its contractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof.
The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
The County and the City each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self-insurance program.
XII
It is further agreed that, any and all employees of the City and all other persons engaged by
the City in the performance of any work or services required or provided for herein to be
performed by the City shall not be considered employees of the County, and that any and all
claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic
Security Law on behalf of said employees while so engaged and any and all claims made by any
third parties as a consequence of any act or omission on the part of said employees while so
engaged on any of the work or services provided to be rendered herein shall in no way be the
obligation or responsibility of the County.
-6-�
Agreement No. PW 07-09-08
CSAR 81; C.P. 0118
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided or erein toe performed peter ormedbyy the
County shall not be considered employees of the City, and that any and all claims that may or
might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the City.
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or a designated
representative shall manage this Agreement on behalf of the County and serve as liaison between
the County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City Engineer or a designated representative
shall manage this Agreement on behalf of the City and serve as liaison between the City and the
County.
an
It is understood and agreed that the entire agreement between the parties regarding the
acquisition of right of way and easements for the Project is contained herein and that this
Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and
are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement.
XV
This Agreement may be cancelled prior to the completion of the objectives set forth herein
with the mutual consent of both parties via an amendment hereto. Cancellation may be considered
in the event the anticipated acquisition costs and/or environmental cleanup costs to be paid by the
parties increase substantially above those anticipated, or for any other reasons that may arise that
jeopardize the feasibility of the Project.
In the event this Agreement is cancelled, the .City agrees to reimburse the County all costs
previously incurred by the County in accordance with the provisions of this Agreement.
- 7 - \.NI`—,
Agreement No. PW 07-09-08
CSAH 81; C.P. 0118
MI
The provisions of Minnesota Statutes Section 181.59 and of any applicable local ordinance
relating to civil rights and discrimination and the Affirmative Action Policy statement of
Hennepin County shall be considered a part of this Agreement as though fully set forth herein.
The parties shall at all times abide by the Minnesota Government Data Practices Act,
Minn. Statue 1301, et seq., to the extent that the Act is applicable to data and documents in
possession of either parry.
The books, records, documents, and accounting procedures and practices of either party
relevant to this Agreement are subject to examination by either the Legislative Auditor or the
State Auditor for a period of six years after the effective date of this Agreement.
The matters set forth in the "whereas" clauses at the beginning of this Agreement are
incorporated into and made a part hereof by this reference.
(dais space left intentionally blank)
-8- 'W1 --
Agreement No. PW 07-09-08
CSAR 81; C.P. 0118
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
(Seal)
ATTEST:
CITY OF CRYSTAL,
By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
By:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
By:
Ais t County Attorney
Date: 0(�Irq_
By:
Assistant County Attorney
Date:
Bv:
Chair of its County Board
Date:
County Administrator
Date:
And:
Assistant County Administrator, Public Works
Date:
Bv:
Director, Transportation Department
