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2009.09.15 Council Meeting PacketMEETING SCHEDULE a) 6:00 — 6:30 p.m. b) Citizen Input Time in Conference Room A 6:30 — 6:65 p.m. I't Council Work Session in Conference Room A to meet with Aldo Sicoli, Superintendent — ISD 281 C) 7:00 p.m. EE e) After the Council Meeting After the EDA Work Session Regular City Council Meeting in the Council Chambers EDA Work Session in Conference Room A 2"d Council Work Session in Conference Room A to discuss: ® Phases 1 — 3 of Street Reconstruction projects and 36th Ave with possible financing by the Street Maintenance Fund ® Gateway monument design options CRYSTAL CITY COUNCIL FIRST WORK SESSION WORKING AGENDA Tuesday, September 15, 2009 6:30 -'6:55 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the First Work Session of the Crystal City Council was held at _ p.m. on Tuesday, September 15, 2009 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. 1. Attendance Council members Staff Hoffmann Norris Selton Therres L. Moore Banick Anderson Bowman Grimes J. Moore Other: 11. Agenda The purpose of the work session is to meet with Robbinsdale Area School District Superintendent Aldo Sicoli Ill. Adjournment The Work Session adjourned at _ p.m. GACity ClerMounciftWork sessions\firstwsagenda9-15-09.doe TO: Mayor and City Council FROM: Anne Norris, City Manager dk�` SUBJECT: Introduction of Superintendent Aldo Sicoli Aldo Sicoli, the new superintendent for ISD 281, will be at the September 15 work session to share his vision for the school district and the relationship between the district and cities in the district. Crystal has a long history of partnering with the district through the DARE program, school liaison/resource officers, Crystal's purchase of the Thorson property, the reconstruction of Forest School and the use of Cavanagh School for the Highview program. Mr. Sicoli is continuing the Government Advisory Council that meets at 7:30 a.m., usually the first Tuesday of each month, throughout the school year. Each community in the district usually sends at least one representative. Both Mayor Bowman and I attend these meetings. This is intended as an opportunity for Mr. Sicoli and the Crystal Council to discuss issues of mutual interest. THE CITY MANAGER'S COMMENTS ARE IN BOLD. Crystal City Council Preliminary Agenda & Meeting Schedule Tuesday, September 15, 2009 7:00 P.M. Council Chambers I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 11. ACKNOWLEDGEMENT a. $500 Grant from the Target Corporation to the Police Department Citizen on Patrol Program Ill. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings: a. The Regular City Council Meeting from September 1, 2009; and b. The Council Work Session from September 1; IV. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: 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; and 3. Approval of a special permit for wine and beer for a party at Twin Oak Park on September 12, 2009 submitted by Crystal Lions Club (pre -approved by city manager). V. PUBLIC HEARING 1. The Mayor will open a public hearing to receive public comment for Council consideration on water shut offs for noncompliance with the water meter conversion project. Those properties where staff or the city's contractor has been unable to gain access for meter replacement have been notified the water will be shut off. Prior to this action, these property owners have the opportunity to appear before the Council. At this time, staff is not aware of any owners who will be appearing at the September 15 hearing. Crystal City Council Meeting Agenda September 15, 2009 VI. OPEN FORUM (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) V11. REGULAR AGENDA 1. The Council will receive a presentation by Hennepin County on the Bottineau Boulevard Transit Way Study. A representative of Hennepin County staff will provide an overview of the Bottineau Boulevard Transit Way Study. No action is needed at this time. 2. The Council will acknowledge a Verification Report relating to the Petition to force a public vote on a $2,600,000 property tax levy to fund bonds to be purchased by Hennepin County to fund the County Road 81 Project. As you know, a petition was received regarding the proposed funding arrangement with Hennepin County for a portion of Crystal's share of the County Road 81 project. After much review, staff and the attorney have determined the petition does not meet the requirement of 5% voter signatures from the last municipal election. The Council should acknowledge the report outlining these findings. 3. The Council will consider a resolution awarding the sale of a $1,204,778 General ,Obligation Street Reconstruction Bond, Series 2009-13; fixing it form and specifications; directing its issuance and delivery; and providing for payment. As discussed at several work sessions and the August 3 public hearing, a portion of Crystal's share of the County Road 81 project will be financed with an interest free loan from Hennepin County. In order for the payment schedule to be met as originally outlined and agreed to, the Council needs to approve this resolution for the first portion of the loan. 4. The Council will consider a resolution ordering a public hearing on Crystal Water Supply, Emergency, and Conservation Plan. As discussed at its last work session, the Water Supply, Emergency and Conservation Plan is complete and the next step is a public hearing on the Plan. Recommend approval of the resolution setting the public hearing for October 20. Page 2 of 4 Crystal City Council Meeting Agenda September 15, 2009 Re,gularA.genda continued 5. The Council will consider a resolution ordering a public hearing for the 2009 Alley and Driveway Special Assessment Project. A public hearing on this year's alley and driveway assessments is needed. Recommend approval of the resolution setting this public hearing for October 20. 6. The Council will consider a resolution relating to Personnel -Administration; amending City Code Appendix V. Several provisions in Crystal's Personnel Policy need updating or minor corrections. The significant changes and updates are revising the tuition reimbursement policy so that the amount a participating employee may receive is capped each calendar year and additional language regarding the Family Medical Leave Act to cover military pemonnel and related situations. Recommend approval of the resolution making these changes. 7. The Council will consider the Second Reading of an ordinance amending Section 211.01; council salaries. During the budget work session discussions, the Council determined it would freeze its 2010 salaries at 2009 levels. Recommend approval of the second reading of the ordinance making this adjustment. VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) The Crystal Business Association meets at 8:30 a.m., Wednesday, September 16, at Calibre Chase apartments. b) The next City Council Meeting is at 7:00 p.m. on Tuesday, October 6 in the Council Chambers at City Hall. IX. ADJOURNMENT Have a great weekend; see you Tuesday! Page 3 of 4 Crystal City Council Meeting Agenda September 15, 2009 X. MEETING SCHEDULE ON TUESDAY SEPTEMBER 15 2009 miumasulum Citizen Input Time in Conference Room A b) 6:30 — 6:55 p.m. 15t Council Work Session in Conference Room A to meet with Aldo Sicoli, Superintendent — ISD 281 c) 7:00 p.m. Regular City Council Meeting in the Council Chambers d) After the Council Meeting EDA Work Session in Conference Room A e) After the EDA Work Session 2nd Council Work Session in Conference Room A to discuss: ® Phases 1 — 3 of Street Reconstruction projects and 36th Ave with possible financing by the Street Maintenance Fund ® Gateway monument design options Page 4 of 4 CRYSTAL POLICE, DEPAICTM, VjN IT "Service with Compassion and Integrity" TO: Anne Norris, City Manager FROM: John Banick, Chief of Police I & DATE: September 2, 2009 SUBJECT: ACKNOWLEDGEMENT OF GRANT Please inform the Mayor and City Council that the Police Department has received a $500.00 grant fi-om the Target Corporation. This grant was made to support the implementation of a Citizen on Patrol Program. Thank you. Crystal City Council Meeting minutes September 1, 2009 1862 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, September 1, 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. ROLL CALL Mayor Bowman asked the secretary to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: Upon roll call, the city clerk recorded the following attendance: COUNCIL: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman STAFF: City Manager A. Norris, City Attorney M. Norton, Deputy Police Chief S. Fealy, Finance Director C. Hansen, Public Works Director/City Engineer T. Mathisen, Assistant City Manager/HR Manager K. Therres, Utilities Superintendent R. Kloepper, and City Clerk J. Lewis. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. 11. PROCLAMATION The Mayor proclaimed Monday, September 28, 2009 as Family Day, a day to eat dinner with your family in the City of Crystal. Ill. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings: a. The Regular City Council Meeting from August 18, 2009; b. Two Council Work Sessions from August 18, 2009; and c. The Budget Work Session from August 20, 2009. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the minutes of the following Council Meetings: a. The Regular City Council Meeting from August 18, 2009; b. Two Council Work Sessions from August 18, 2009; and c. The Budget Work Session from August 20, 2009. Motion carried. 1862 Crystal City Council Meeting minutes September 1, 2009 1863 IV. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 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 for a private party at Iron Horse Park on August 22, 2009 submitted by Kathleen Bungert (pre - approved by city manager); 4. Approval of a special permit for wine and beer for a wedding at Bassett Creek Park on September 26, 2009 submitted by Jody and Jeff Eyrich; 5. Approval of a liquor license extension to an outdoor area at 5222 — 56th Ave N for an fundraising event on Saturday, September 26, 2009 submitted by the VFW Post 494; 6. Adoption of Resolution 2009-66 approving the firm of Kern, DeWenter, and Viere for Auditing Services for the year 2009; and 7. Adoption of Resolution 2009-67 amending the 2009 Fee Schedule — exclusive of the Utility Billing Section. Moved by Council Member Grimes and seconded by Council Member L. Moore to approve the consent agenda. Motion carried. 