and County Engineer
Date:
BOTTINEAU BOULEVARD (CSAR 81)
CP 0118
PRELIMINARY SUMMARY OF ESTIMATED ACQUISITION
COSTS
HENNEPIN COUNTY
Approximately 0 Parcels
COMMERCIAL
TOTAL ACQUISITIONS
50%
Approximately 0 Parcels
ACQUISITIONS FOR FRONTAGE ROAD IMPROVEMENTS / REALIGNMENT
$0
RESIDENTIAL PHASE 1
$5,337,750
Approximately 16 Parcels
RESIDENTIAL PHASE II
$1,433,850
Approximately 5 Parcels
COMMERCIAL
$7.036.779
Approximately 8 Parcels
TOTAL
$13,808,379 100%
$549.249
ACQUISITIONS FOR STORMWATER PONDING
Approximately 19 Parcels
TOTAL
RESIDENTIAL
$0
Approximately 0 Parcels
COMMERCIAL
$1.227.506
Approximately 1 Parcels
TOTAL
$1,227,506 75%
$68,579
ACQUISITIONS FOR ALL OTHER PURPOSES
RESIDENTIAL
$0
Approximately 0 Parcels
COMMERCIAL
$0
50%
Approximately 0 Parcels
TOTAL
$0
50%
PARTIAL ACQUISITIONS
RESIDENTIAL
$615,523
Approximately 28 Parcels
COMMERCIAL
$549.249
Approximately 19 Parcels
TOTAL
$1,164,772
50%
TEMPORARY EASEMENTS
CITY OF CRYSTAL TOTAL
$1,901,778
RESIDENTIAL
$68,579
Up to 69 Parcels
COMMERCIAL
$189,152
Up to 25 Parcels
TOTAL
$257,732
50%
Up to 1 Parcels
DRAINAGE AND UTILITY EASEMENTS
TOTAL $0
50%
RESIDENTIAL
$14,087
Approximately 6 Parcels
COMMERCIAL
$56,019
Approximately 3 Parcels
TOTAL
$70,107
50%
HENNEPIN COUNTY TOTAL
$16,528,495
CITY OF CRYSTAL
RESIDENTIAL $0
TOTAL ACQUISITIONS
TOTAL $0
50%
ACQUISITIONS FOR FRONTAGE ROAD IMPROVEMENTS / REALIGNMENT
RESIDENTIAL PHASE 1
$0
Approximately 16 Parcels
RESIDENTIAL PHASE II
$0
Approximately 5 Parcels
COMMERCIAL
$0
Approximately 8 Parcels
TOTAL
$0
0%
ACQUISITIONS FOR STORMWATER PONDING
RESIDENTIAL
$0
Approximately 0 Parcels
COMMERCIAL
$409.169
Approximately 1 Parcels
TOTAL
$409,169
25%
ACQUISITIONS FOR ALL OTHER PURPOSES
RESIDENTIAL
$0
Approximately 0 Parcels
COMMERCIAL
$0
50%
Approximately 0 Parcels
TOTAL
$0
PARTIAL ACQUISITIONS
RESIDENTIAL
$615,523
Approximately 28 Parcels
COMMERCIAL54$
9,249
Approximately 19 Parcels
TOTAL
$1,164,772
50%
TEMPORARY EASEMENTS
RESIDENTIAL $66,579
Up to 68 Parcels
COMMERCIAL $189.152
Up to 25 Parcels
TOTAL $257,732
50%
DRAINAGE AND UTILITY EASEMENTS
RESIDENTIAL $14,067
Approximately 6 Parcels
COMMERCIAL $56.019
Approximately 3 Parcels
TOTAL $70,107
50%
CITY OF CRYSTAL TOTAL
$1,901,778
CITY OF ROBBINSDALE
PARTIAL ACQUISITIONS
RESIDENTIAL $0
Up to 1 Parcels
TOTAL $0
50%
TEMPORARY EASEMENTS
RESIDENTIAL $0
Up to 1 Parcels
TOTAL $0
50%
DRAINAGE AND UTILITY EASEMENTS
RESIDENTIAL $0
Up to 1 Parcels
TOTAL $0
50%
CITY OF ROBBINSDALE TOTAL
$0
PROJECT TOTAL
$18,430,273
TOTAL ACQUISITION COST = ASSESSMENT RECORD VALUE x 1.75(1.65)
PERMANENT EASEMENT SQ. FT COST = (( THE SUM OF ALL (ASSESSMENT RECORD VALUE ))x 1.51
(THE SUM OF (ALL TOTAL PROPERTY AREA))
TEMPORARY EASEMENT SQ. FT COST = (PERMANENT EASEMENT SQ. FT. COST x 10% PER YEAR) x 2 YEARS
DRAINAGE AND UTILITY EASEMENT SQ. = (PERMANENT EASEMENT SQ. FT. COST / 2)
THIS ESTIMATE DOES NOT INCLUDE ANY RAILROAD PERMITTING COSTS.
THIS ESTIMATE DOES NOT INCLUDE COSTS FOR ACQUIRING EASEMENTS FROM THE RAILROAD.
THIS ESTIMATE DOES NOT INCLUDE COSTS FOR ACQUIRING EASEMENTS FROM THE CITY OF CRYSTAL
Prepared By SRF Consulting Group, Inc
2/27/2009/10:57 AM
h:E:\081_01181RW\City-County Cost Summary.xls
Hennepin County Agreement PW 07-09-08
Exhibit "A"; Sheet 1 of 12
Last Update 12112/2\00A8
Vl,.
CP - 0118 I2/W COST / TH 100 TO NORTH OF CSAH 10
TOTAL ACQUISITIONS
R/W LAYOUT .
HENNEPIN COUNTY
PARCEL
NUMBER
EL ID NUMBEK
ncn ORITInNR FnR FRONTAGE ROAD IMPROVEMENTS / REALIGNMENT
$5,337,750 $0
County City of Crystal
$1,433,850 $0
County City of Crystal
$7,036,779 $0
County City of Crystal
$1,227,506 $409,169
County City of Crystal
$0 $0
County City of Crystal
Total Acquisition Total $15,035,885 $409,169
County City of Crystal
NOTE: PARCELS IDENTIFIED AS TOTAL ACQUISITIONS DUE TO FRONTAGE ROAD
RECONSTRUCTION ARE 100% COUNTY. IN THE EVENT THAT ANY OF THESE PARCELS
BECOME PARTIAL ACQUISITIONS (WITH THE PROPERTY OWNERS RETAINING
OWNERSHIP OF THE REMNANT PARCEL) THE COUNTY WILL STILL BE RESPONSIBLE FOR
100% OS THE COST OF THE ACQUISITION.