1. The Mayor opened a public hearing and the Council considered an on -sale, 3.2 liquor license at 5736 Lakeland Ave N submitted by African Food Processing Inc d/b/a African Food Market & Deli. City Clerk Janet Lewis presented to the Council and answered questions. The Mayor opened the public hearing for testimony. The following person addressed the Council: ® Mr. Henry Addy (applicant) 5736 Lakeland 1863 Crystal City Council Meeting minutes September 1, 2009 1864 V. PUBLIC HEARING CONTINUED There being no one else wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. Moved by Council Member Hoffmann and seconded by Council Member Grimes to deny the on -sale 3.2 liquor license, based on the findings of fact in the staff report, at 5736 Lakeland Ave N submitted by African Food Processing Inc. d/b/a African Food Market/deli. Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried. V1. OPEN FORUM No public comment was given during open forum. Moved by Council Member Hoffmann and seconded by Council Member Grimes to amend the Regular Agenda to consider the cancellation of the September 10, 2009 Council Work Session. Motion carried. The Council considered the appointment of MyLy McBride to the Human Rights Commission for a partial term expiring December 31, 2009. Ms. McBride addressed the Council. Moved by Mayor Bowman and seconded by Council Member Anderson to appoint MyLy McBride to the Human Rights Commission for a partial term expiring December 31, 2009. Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried. WC-01,U-2007.m.M "9.d. 1864 Crystal City Council Meeting minutes September 1, 2009 1865 2. The Council considered a resolution accepting the Feasibility Study for Winnetka Avenue and ordering a public hearing for Project #2009-26. Public Works Director T. Mathisen addressed the Council. Moved by Mayor Bowman and seconded by Council Member L. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: ACCEPTING THE FEASIBILITY STUDY FOR WINNETKA AVENUE AND ORDERING A PUBLIC HEARING FOR PROJECT #2009-26 Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried, resolution declared adopted. 3. The Council considered a resolution adopting a proposed 2010 Budget and proposed Tax Levies payable in 2010. Finance Director C. Hansen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 69 ADOPTING A PROPOSED 2010 BUDGET AND PROPOSED TAX LEVIES PAYABLE IN 2010 Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried, resolution declared adopted. Q.XC ... 1865 Crystal City Council Meeting minutes September 1, 2009 1866 VII. REGULAR AGENDA CONTINUED 4. The Council considered amending its regular meeting schedule; changing the meeting date from Monday, November 30 to Tuesday, December 1, 2009 and setting discussion and adoption of the Final 2010 Budget and Tax Levy for Tuesday, December 15, 2009. Finance Director C. Hansen addressed the Council. Moved by Mayor Bowman and seconded by Council Member Grimes to change its Regular Meeting Schedule; a) setting the date for the Truth -in - Taxation Hearing on December 1, 2009 and b) setting the date for the adoption of the final 2010 Budget and Tax Levy for December 15, 2009. Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried. 5. The Council considered the First Reading of an ordinance amending Section 211.01; council salaries. City Manager A. Norris addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Anderson to adopt the following ordinance: ORDINANCE NO. 2009 - AN ORDINANCE AMENDING CITY CODE SECTION 211.01; COUNCIL SALARIES And further, that the second reading be held on September 15, 2009. Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried. 6. The Council considered the cancelation of its September 10 Work Session. Moved by Mayor Bowman and seconded by Council Member Grimes to cancel its September 10, 2009 Work Session. Voting aye: Hoffmann, L. Moore, J. Moore, Anderson, Grimes, Selton, and Bowman. Motion carried. 1866 Crystal City Council Meeting minutes September 1, 2009 1867 VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a. City Offices will be closed on Monday, September 7 for the Labor Day Holiday. b. The next Citizen Input Time is Tuesday, September 15 from 6:00 — 6:30 p.m. in Conference Room A at City Hall. c. The next City Council Meeting is at 7:00 p.m. on Tuesday, September 15 in the Council Chambers at City Hall. d. The Crystal Business Association meets at 8:30 a.m. on Wednesday, September 16 at Calibre Chase Apartments (6315 — 55t' Ave N). IX. ADJOURNMENT Moved by Council Member J. Moore and seconded by Council Member Selton to adjourn the meeting. Motion carried. The meeting adjourned at 8:08 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 1867 Crystal City Council Work Session minutes September 1, 2009 1868 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 8:19 p.m. on Tuesday, September 1, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Hoffmann, Selton, L. Moore Anderson, Bowman, Grimes, and J. Moore STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K Therres, PW Director/City Engineer T. Mathisen, Police Chief J. Banick, Utilities Superintendent R. Kloepper, and City Clerk J. Lewis. 11. AGENDA The Council and staff discussed the following agenda items: ® Water Supply, Emergency and Conservation Plans ® Water Meter Replacement Updates Ill. ADJOURNMENT The work session adjourned at 9:27 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\CouneilkMinutes2009\min9.1.09wsafter.doc -1846- CONSENT AGENDA #1. APPLICATIONS FOR CITE' LICENSE September 15, 2009 GASINSTALLER Edina heating & Cooling 15753 Cedar Ridge Rd Eden Prairie, MN 55347 PLUMBER C - Hanson Plumbing 7651 Milo Ln N Forest Lake, MN 55025 Legend Services 160 Meadow Dr Loretto, MN 55357 Riverside Plumbing 3601 85th Ave N Ste K Brooklyn Park, MN 55443 Sunrise Plumbing 11092 61St Street NE Albertville, MN 55301 REFUSE HAULER Allied Waste 8661 Rendova St Circle Pines, MN 55014 Aspen Waste 2951 Weeks Ave SE Mpls, MN 55414 Darling International 9000 382"d Ave Blue Earth, MN 56013 Farmers Union Ind P O Box 26 Redwood Falls, MN 56283 Garbage Man 401 1 lth Ave S Hopkins, MN 55343 M P Hall 3119 150' Ln NW Andover, MN 55304 Randy's Sanitation P O Box 169 Delano, MN 55328 Sanimax Inc 505 Hardman Ave So. St Paul, MMN 55075 Walter Recycling PO Box 67 Circle Pines, MN 55014 Waste Mgmt of MN 10050 Naples St NE Blaine, MN 55449 RENTAL — NEW 4523 Colorado Ave N — CFCB Holdings LLC 4059 Douglas Dr N — David Penn (Conditional) 3400 Quail Ave N — Daley Properties MN LLC 4925 56th PI N — Siarhei Shvedziuk (Conditional) RENTAL — RENEWAL, 4608 Brunswick Ave N — Judy Trujillo (Conditional) 4553 Colorado Ave N — Heinz and Maria Hippauf (Conditional) 3349 Edgewood Ave N — Estate of Patricia Allen (Conditional) 5150 Florida Ave N — Gina Kilgore (Conditional) 5717 Hampshire Ave N — RobertBretta Moore (Conditional) 3156 Idaho Ave N — John and Lucille Furlong (Conditional) 5236 Kentucky Ave N — Karen Werner (Conditional) 5748 Maryland Ave N — Park L Wong (Conditional) 4516 Nevada Ave N — Eileen Hegge (Conditional) 3400 Perry Ave N — Tamra Emerson/Greg Soule (Conditional) 7109 Valley PI N — Park L Wong 3633 Vera Cruz Ave N — James Truax (Conditional) RENTAL — RENEWAL continued 4825 Vera Cruz Ave N — Mar -Don Investments, Inc (Conditional) 4733 Welcome Ave N — Todd Shaw (Conditional) 5023 Welcome Ave N — Michael and Sue Broughton (Conditional) 3109 Winnetka Ave N — Casey and Kara Rozowski (Conditional) 5533 Xenia Ave N — Corey Colestock (Conditional) 3815 Yates Ave N — A Sickman/Thomas Masog (Conditional) 3 832 Yates Ave N — Cindy Brausen (Conditional) 5714 Yates Ave N — Brian and Jenny Leonard (Conditional) 570057 th Ave N — Gerald Ziemiecld (Conditional) DATE: September 9, 2009 CONSENT AGENDA #2 C��C�'CRYSTAL TO: Anne Norris, City Manager City of Crystal City Council �^� FROM: Charlie Hansen, Finance Director l RE: Expenditures over $15,000 Payee Description Amount IRS Social Security/Medicare - Federal Tax W/H P/R 08/21/09 52,136.88 PERA PERA FIR 09/04/09 Employee/City Contributions 37,948.82 Golden Valley JWC July Water Costs 182,199.25 HD Supply Waterworks, Ltd. Fixed radio water meter system 475,099.41 Health Partners, Inc. September Premiums 80,958.72 SEH, Inc. Phase 10 - July 2009 street reconstruction services 51,841.23 Logis July Support 16,637.17 West Metro Fire -Rescue District September Fire Budget Allocation 78,067.98 GAMarjUwTh.ks wa 15,000As CONSENT AGENDA #3 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 Application for Special Permit For: Use, Consumption, and Display of Wine and Beer in a Crystal Park or Related Facility in the Park Applicant: C-� Lt1-/J-I - Home Phone: 6 / �-*_)/ 0 -1 600' Address: s 4 0 T- q q �- B \" C \N) Cell Phone: 6 1 'z- 216 - /� b D Liability Requirements Are you a Business Partnership, Club, Corporation or Non -Profit Association? V/Yes. You are required to attach a certificate of insurance showing current liability insurance naming the City of Crystal as an additional insured and date of event. No. You are required to attach a certificate of homeowner's insurance that corresponds to the person signing this application. The certificate must contain a special event endorsement with the date of this event and must name the City of Crystal as additional insured. Security Requirement (for Community Center reservations only) Applicants renting a room at the Crystal Community Center (CCC) must hire one police officer per every 100 guests. Officers must be present from the time that you begin serving alcohol to the end of your event. You may contact the Crystal Police Department at (763) 631- 1033 to arrange for this security requirement. Number of police officers needed: Social Host Ordinance V/ I have received and read the Social Host Ordinance of the City of Crystal. Name and Address of park or city building where event will be held: S' ?-() r§' I, /' 7C Purpose of social event or nature of activity proposed: �_Jd464 O'd Qd_/-n'P' j Date of Activity: Maximum Number of Persons Expected to Attend: 3o Hours of Use (not to exceed 12 hours): From: a.m.to a. p.m. Application for Special Permit For: Use, Consumption, and Display of Wine and Beer in a Crystal Park or Related Facility Page 2 of 3 Liability The applicant waives any and all claims of any nature against the City and its officers, employees, and agents arising out of the permitted activity. If applicant is a business partnership, club, corporation, or non-profit association, this application must be accompanied by a certificate of insurance showing current liability insurance naming the City as an additional insured party under the insurance policy. Please Read and Sign (Crystal City Code, Subsection 815.13) Subd. 6. Application. The application for a special permit is prepared by the city clerk. The application must specify the purpose of the social event, the nature of the activity proposed, the hours during which it is to be conducted, the maximum number of persons expected to attend, and such other information as the clerk reasonably requests. The application must be accompanied by an insurance certificate, a bond or other undertaking in form and substance satisfactory to the city manager and city attorney, holding the city and its officers, employees, and agents from liability of any kind arising out of the permitted activity. If the applicant is a business partnership, club, corporation or non-profit association the application must be accompanied by a certificate of insurance showing current liability insurance naming the city as an additional insured party under the insurance policy. Subd. 8. Special Condition. The use, consumption and display and presence of liquor and beer in parks and related park facilities is a matter of special concern to the City as such activity relates to the peace and good order of the City. For that reason the issuance of a special permit under this subsection is determined to be a matter within the sole discretion of the City Council, and its determination to issue or not to issue a special permit is final. The Council may impose additional conditions in the granting of a special permit. I acknowledge that the Liability Clause, Application, and Special Conditions have been read and are understood by me and that I agree not to challenge or in any way contest the determination of the City Council with regard to the issuance of this special permit. I acknowledge that I am responsible to hire police officer(s) for my event at the CCC at my own expense. Applicant's/11 -1 -O-T 4,11 signature Z Date Sep, 1. 2009 3:28PM N o . 9 5 3 8 P- 2 AMDDATE „, E TIFF TE OF-LIABILI INSURANCE INSR PRODUCER (952),903-2300 )^'AS: (952) 905-2595 Hendrickson Agency, Inc. 8009 34th Ave South suite 1455 Bloomington MN 55425 THIS CI=RnFICATE IS ISSUED AS A MATTSR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE MAIC # INSURED Lions Clubs of Minnesota C/O GRD Risk Managers 250 Prairie Center Drive, #200 Rden Prairie MN 55344 INSURERATISG Insurance Services, INSURER B: INSURER C: 1 INSURER D: 1INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. kTE LIMITSEHOWN MAY HAVE BEE 4 REDUCED BY PAID CLAIMS, INSR ADD'L OF INSURANCE POLICY NUMBER PpLICY EPPECnVE DATE MM/DD POLICY EXPIRATION DATE MMID LIMITS IN$UR ITS AGENTS OR REPRESENTATIVES. GENERAL LIABILITY T xen4:rickaon/J0At*M EACH OC URRE C PREMG ES E�cc ErrL. $ COMMERCIAL. GENERAL LIABILITY MED FXP (ft one emon $ CLAIMS MADE 0 OCCUR PERSONAL& ADV INJURY S GEN L GGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PROQUOTS _ COMP/OP A $ I Y PRO- C AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (E8 accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) BODILY INJURY $ (Per awidenl) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (PerooddBnQ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHERTHAN EA AC ANY AUTO AUTO ONLY: AGG S EXCESSLUMBRELLA LIABILITY _ AGGREGATE $ OCCUR F-1 CLAIMS MADE $ DEDUCTIBLE S ETENTION WORKERS COMPENSATION AND TA O R E.L. EACH ACCIDENT EMPLOYERS' LIABILITY ANY PROPRIF-TQR/PARTNER/EXECVTIVE _$ E.L. DISEASE _ EA EMPLOYE OPPICER/MEMBER EXCLUDED? ”' 2d6scriba under A OTHER Liquor Liability SE80000A 6/30/2009 6/30/2010 Each occurrence $1,000,000 Aggregate $2,000,000 DE 6mi- ION OF OPERATIbNB/LocAT10NS VEMOLE61EXCLUSIONS ADDED BY ENDORsEMENT/9PEoIAL PROVISIONS Member Club: Crystal Lions Club Certificate solder is included as Additional insured as respects event to be held in Tarin Oak Park 5116 Wilshire Blvd. Crystal, MN on 9/12/2009 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) INS026 (0108).088 9 ACORD CORPORATION 1988 Paas 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Crystal EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4141 Douglas Drive No 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Crystal, MN 55422 FAILURE TO DO SO SHALL IMPOSE NO OOLIGAMON OR LIABILITY OF ANY IUND UPON THE IN$UR ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Z r, T xen4:rickaon/J0At*M ACORD 25 (2001108) INS026 (0108).088 9 ACORD CORPORATION 1988 Paas 1 of 2 Sep, 1. 2009 3 28P 763-531-1188 CITY OF CRYSTAL No.9538 P. 3PAGE 04/04 Applicatlbn for Special Permit For. Use, Cons=Ption:, and Disp1gy of VVine & Beer in a Crystal Park or Related Facility Page 3 of 3 Additional Insured - Special Event Endorswnent for homeowners only (Completed by Instil tance curnpany Representative) Insurance Company" AUX-- Policy Number: Name Insured: Name of Additional l City of C sial 414 riveHort tjl h, :g$,MN.5542 Insured' _1, Doug IasD nate of Event q 'Q Y-^ — Paz Location of Event: Coverage Limit Liability: I Coverage period begins and ends at 12,01 A, M Standard Time'at the above designated location. r--ffadtive Date- �--90-49-af -Expiration Date: Other information pertinent to this speolal endorsement: /8 authorized repr� ritative '464ture of aut &.3 Phone number of authorized representative Date COUNCIL STAFF REPORT CUY --1 Water Shut Off Public Hearing !�PYSTAL CRL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for September 15 Council Meeting) MEE= RE: Shut Offs Associated with Meter Replacement Project A letter was sent to the next batch of 86 properties as part of the final effort to gain compliance with the sump pump inspection and water meter replacement project. These properties have not complied with the requirements of the applicable City codes. 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, no owner has expressed a desire to appear at the hearing, and the deadline to notify the City regarding a desire to attend the hearing has passed. The Council should open the hearing at the start of the Council meeting on September 15, and then consider appropriate action. 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. This same process was conducted in June and July, and while a number of 24- hour notices were delivered, no services were turned off because the property owners set up and completed appointments for the meter install and the sump pump inspection. Respectfully pul:Anit;pd, Tom'Mathisen City Engineer / DPW Upubworks/Meter Replacement Project/meterreplcmem8 9-11-09 REGULAR AGENDA #1 CKTYF-r [CBWSTAL TO: Mayor and City Council FROM: Patrick A. Peters, Community Development Direct000 SUBJECT: Bottineau Boulevard Transitway Alternatives Analys'Is Study The attached material was presented at the September 10 meeing of the Bottineau Boulevard Partnership to communicate the results of the alternatives evaluation that has been underway for over a year. Hennepin County staff will make a brief presentation at the September 15 Council meeting on this material and to promote a series of open houses to receive public comment on the findings. 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Vt h (} cµy ev,�uu•{,� U' 'p Ld v , T cm i { { { �._ n :� { REGULAR AGENDA #2 COUNCIL STAFF REPORT i) 11, FOW Regular Agenda: Acknowledge Petition Verification Report (CRYSTAL S r FROM: Janet Lewis, City Clerk 9`1 DATE: September 11, 2009 TO: Crystal City Council City Manager Anne Norris C: City Attorney Mike Norton SUBJECT: Verification Report of the "Petition" to force a public vote On September 1, 2009, a petition was dropped off at City Hall titled, "Petition to force a r)ublic vote on a $2.600.000 r)ror)ertv tax levv to fund bonds to be purchased by Hennepin County to fund the County Road 81 Project" (the "Petition"). An additional page of the Petition was dropped off at City Hall on September 2, 2009. On September 3, 2009, a Petition Report was submitted to the City Council as this is required by Chapter 5 of the City Charter. The report determined if the Petition was compliant with City Charter and subsequently if Council action is needed. At that time, it was reported that no Council action was needed. Since then, the City Attorney and I have determined that the Petition should be verified under Minn. Stat. 425.58 (Obligations, Elections to determine issue) and Minn. Rules 8205 (Petitions) after consulting with Bond Counsel on these matters. The basis for this report is to provide the City Council with the required verification of the Petition according to Minn. Rule 8205.1050. As the filing officer, I must inspect and verify the following on the Petition in an unbiased and impartial manner: 1. Does the Petition meet the form requirements in 8205.1010? 2. Has the Petition been signed by the required number of qualified signatories? 3. Do the signatories meet the applicable eligibility requirements? IACITY LOGMTemplates\Council Staff Report Form Lewls.doc Verify is defined as confirming or proving the accuracy of the information (Merriam -Webster Dictionary). Therefore, as the filing officer, I must confirm the accuracy of the information as presented on the Petition and not make assumptions or guesses. I have interpreted the term "Applicable Eligibility Requirements" as those defined by the requirements of the MN Secretary of State and MN Election Law. Meaning, an eligible voter is at least 18 years of age, a U.S citizen, a person who maintains residence at the address listed in Crystal, not under court-ordered guardianship, and not a felon whose civil rights have not been restored. An eligible voter meets the requirements listed above but has not registered as a voter. A registered voter meets the requirements above but has also completed a voter registration application and provided a state -approved ID as verification of these facts. The application contains an oath affirming the information within the application is true and gives notice that the penalty for giving false information is a felony. Summary of the Petition Verification Report 1. Does the Petition meet the form requirements in 8205.1010? No. The Petition is clearly deficient in form. Some of the form requirements that are essential to the verification process are; a printed first, middle, and last name and year of birth. 2. Has the Petition been signed by the required number of qualified signatories? No. The Petition needed to be signed by 5% of the votes cast by registered voters at the last municipal election (10,369). Therefore, the Petition needed at least 519 qualified signatories to force a public vote on the County Road 81 bonds and tax levy. I have verified that the Petition was signed by only 387 qualified signatories. 