Prepared By SRF Consulting Group, Inc
3/2/2009/8:23 AM
h:H:\Projects\5962\HI-MU\EXCEL\Estimate\Prop Values CP-0118.xis Last Update 03/02/2009
Hennepin County Agreement PW 07-09-08
Exhibit "A"; Sheet 2 of 12
�I�
Residential
_
Phase 1
4
09-118-21-42-0071
5
09-118-21-42-0069
7
09-11B-21-42-0130
10
09-116-21-42-0052
13
09-118-21-42-0131
15
09-118-21-42-0074
19
09-118-21-13-0103
108
09-118-21-13-0025
109
09-118-21-13-0026
110
09-118-21-13-0027
124
09-118-21-42-0030
125
09-118-21-42-0031
127
09-118-21-42-0070
128
09-118-21-42-0003
129
09-118-21-42-0004
130
09-118-21-42-0005
Subtotal
Phase it
52
04-118-21-32-0012
55
04-118-21-32-0098
74
04-118-21-32-0090
75
04-118-21-32-0089
76
04-118-21-32-0088
Subtotal
Commercial
27
09-118-21-24-0004
36
04-118-21-33-0010
37
04-118-21-33-0009
47
04-118-21-32-0024
56
04-118-21-32-0011
57
04-118-21-32-0013
61
04-118-21-32-0015
70
04-118-21-32-0109
Subtotal
$5,337,750 $0
County City of Crystal
$1,433,850 $0
County City of Crystal
$7,036,779 $0
County City of Crystal
$1,227,506 $409,169
County City of Crystal
$0 $0
County City of Crystal
Total Acquisition Total $15,035,885 $409,169
County City of Crystal
NOTE: PARCELS IDENTIFIED AS TOTAL ACQUISITIONS DUE TO FRONTAGE ROAD
RECONSTRUCTION ARE 100% COUNTY. IN THE EVENT THAT ANY OF THESE PARCELS
BECOME PARTIAL ACQUISITIONS (WITH THE PROPERTY OWNERS RETAINING
OWNERSHIP OF THE REMNANT PARCEL) THE COUNTY WILL STILL BE RESPONSIBLE FOR
100% OS THE COST OF THE ACQUISITION.
Prepared By SRF Consulting Group, Inc
3/2/2009/8:23 AM
h:H:\Projects\5962\HI-MU\EXCEL\Estimate\Prop Values CP-0118.xis Last Update 03/02/2009
Hennepin County Agreement PW 07-09-08
Exhibit "A"; Sheet 2 of 12
�I�
CP - 0118 RMI COST / TH 100 TO NORTH OF CSAH 10
PARTIAL ACQUISITIONS /
TEMPORARY EASEMENTS
RM LAYOUT
-RENNEPIN=UNTY-
PARCEL
PARCEL ID NUMBER
NUMBER
09-11B-21-42-0065
CITY OF CRYSTAL
- " --- -
Residential
2
09-118-21412-0002
3
09-118-21-42-0001
6
09-11B-21-42-0065
8
09-118-2142-0061
9
09-11B-21-42-0060
16
09-118-2142-0075
17
09-11B-21412-0076
18
09-118-21-13-0093
20
09-118-21-13-0104
21
09-118-21-13-0066
22
09-118-21-24-OD28
23
09-118-21-24-0063
24
09-118-21-24-0063
25
09-118-21-24-0007
45
04-118-21-32-0043
46
04-118-21-32-0002
49
04-118-21-32-0101
50
04-118-21-32-0006
51
04-118-21-32-0009
53
04-118-21-32-0010
62
04-118-21-32-0099
63
04-118-21-32-OD26
64
04-118-21-32-0014
65
04-11B-21-32-0057
66
04-118-21-32-0055
67
04-11B-21-32-OD55
68
04-118-21-32-0054
72
04-118-21-32-0048
73
04-118-21-32-0091
77
04-118-21-32-0087
78
04-118-21-34-0104
79
04-118-21-34-0105
80
04-11B-21-34-0052
81
04-118-21-33-0026
103
09-118-21-13-0064
104
09-118-21-13-0061
107
09-11B-21-13-0065
112
09-118-21-13-OOB7
113
09-116-21-13-0086
114
09-118-21-13-0095
116
09-11B-21-42-0073
117
09-11B-21-02-0091
118
09-118-21-42-0100
122
09-118-21-02-0059
123
09-118-21412-0057
13109
-11B -21A1-0001
132
09-118-21.41-0002
Subtotal
PARTIAL ACQUISITIONS /
TEMPORARY EASEMENTS
PARCELI PARCEL ID NUMBER
NUMBER
$698,1 B9 $696,189
County City of Crystal
Prepared By SRF Consulting Group, Inc
3/2/2009/8:23 AM
h:H:\Projects\5962\HI-MU\EXCEL\Estimate\Prop Values CP-01IB.Xls
$0 $0
County City of Robbinsdale
Last Update 03/02/2009
Hennepin County Agreement PW 07-09-08
Exhibit "A"; Sheet 3 of 12
�t�
CP - 0118 RNV COST / TH 100 TO NORTH OF CSAH 10
PARTIAL ACQUISITIONS
TEMPORARY EASEMENTS
R/W-LAXDU-T
—HENNMN COUNTY
PARCEL
PARCEL ID NUMBER
NUMBER
CITY OF ROBBINSDALE
W $794,420
ty City of Crystal
Partial Acquisitions / Temporary Easement Total $1,492,610
County
Prepared By SRF Consulting Group, Inc
3/2/2009/8:23 AM
h:H:\Projects\5962\HI-MU\EXCEL\Estimate\Prop Values CP -011 B.xls
$1,492,610
City of Crystal
Last Update 03/02/2009
Hennepin County Agreement PW 07-09-0
Exhibit "A"; Sheet 4 of 12
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