3. Do the signatories meet the applicable eligibility requirements? I am able to verify that 387 signatories meet the applicable eligibility requirements. I am not able to verify if 247 signatories meet the applicable eligibility requirements. Because the Petition lacked required critical information, the State Voter Registration System (SVRS) was used as a tool to assist in the verification process to confirm the qualifications of the readable signatories. IACITY LOGO\Templates\Council Staff Report Form Lewis.doc Signatories could not be verified for these reasons: ® Unreadable, illegible signatures ® problematic signatures that were difficult to read and confirm who was actually signing the Petition ® Missing first or last names ® Missing addresses • Signatories that had two readable signatures on only one line and clearly signed by one person were only counted as one signatory if the name could be verified as a registered voter in the SVRS. Council Action Requested Acknowledge the Petition Verification Report as presented Attachments: ® Exhibit A: Petition Verification Report ® Exhibit B: Minn. Rules 8205.1050 and 8205.1010 ® Exhibit C; Minn. Stat. 475.58 ® Exhibit D: Resolution 2009-58 ® Exhibit E: Minn. Voter Registration Application ® Exhibit F: Petition with summary of signatures and key 1ACITY LOGO\Templates\Council Staff Report Form Lewis.doc Dated: CONTACT: 4141 Douglas Drive North - Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 - Fax: (763) 531-1188 - www.ei.crystal.ran.us September 11, 2009 Janet Lewis, City Clerk (763) 531-1145 janet.lewis@ci.crystal.mn.us On September 1, 2009, the City of Crystal received a document titled "Petition to force a public vote on a $2,600,000 property tax levy to fund bonds to be purchased by Hennepin County to fund the County Road 81 Project." An additional page of signatures was received on September 2, 2009 and included in the verification process (collectively, the original petition and the additional page are considered the "Petition"). The Petition was received in response to a resolution adopted by the Crystal City Council on August 3, 2009. The adopted resolution is related to a street reconstruction plan and the issuance of bonds to finance costs associated with the street reconstruction activities for the years 2009 through 2013. The street reconstruction plan specifically relates to the County Road 81 Project. The Petition must be inspected and verified by the filing officer (city clerk) in accordance with Minn. Stat. 475.58 (Obligations, Elections to determine issue) and Minn. Rules 8205 (Petitions). Minn. Rules 8205.1050 subp. 3 requires that the verification process be completed as soon as practicable but no later than ten working days after the day on which the petition was submitted (deadline: September 17, 2009). A. Question: Does the form of the Petition comply with Minn. Rules 8205.1010 subp. 2. parts A thru I? Answer. No. The Petition does not conform to Minn. Rules 8205.1030, subp. 2, or Minn. Rules 8205. 10 10, subparts F, G, H, and /. Critical pieces missing on each petition are the 1) signer's oath, 2) signer's year of birth, 3) printed first, middle, and last name and 4) statement "All information on this petition is subject to public inspection". This information is determined critical as it is used to verify applicable eligibility of the signatories and advises persons signing petitions of the document's purpose and its classification as a public record. B. Question: Has the Petition been signed by the required number of signatories and do the signatories meet the applicable eligibility requirements? Answer: No. There are 634 signatures on the Petition. The total number of votes cast at the last municipal election for mayor as reported by the Secretary of State's office is 10,369. Therefore, the Petition must contain a minimum of 519 qualified signatories who meet the applicable eligibility requirements, which / interpret to mean residents of Crystal eligible to vote pursuant to the requirements of the Minnesota Secretary of State and Minnesota Election Law. 1. Of the 634 signatures, / have determined that 387 signatures meet the applicable eligibility requirements because these names were verified as voters in the State Voter Registration System (SVRS) by the clearly signed name and address. / used the SVRS system because there were no printed names or year of birth provided on the Petition, among the other defects noted, to assist in determining whether the signatories could be reasonably construed to be eligible voters. 2. 1 have determined that 83 signatures cannot be verified as eligible voters, because the true names of these signatories were difficult to read, although the addresses appear to be valid Crystal addresses. (Example: Is that name Mike or Mark? Is the address 4806 or 4800 Nevada? And so on..) Every attempt was made to find the signatories in the SVRS, but this task proved difficult without a clearly signed name to match with a corresponding Crystal address. Because the Petition did not contain the printed names and year of birth, it was difficult to determine whether the signatories could be reasonably construed to be eligible voters. 3. / have determined that 164 signatures are unreadable, cannot be identified, and should not be counted since it is impossible to verify whether they may be eligible voters. C. Question: In conclusion, does the Petition satisfy the form requirements, has it been signed by the required number of qualified signatories during the applicable time period? Answer.• No. The Petition did not satisfy the form requirements. The deadline for Petitions to be submitted was September 2, 2009 and must contain a minimum of 519 qualified signatures of persons who meet the applicable eligibility requirements. In my determination, the Petition contains only 387 qualified signatories verified by the SVRS and does not meet the 5% threshold. Even if / were to determine that the Petition contains 470 qualified signatories (by adding sections B1 and B2 together), the 5% threshold is still not met. My determination is that the Petition does not meet the 5% threshold as required by law due to a shortage of 247 eligible signatories. The deadline for submission of a new or revised Petition to correct the deficiencies has past (September 2, 2009). As the filing officer, I am required to report this information to the person who filed the Petition. No one has identified himself/herself as the person responsible for the Petition. However, the City of Crystal is providing this verification report to Jason Bradley as the assumed filer and person responsible for the Petition. REVISOR 8205.1050 VERIFYING PETITI®NS. 8205.1050 Subpart 1. Applicability. This part does not apply to proposed recall and recall petitions. The verification processes for proposed recall and recall petitions are located in parts 8205.2010 and 8205.2120. Subp. 2. Verifying petitions. The filing officer shall verify each petition using the method in items A to C. A. The filing officer shall inspect the form of the petition to determine whether it complies with part 8205.1010. B. The filing officer shall inspect the petition to determine whether it has been signed by the required number of signatories and whether the signatories meet the applicable eligibility requirements. If the petition has not been signed by the required number of qualified signatories, the filing officer must notify the person who filed the petition: (1) that the petition has not been signed by the required number of signatories; and (2) of the number of additional signatures needed. If the time for circulating the petition has not expired, the petitioners may collect additional signatures and submit them at one time to the filing officer before the circulation period expires. C. If the petition satisfies the form requirements in part 8205.1010 and has been signed by the required number of qualified signatories during the applicable time period, the filing officer shall notify the person whose name is on the petition receipt that the petition is sufficient. Subp. 3. Time for verification. The filing officer shall complete the verification of a petition as soon as practicable but no later than ten working days after the day on which the petition was filed. Statutory Authority: MS s 204B.071 History: 25 SR 616 Posted: September 29, 2003 Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. I REVISOR �, • �, W O, 8205.1010 Subpart 1. Applicability. This part applies to any petition required for any election in this state, including nominating petitions, recall petitions, and proposed recall petitions. Subp. 2. General form requirements. Petitions must be prepared in accordance with items A to I. A. A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. The signer's oath and the signature lines must be on the same side of the paper. B. The language on the petition must be printed in as large as possible but no smaller than 8 -point type. C. Each petition page must have a short title describing the purpose of the petition. D. Each petition page must have a statement summarizing the purpose of the petition. E. If the purpose of the petition is to put a question on the ballot, each petition page may have a statement of 75 words or less summarizing the ballot question. F. Each petition page must have a signer's oath in 12 -point bold type. If the form of the signer's oath is not specified by statute, the following oath must be used: "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." G. Each petition page must include the following statement irnmediately above the signature lines: "All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so." H. Each petition page must have no more than 20 signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; and each signatory's year of birth; printed first, middle, and last name; and residence address, municipality, and county. I. Each petition page must include the following statement: "All information on this petition is subject to public inspection." Statutory Authority: MS s 204B.071; 2110.03; 211C.04; 211 C. 06 History: 25 SR 616 Posted: September 29, 2003 Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 475.58, 2008 Minnesota Statutes 2-oo8 Minnesota Statutes Page 1 of 3 Subdivision 1. Approval by electors; exceptions. Obligations authorized by law or charter may be issued by any municipality upon obtaining the approval of a majority of the electors voting on the question of issuing the obligations, but an election shall not be required to authorize obligations issued: (1) to pay any unpaid judgment against the municipality; (2) for refunding obligations; (3) for an improvement or improvement program, which obligation is payable wholly or partly from the proceeds of special assessments levied upon property specially benefited by the improvement or by an improvement within the improvement program, or from tax increments, as defined in section 469.174, subdivision 25, including obligations which are the general obligations of the municipality, if the municipality is entitled to reimbursement in whole or in part from the proceeds of such special assessments or tax increments and not less than 20 percent of the cost of the improvement or the improvement program is to be assessed against benefited property or is to be paid from the proceeds of federal grant funds or a combination thereof, or is estimated to be received from tax increments; (4) payable wholly from the income of revenue producing conveniences; (5) under the provisions of a home rule charter which permits the issuance of obligations of the municipality without election; (6) under the provisions of a law which permits the issuance of obligations of a municipality without an election; (7) to fund pension or retirement fund or postemployment benefit liabilities pursuant to section 475.52, subdivision 6.- (8) ; (8) under a capital improvement plan under section 373.40; and (9) under sections 469.1813 to 469.1815 (property tax abatement authority bonds), if the proceeds of the bonds are not used for a purpose prohibited under section 469.176, subdivision 4g, paragraph (b). Subd. 1 a. Resubmission limitation. If the electors do not approve the issuing of obligations at an election required by subdivision 1, the question of authorizing the obligations for the same purpose and in the same amount may not be submitted to the electors within a period of 180 days from the date the election was held. If the question of authorizing the obligations for the same purpose and in the same amount is not approved a second time it may not be submitted to the electors within a period of one year after the second election. Subd. 2. funding, refunding. Any county, city, town, or school district whose outstanding gross debt, including all items referred to in section 475.5 1, subdivision 4, exceed in amount 1.62 percent of its market value may issue bonds under this subdivision for the purpose of funding or refunding such indebtedness or any part thereof. A list of the items of indebtedness to be funded or refunded shall be made by the recording officer and treasurer Exhibit C https://www.revisor.leg.state.nin.us/statutes/?id=475.58 475.58, 2008 Minnesota Statutes Page 2 of 3 and filed in the office of the recording officer. The initial resolution of the governing body shall refer to this subdivision as authority for the issue, state the amount of bonds to be issued and refer to the list of indebtedness to be funded or refunded. This resolution shall be published once each week for two successive weeks in a legal newspaper published in the municipality or if there be no such newspaper, in a legal newspaper published in the county seat. Such bonds may be issued without the submission of the question of their issue to the electors unless within ten days after the second publication of the resolution a petition requesting such election signed by ten or more voters who are taxpayers of the municipality, shall be filed with the recording officer. In event such petition is filed, no bonds shall be issued hereunder unless authorized by a majority of the electors voting on the question. Subd. 3.[ Expired.] Subd. 3a. Youth ice facilities. A municipality may, without regard to the election requirement under subdivision 1 or under any other provision of law or home rule charter, issue and sell obligations to refund existing debt of an indoor ice arena that is used predominantly for youth athletic activity if all the following conditions are met: (1) the obligations are secured by a pledge of revenues from the facility; and (2) the governing body of the municipality finds, based on analysis provided by a professional experienced in finance, that the facility's revenues and other available money will be sufficient to pay the obligations, without reliance on a property tax levy or the municipality's general purpose state aid. Subd. 3b. Street reconstruction. (a) A municipality may, without regard to the election requirement under subdivision 1, issue and sell obligations for street reconstruction, if the following conditions are met: (1) the streets are reconstructed under a street reconstruction plan that describes the street reconstruction to be financed, the estimated costs, and any planned reconstruction of other streets in the municipality over the next five years, and the plan and issuance of the obligations has been approved by a vote of all of the members of the governing body present at the meeting following a public hearing for which notice has been published in the official newspaper at least ten days but not more than 28 days prior to the hearing; and (2) if a petition requesting a vote on the issuance is signed by voters equal to five percent of the votes cast in the last municipal general election and is filed with the municipal clerk within 30 days of the public hearing, the municipality may issue the bonds only after obtaining the approval of a majority of the voters voting on the question of the issuance of the obligations. (b) Obligations issued under this subdivision are subject to the debt limit of the municipality and are not excluded from net debt under section 475.51, subdivision 4. (c) For purposes of this subdivision, street reconstruction includes utility replacement and relocation and other activities incidental to the street reconstruction, turn lanes and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads, and the local share of state and county road projects. (d) Except in the case of turn lanes, safety improvements, realignments, intersection https://www.revisor.leg.state.mn.us/statutes/?id=475.58 9/8/2009 475.58, 2008 Minnesota Statutes Page 3 of 3 modifications, and the local share of state and county road projects, street reconstruction does not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. Subd. 4. Proper use of bond proceeds. The proceeds of obligations issued after approval of the electors under this section may only be spent: (1) for the purposes stated in the ballot language; or (2) to pay, redeem, or defease obligations and interest, penalties, premiums, and costs of issuance of the obligations. The proceeds may not be spent for a different purpose or for an expansion of the original purpose without the approval by a majority of the electors voting on the question of changing or expanding the purpose of the obligations. History: (1938-6) 1927 c 131 s 4; 1949 c 682 s 8; 1951 c 422 s 4; 1955 c 298 s 1; 1969 c 446 s 1; 1971 c 886 s 1; 1971 c 903 s 3; 1973 c 123 art 5 s 7; 1974 c 380 s 8,9; 1Spl985 c 14art 8s53; 1988c519s4; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1990 c 480 art 9 s 22; 1991 c 342 s 16; 1995 c 256 s 26,27; 1996 c 463 s 48; 1998 c 389 art 3 s 25; art 8 s 24; 1999 c 248 s 14; 2001 c 214 s 43; 1 Sp2001 c 5 art 15 s 28; 2002 c 390 s 18; 2003 c 127 art 12 s 23; 1 Sp2003 c 21 art 10 s 11; 2005 c 152 art 1 s 31; 2006 c 259 art 10 s 11; 2008 c 154 art 10s25,26 https://www.revisor.leg.state.nm.us/statutes/?id=475.58 9/8/2009 CITY OF CRYSTAL RESOLUTION NO. 2009 - s RESOLUTION ADOPTING A STREET RECONSTRUCTION PLAN AND AUTHORIZING ISSUANCE OF BONDS FOR SUCH WORK Section 1. Background. 1.01. The City of Crystal ("City") is authorized under Minnesota Statutes, Section 475.58, subdivision 3b (the "Act") to prepare a plan for reconstruction of streets in the City over the next five years, including a description of the proposed work and estimated costs, and to issue general obligation bonds to finance the cost of street reconstruction activities described in the plan. 1.02. Before the issuance of any bonds under the Act, the City is required to hold a public hearing on the plan and issuance of the bonds. 1.03. Pursuant to the Act, the City, in consultation with its City engineer, has caused preparation of a 5 -Year Street Reconstruction Plan dated August 3, 2009 (the "Plan"), which describes expected street reconstruction activities in the City to be financed with street reconstruction bonds under the Act for the years 2009 through 2013. 1.04. The City has determined that it is in the best interests of the City to authorize the issuance and sale of street reconstruction bonds pursuant to the Act in the maximum principal amount of $2,600,000 (the `Bonds"), to finance a portion of the costs described in the Plan. 1.05. On this date, the Council held a public hearing on the Plan and the issuance of the Bonds, after publication in the City's official newspaper of a notice of public hearing at least 10 days but no more than 28 days before the date of the hearing. Section 2. Plan Approved. 2.01. The Council finds that the Plan will improve the City's street system, which selves the interests of the City as a whole. 2.02. The Plan is approved in the form on file in City Hall. Section 3. Bonds Authorized. 3.01. The City is authorized to issue the Bonds in a maximum principal amount of $2,600,000, in order to finance the street reconstruction activities described in the Plan, including costs of issuance of the Bonds. City staff, financial advisor and legal counsel are authorized to take all actions needed to sell the Bonds in one or more series during the period from this date through 2013, subject to the contingency described in Section 3.02 hereof. 3.02. If a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five percent of the votes cast in the last municipal general election, is filed with the City Clerk Exhibit D Resolution 2009 - 58 within 30 days after the date of the public hearing, the City may issue the Bonds only after obtaining approval of a majority of voters voting on the question at an election. The authorization to issue the Bonds is subject to expiration of the 30 -day period without the City's receipt of a qualified petition under the Act, or if a qualified petition is filed, upon the approving vote of a majority of the voters voting on the question of issuance of the Bonds. 3.03. City staff are authorized and directed to take all other actions necessary to cavy out the intent of this resolution. Approved this P day of August, 2009 by the City Council of the City of Crystal, Minnesota. -� a Trudy R. Tassoni Administrative Services Coordinator V IP election office use only M AB ® date�of nottoday, date school district (if known) ounty where you live phone number email address Registration Updates you currently registered under a different nacre or address? previous last name previous first name previous middle name previous address where you were Of registered city state zip code Student Fee Statement or Utility Bill P I ID Number. (typ®) SD DMN Drivers License, Learners ID Number. Permit, MN ID Card, or Receipt DMN Drivers License D MN ID Card Initials DTdbal ID D U.S. Passport D U.S. Military ID ❑Tribal ID D Student ID 0Late Notice E3 Previous Registration in Same Precinct OStudent ID With College List ID Number. _—___------------------------------- -- ------- --------------Exhibit E TO EXPOSE ADHESIVE, REMOVE LINER 83NI 13AOW3M '3AIS3HOV 3SOdX3 Ol TO EXPOSE ADHESIVE, REMOVE LINER 2l3NIl 311 IEMOVE LINER H3NI-1 3AOW38'3AIS3HOV 3SOdX3 01 TO EXPOSE ADHESIVE, REMOVE LINER 8aNI.1 3AOW3Li '3AIS3HGV 3SOdX3 01 TO EXPOSE ADHESIVE, REMOVE Nummary of retition Smnatures Proof > 634 Key: Green checks 0 Signature and corresponding address was readable. Name with corresponding address could be verified as a Crystal registered voter in the State Voter Registration System (SVRS). H Counted Yellow checks 0 Signature was more difficult to read but not illegible. However: *Name and corresponding address not listed in SVRS; or *Name and corresponding address did not match SVRS records. *Unable to verify the eligibility of the signatory with SVRS because the names were not printed and the year of birth was not provided. 0 Not counted Red checks EC Signature cannot be verified and was deficient for one or more of the following reasons: *Unreadable signature *Missing first or last name *Two signatures on one signature line and/or signed by same person *Missing address 0 Not counted Counts Page No. Green Yellow Red Totals 1 31 2 11 44 2 26 5 14 45 3 21 5 18 44 4 23 5 18 46 5 26 6 20 52 6 19 22 9 50 7 32 1 13 46 8 10 1 0 11 9 24 3 2 29 10 38 6 2 46 11 28 3 9 40 12 20 8 14 42 13 25 3 16 44 14 30 5 9 44 15 13 4 3 20 16 12 1 6 19 17 9 3 0 12 Totals 387 83 164 634 Proof > 634 Key: Green checks 0 Signature and corresponding address was readable. Name with corresponding address could be verified as a Crystal registered voter in the State Voter Registration System (SVRS). H Counted Yellow checks 0 Signature was more difficult to read but not illegible. However: *Name and corresponding address not listed in SVRS; or *Name and corresponding address did not match SVRS records. *Unable to verify the eligibility of the signatory with SVRS because the names were not printed and the year of birth was not provided. 0 Not counted Red checks EC Signature cannot be verified and was deficient for one or more of the following reasons: *Unreadable signature *Missing first or last name *Two signatures on one signature line and/or signed by same person *Missing address 0 Not counted Petition to force a public vote on a $2,600,000 property tax levy to fund bonds to be purchased by Hennepin County to fund the County Road 81 project. Last year, the Crystal City Council approved a plan to widen County Rd. 81 to handle up to six lanes of traffic. The County threatened the City Council that County Rd. 81 would not be refinished, if their plan was not accepted. Despite a large public outcry (the City Council chambers were filled to standing room only), they caved to Hennepin County's wishes anyway. Anyone who drives on County Rd. 81 knows that it is in terrible shape, and ignoring the condition of that road would be negligent on the County's part. In the process of completing this project, many good families have lost their homes, and many more will lose their homes and/or some property. A frontage road is going to be directed down a residential street, where there are a lot of children at play. The truth is, this affects everyone in the city. Our taxes are going to go up to finance this project. 1) The County will charge a special assessment of $524,650 (total) to property owners for the conversion of residential roads into frontage roads. 2) The City of Crystal wishes to write bonds in the amount of $2,600,000 (not a final number). The County will buy these bonds at no interest, but the payback will come in the form of a property tax levy against property owners. We have 30 days (until 9/1/09) to get 520 signatures on the attached petition. By getting 520 signatures, we can force the City to bring this to a vote of all the people. That way we all can have a say in how our money is spent. Please sign this petition if you are a resident of the City of Crystal, and if you believe that you have a right to have a say in how your money is spent, and to whether the City or County have a right to decide they can demand additional amounts of your income, at the snap of their fingers. Signing this petition is no more (or no less) than a statement that regardless of how you feel about the County Rd. 81 reconstruction, that you demand of the City of Crystal, that the people of Crystal disapprove of an involuntary property tax levy, and deserve the chance to vote on it first. Please deliver signed petitions on or before 8/31/09 to: —icftT V�:i i U C N. Crystal, MN 55429 Caves gage, I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taNs for the County Road 81 project. M, ✓ WWW �IEi! r NEWWI c e� FA,._,H17W TTMIW�� �Amr.,���r: s►�EBANWMIR w.��� � M.- 31 v - PaV@'=' V '7 Z7 30r 30(v 0- I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. �WWTWP WI%1�FIZM V I �1 � �. ayallll�11'' WIMM . u WIM ■rM •fay'\% ®l�fi. m , . M� �.WA' E�N�JONj ffi f/.1.7�17I19Y15'ILTI�VZ�i 0 WA QVAFAM I —, WM � I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. �fi �AOFNMWW� �►����. iris« ' WAM MWA ii_ MW�®® �imCti!lld��� ViON,� �Volm 7.mmy"Mi�i�7 s.�Fri►I 5`XIi!'ON7x7r'.� �fi I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. Y�41W7�YYY�'�.� 1i�1�•.. ��//��I�7iil,�T�l4!lhu►q►» � !!RlI� lllt'�Vr^�l�R�lAJCi7 - • NMI �F�l6r�i MWAU 1���;r.� rr�® r�MnW�� , _ WI � mmlq!aW�'� t►® I � ® FeWTI . // td / 4� �IM / I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. JMWTAT ivvL17WAW�i�wn , , MI Npil�M!�I1�� �1'Gt.S� i .... Wamm— �I WAO.FAMIGUM13.0�1. IMOAI ' d�IgIMPII _`I� F�� . t►�Fi�c�F�!���L7: WAUM . s+.m �ffkv= � mWmt I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. fill i �N ��►�,�►�VleTioliYi�/I6l��+�7�F�I FM "110 I�� ►.�� �JM=121R! rMl"ARIEFROWMAs� • [IOZJ!/tom; IBl�=1D_�J�1J1�FIA1.l,�J�� �im�Pll97� S� I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. Number Name Address 3 4: A- s 7 8 4e &rnell IL, 9 G d PrP e A- !4. ,/,10 c+,rA. / r 2' 11 4 e: 2f 13 2 r" 1a 3 A'H �- r k / 16 17 T 75 18 20 t r 21 . kA 22 3 24 N' ti - 25 _ � J i - t: 28 30 GnY 31 -t�3 32 ! 33 34 35 36 rig S u e i 37 3S 39 < 40 — 41 az bj 11 7 ,,.r I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 oroiect. to M M. ��� ,,_, � . MMW 01 �1 to I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the Countv Road 81 proiect. ,w WL , mMI ..' ®I O�AWI!�� I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our orooertv taxes for the Countv Road 81 oroiect. li 3W 9) af,r Sit:,�'!1�1► rzw. , �ra�►.:arar�.��r�ss��� _ r i �►�W,Ma3a-zirsm� s �n■—��.+�s M►O10AWAA? Ml1 J li 3W 9) af,r I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. P-60 . _ �WWT r1 r ie'ta MIT llM �► C+rwlr►a ��� 0WA0ft Ws i ilG�Yr I,� r11A1� Ornmum,WwAMILI Fr� P-60 N� 2, 24q EJ I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. _ V. X32 �r I ME- r l��il3faTf�v��Erffi , alb' �lQ�i]_Pe11 .Ip 1lA—�mzLYm• .. 1 _ ��.M� !Mw ►1�ElRi�fr?d�r1s� tt �WiEAMIWI dIRKAMI NO ff,2►.` MI im 0 W [WAW- ww T MEMOSOMM I�RLI//.7��.1�i�•�s�7�__1l��JI/fLE�t�•I!/1�� ���c7w-C�.I``/ �I��+Si7�.��.a�.i �WMAWAMPW�M i _ i[IL41I�Y�i11lt �!/L — �1 ����•GIi�G�ia�s _ V. X32 I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. Number Name Address 3 V1 y14z Sy3u 53� vf.N C al 5S a S -Y/O S S i- 6 GO z _ o_ s 2- ti ..,� �,� S3o1 W lei (� e/J SsYo2 UA,,�% LIj i AeV ss -o H98 ! soot Xew,`a Avz 55k 13 KArtAt CQ 14 old V r OD INC I C,V Jr 15 - sy3 s�' SSYa 16 �' ✓� /"! Z L' / .� 17 �A I ' rli S 561346 / 18 ✓ i ti 5;;1(9 Jelq G ke kl Ci 19) 26 S Uc/1r9 L-,ek I/G L 20 L� 59Tn 21 22 23 24 25 '3 26 27 28 29 30 r Tri ILI Ly I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. Address Eftmbe�rName 5 li 'iiLi iU li t 777 Ci tyG -C�i 7 r�rgA t a g V/ Z �- 9 S%>2 T- �-- Ll —' 14, //77 �u. L lo- - e h °�� G PIA %G'/1 t'-C/ml�ti°r5 18 19 c - - 20 21 22 23 24 ✓ i �n 25 26 27 28 29 30 I want the public to vote on the $2,600,000 levy that the Crystal City Council wishes to write in bonds against our property taxes for the County Road 81 project. Q1) ,g ajayli, �' ...............,IL. i /a �♦ �i''_�M/�m�Ji1cL ;vim /rte/II L �1• � _ Q1) ,g ajayli, �' Memorandu Cfff � V RYSTAI --E DATE: September 12, 2009 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director c R REGULAR AGENDA #3 SUBJECT: Resolution Awarding the Sale of $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B; Fixing its Form and Specifications; Directing its Execution and Delivery; and Providing for Payment BACKGROUND: The City of Crystal has been working with Hennepin County for several years to develop plans for the reconstruction of that portion of County State Aid Highway 81 that runs through the City. Certain property acquisition and construction costs require a local matching contribution by the City of Crystal. The City of Crystal anticipates funding its local match through several sources of money. These include: payment by the Storm Drainage utility of $697,000 for storm sewer improvements, special assessments of $524,650 against benefited properties that receive their road access from frontage roads within the project, payment of $62,806 from the Municipal State Aid for Streets account, and issuance of up to $2,600,000 of Street Reconstruction Bonds. Hennepin County agreed to provide an interest free loan to the City of Crystal to finance part of the local match. The financial instrument for this interest free loan is the Street Reconstruction Bond. Bonds will be issued in two or three series. A resolution adopting a street reconstruction plan and authorizing the issuance of street reconstruction bonds was approved by the City Council on August 3, 2009. DISCUSSION: Recent discussions between Hennepin County, City staff and the City's bond council have resulted in changes in the amount and structure of this bond issue compared to what was presented to the City Council on August 3, 2009. At that time it was projected that a bond of $1,527,327 would be issued on September 15, 2009. However the cost sharing agreement that is ready to be signed with Hennepin County only covers property acquisition costs that are estimated to be $1,901,778. The Storm Drainage Fund will pay $697,000 of that in December 2009. The remainder of $1,204,778 will be covered by this bond and be paid to Hennepin County in 2010 and 2011. Of the amount paid to be paid in 2010, $524,650 will come from special assessments levied in 2010 and $62,806 will come from Municipal State Aid for Streets (MSA) that will be received from the State of Minnesota later. That leaves $617,322 that will be paid from the proceeds of the property tax levy. It will be necessary to deposit money into the debt service fund in 2009 equal to the special assessments and MSA money that will be paid to the County in 2010. This money may come from the PIR Fund and the Street Reconstruction Fund and will be restored to those funds as the revenues come in from special assessments and MSA. That will be the subject of a separate resolution this fall. Another series of the bond will be issued in 2010 to cover the cost sharing agreement for construction and there will be tax levies and debt service payments in 2011 and 2012 for this bond. THE BOND The attached resolution awards the sale of the first series of bonds in the amount of $1,204,778. The bonds are interest free bonds and Hennepin County has agreed to purchase them. Debt service payments will be made to the County in installments of $509,109 in 2010 and $108,213 in 2011. Money to repay the bonds will be raised by means of a property tax levied on all taxable property within the City of Crystal. Minnesota Statutes, Section 475.58 require that the tax levy be equal to the amount of the debt service plus a 5% over levy to deal with the non -collection of delinquent taxes. The additional property tax levy for 2010 will be $534,565 ($509,109 plus 5% over levy). The additional property tax levy for 2011 will be $113,624 ($108,213 plus 5% over levy). The bonds will be general obligations of the City. This means the City pledges its full faith and credit and power to levy general property taxes, if needed, to repay the bonds. CONCLUSION: A petition was received calling for public vote on the issuance of these bonds. The City Clerk has determined that the petition does not meet the legal requirements for a petition. This is the subject of the report preceding this item on the City Council agenda. Assuming the City Council concurs with the City Clerk's determination, it may go ahead with consideration of the resolution awarding the sale of the bonds. Timing is an important issue in that the property tax levy for 2010 must be reported to Hennepin County. We recommend that the City Council consider approving the resolution Awarding the Sale of $1,204,778 General Obligation Street Reconstruction Bond, Series 20098; Fixing its Form and Specifications; Directing its Execution and Delivery; and Providing for Payment. CITY OF CRYSTAL County Highway 81 Local Match Right of Way Costs Right of Way - Cost Sharing Agreement - total cost Paid from Storm Drainage in 2009 Total amount of Henn Cty Bond Paid from special assessments to be levied in 2010 Paid from Municipal State Aid for Streets Construction in 2010 Total paid in 2010 from sources other than property taxes Remainder to be paid from property taxes Debt service payment to Hennepin County in December 2010 Debt service payment to Hennepin County in December 2011 Payment to 5% Over levy Hennepin Cty where required 1,901,778 1,204,778 524,650 62,806 587,456 617,322 509,109 108,213 616,829 534,565 113,624 CADocurnents and Settings\chansen\Local SettingsUernporary Internet Files\01-KARCounty Hwy 81 FundinglAs 9/11/2009 1:16 PM Extract of Minutes of Meeting of the City Council of the City of Crystal Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Crystal, Minnesota, was duly held in the City Hall in the City on Tuesday, September 15, 2009, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next item of business was the consideration of a proposal for the sale of $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B of the City to Hennepin County. After due consideration of the proposal, Councilmember introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: I R of 061 W81 I U93,01 12 to] A RESOLUTION AWARDING THE SALE OF $1,204,778 GENERAL OBLIGATION STREET RECONSTRUCTION BOND, SERIES 200913; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS ISSUANCE AND DELIVERY; AND PROVIDING FOR PAYMENT BE IT RESOLVED By the City Council of the City of Crystal, Hennepin County, Minnesota (the "City") as follows: Section 1. Background: Findings. 1.01. It is hereby determined that: (a) the City is undertaking a joint project with Hennepin County (the "County") to reconstruct County State Aid Highway No. 81 ("CSAH 81") in the City, such reconstruction being referred to as the "Project"; (b) the City and County proposed to enter into an Agreement for Right of Way Acquisition (the "ROW Agreement") under which the County agrees to acquire rights of way for the Project, and the City agrees to pay for a portion of the cost of such acquisition; (c) the City is authorized by Minnesota Statutes, Section 475.58, Subdivision 3b, as amended (the "Act") to finance all or a portion of the cost of a street reconstruction project by the issuance of general obligation Bond of the City payable from ad valorem taxes; (d) under the Act, the term "street reconstruction" includes the local share of state and county road projects, and therefore the Project constitutes street reconstruction for purposes of the Act; (e) the City held a duly noticed .public hearing on August 3, 2009 regarding the City of Crystal Street Reconstruction Plan for 2009 through 20014 (the "Plan") that describes the street reconstruction to be financed, the estimated costs, and any planned reconstruction of other streets in the City over the next five years, and approved the Plan and the issuance of obligations by vote of all of the members of the City Council present at the public hearing, all pursuant to the Act; (f) the City Council has determined that, within 30 days after the public hearing, no petition for a referendum on issuance of bonds that complies with Minnesota law governing such petitions was received by the City Clerk in accordance with the Act; and (g) accordingly, the City has determined to finance a portion of the City's share of the cost of right of way acquisition for the Project pursuant to the ROW Agreement, by issuing to the County a $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B (the "Bond"). 1.02. The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(6) to negotiate the sale of the Bond, it being determined on the advice of bond counsel that interest on 2 the Bond (if any) cannot be represented to be excluded from gross income for purposes of federal income taxation. Section 2. Sale of Bond; Approval of ROW Agreement. 2.01. Pursuant to the Act, the City will forthwith issue and sell the Bond to the County in the total principal amount of $1,204,778, in consideration of the County's expenditures made or to be made in that amount for Project acquisition costs in accordance with the ROW Agreement. The Bond will be originally dated as of September 15, 2009, in the denomination of the par amount of the Bond, and is payable, without interest, on December 15 in the years and installment amounts as follows: Year Amount December 15, 2010 $1,096,565 December 15, 2011 108,213 2.02. The Mayor and City Manager are authorized and directed to execute the ROW Agreement in substantially the form on file in City Hall, subject to any modifications necessary to reflect the terms of this resolution that are approved the Mayor and City Manager; provided that execution of the agreement by such officials will be conclusive evidence of their approval. 2.03. Optional Redemption. The City may elect on any date to prepay the Bond. Redemption may be in whole or in part and if in part, at the option of the City and in such order of installments as the City will determine. Prepayments will be at a price of par. Section 3. Registrations. 3.01. Registered Form. The Bond will be issued as a single typewritten bond, numbered R-1, only in fully registered form. Upon surrender of the Bond, the principal amount thereof, will be payable by check or draft issued by the Registrar described herein. 3.02. Registration. The City appoints the City Finance Director as bond registrar (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto will be as follows: (a) Re ig ster. The Registrar will keep a bond register in which the Registrar will provide for the registration of ownership of Bond and the registration of transfers and exchanges of Bond entitled to be registered, transferred or exchanged. 3 (b) Transfer of Bond. Upon surrender for transfer of the Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, a new Bond of a like aggregate principal amount and maturity, as requested by the transferor. (c) Exchange of Bond. Whenever the Bond is surrendered by the registered owner for exchange the Registrar will authenticate and deliver a new Bond of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. A Bond surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond will be overdue or not, for the purpose of receiving payment of, or on account of, the principal of such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of the Bond sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bond. In case any Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to 4 it, in which both the City and the Registrar will be named as obligees. A Bond so surrendered to the Registrar will be cancelled by it and evidence of such cancellation will be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it will not be necessary to issue a new Bond prior to payment. (i) Redemption. In the event the Bond is called for redemption, notice thereof identifying the Bond to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of the Bond. 3.04. Execution, Authentication and Delivery. The Bond will be prepared under the direction of the City Finance Director and will be executed on behalf of the City by the signatures of the Mayor and the City Manager. In case any officer whose signature or a facsimile of whose signature appears on the Bond will cease to be such officer before the delivery of the Bond, such signature will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. When the Bond has been so prepared, executed and authenticated, the City Finance Director will deliver the same to the County upon payment of the purchase price; provided that as a condition to such delivery, the ROW Agreement shall have been approved by the County and executed in full. Section 4. Form of Bond. 4.01. The Bond will be printed or typewritten in substantially the following form: (The remainder of this page is intentionally left blank.) 5 No. R-1 UNITED STATES OF AMERICA $1,204,778 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION STREET RECONSTRUCTION BOND, SERIES 2009B Date of Original Issue September 15, 2009 The City of Crystal, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to Hennepin County, Minnesota, or registered assigns, the principal sum of $1,204,778 on December 15 in the years and installment amounts as follows: Year Amount December 15, 2010 $1,096,565 December 15, 2011 108,213 without interest thereon. For the prompt and full payment of such principal as the same becomes due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on any date to prepay the Bond. Redemption may be in whole or in part and if in part, at the option of the City and in such order of installments as the City will determine. Prepayments will be at a price of par. This Bond is one of an issue in the aggregate principal amount of $1,204,778 all of like original issue date and tenor issued pursuant to a resolution adopted by the City Council on September 15, 2009 (the "Resolution"), for the purpose of providing money to finance certain street reconstruction in the City pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 475.58, subd. 3b and the City's home rule charter, and the principal hereof is payable from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby 6 conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bond is issued only as a fully registered Bond in the denomination of the par amount. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for a Bond of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF CRYSTAL, MINNESOTA (Facsimile) (Facsimile) City Manager Mayor 7 .REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Bond is registered in the bond register of the City Finance Director in the name of the person last listed below. Signature of Date of Registration Registered Owner City Finance Director Hennepin County, Minnesota Federal ID #41-6005801 Section 5. Payment: Security. 5.01. The Bond will be payable from the General Obligation Street Reconstruction Bond, Series 2009B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes hereinafter levied (the "Taxes") are hereby pledged to the Debt Service Fund. If a payment of principal on the Bond becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay such principal from the general fund of the City, and the general fund may be reimbursed for those advances out of the proceeds of taxes levied by this resolution when collected. 5.02. The City Clerk is directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and obtain the certificate required by Minnesota Statutes, Section 475.63. 5.03. For the purpose of paying the principal of the Bond on each installment date, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): 2009 $534,565 2010 $113,624 5.04. The City hereby irrevocably appropriates to the Debt Service Fund the amount of $616,829, representing the amount necessary, together with Taxes levied in 2009, to pay 105 percent of the principal amount of the Bond due on December 15, 2010. It is determined that the foregoing Taxes, together with the above-described deposit, will produce at least five percent in excess of the amount needed to meet when due, the principal payments on the Bond. The tax levy herein provided is irrepealable until all of the Bond is paid, provided that at the time the City makes its annual tax levies the City Finance Director may certify to the Taxpayer Services Division Manager the amount available in the Debt Service Fund to pay principal due during the 8 ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during such year by the amount so certified. Section 6. Authentication of Transcript. 6.01. The officers of the City are hereby authorized and directed to prepare and furnish to the County, as purchaser of the Bond, and to the attorneys approving the Bond, certified copies of proceedings and records of the City relating to the Bond and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bond and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. It is determined that no comprehensive Official Statement or offering material has been prepared or circulated by the City in connection with the sale of the Bond and that the City is relying on the investment representation of the County in an investment letter to be filed with the City Finance Director. Section 7. Continuing Disclosure. 7.01. In order to qualify the Bond for exemption from Securities and Exchange Commission Rules, Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and representation: The Bond is sold in an authorized denomination of $100,000 or more, to a single purchaser that has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment, and is not purchasing for more than one account or with a view to distributing the securities. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bond. Section 8. Defeasance. 8.01. When the Bond has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holder of the Bond will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of the Bond will remain in full force and effect. The City may discharge all Bond which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full. 9 The motion for adoption was duly seconded by Councilmember , and, upon vote being taken thereon, the following members voted in favor: and the following voted against: whereupon said resolution was declared duly passed and adopted. 10 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF CRYSTAL ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Crystal, Hennepin County, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, September 15, 2009, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of September, 2009. City Clerk City of Crystal, Minnesota (SEAL) STATE OF MINNESOTA CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Crystal, Minnesota, on September 15, 2009, levying taxes for the payment of $1,204,778 General Obligation Street Reconstruction Bond, Series 2009B, of said municipality dated September 15, 2009, has been filed in my office and said Bond has been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this - day of September, 2009. (SEAL) CR225-321 (SJB) 3571580 Taxpayer Services Division Manager Hennepin County, Minnesota Deputy REGULAR AGENDA #4 FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for September 15 City Council Meeting) DATE: 9-11-09 At the September 1, 2009 work session, there was a presentation and discussion about the updated Water Supply, Emergency & Conservation Plan. This relates to the drinking water supply for the City. The Plan was prepared for the Joint Water Commission and has since been adopted by the Commission. It is necessary to conduct a public hearing on the plan prior to final adoption by the City Council. It is recommended that the Council adopt the attached resolution ordering a public hearing to take input regarding the plan on Tuesday October 20, 2009. A copy of the plan will be available on the City Website, and at City Hall. Respectfully submitted, 01 - Upubworks/Water Dept/JWCMater Supply Plan/ordeffirngmem ROGTH DIR.-I DI 01 W A U14 MI 93 1 ki [-%3 0 1 1 1% AVA WHEREAS, the City Manager's office has reviewed and recommends approval of said Water Supply Plan; and WHEREAS, development and use as a management tool of such a plan is an important function of city government in the operation of its Water Utility and providing sei vice to the public; and WHEREAS, such a plan has been developed and adopted by the Joint Water Commission and must also be adopted by the City per state regulations; and WHEREAS, a public hearing is a necessary part of the adoption process. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders a public hearing be held at 7 p.m., or as soon thereafter as possible, on Tuesday, October 20, 2009, in the Council Chambers, at Crystal City Hall, 4141 Douglas Drive N., for the purposes of accepting public input on the Crystal Water Supply, Emergency & Conservation Plan. Adopted by the Crystal City Council this 15'h day of September 15, 2009. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk Lpubworks/Water Dept/]WC/Water Supply Plan/orderlimlgres REGULAR AGENDA #5 COUNCIL STAFF REPORT CITY 2009 Allpy Pro"ect Order Assessment Hearing CR�-" FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for September 15 City Council Meeting) DATE: September 11, 2009 RE: Declare the Amount to be Assessed, Order Preparation of Assessment Roll, and Set Date for Public Hearing, 2009 Alley and Driveway Construction Project #2009-06 INTRODUCTION The 2009 Alley and Driveway construction project 2009-06 has been completed and is ready to be assessed. Council is being asked to declare the amount to be assessed, order the preparation of the assessment roll and set the date for the public hearing. DISCUSSION The final cost for the 2009 Alley and Driveway Project is as follows: Total Project Cost $116,531.90 Less Storm Drain Contribution (40%) -$46,612.76 Total Alley Amount to be Assessed $69,919.14 Total Units (Single & Duplex) 53 Cost Per Unit $1,319.23 The final cost represents a decrease of $130.77 from the amount originally proposed in the initial public notice. Consistent with policy, the project is assessed to property owners abutting the affected alleys. Of the 53 parcels, 5 participated in the private driveway program, and $13,887.71 of private driveway work was performed. While every participant signed an agreement indicating the estimated cost of the proposed driveway work and waiving their right to appeal the assessment, it is still necessary to go through the formal assessment process. NX#TG1 IT, MTIAV� 101,10-1 It is recommended that Council adopt the attached resolution declaring the amount to be assessed, ordering the preparation of the assessment roll and setting the date for the public hearing for October 6, 2009. Respectfull subm' ted, Thomas A. Mathisen City Engineer i:/pubworks/projects/2009/allyrecon/orderassesshrngmem09 RESOLUTION NO. 2009 - DECLARING THE AMOUNT TO BE ASSESSED, ORDERING PRERARTION OF ASSESSMENT ROLL AND SETTING DATE FOR PUBLIC HEARING FOR 2009 ALLEY AND DRIVEWAY CONSTRUCTION PROJECT #2009-06 WHEREAS, the Crystal City Council ordered the 2009 Alley and Driveway Improvement Project #2009-06 involving special assessments pursuant to Minnesota Statutes, Chapter 429 (Act); and WHEREAS, that work is now completed and is ready to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1) The portion of the cost to be assessed against the benefited property owners is declared to be $83,806.90 ($69,919.19 alley, $13,887.71 driveways). 2) The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to the to be specially assessed for such improvement against every benefiting lot, piece or parcel of land within the area affected, without regard to cash calculation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the City offices for public inspection. 3) A hearing shall be held on the 6th day of October 2009 in the City Hall Council Chambers, 4141 Douglas Drive, Crystal, at 7:00 p.m., or as soon thereafter as the matter may be heard, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 4) The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in accordance with the Act once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total assessable amount for the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 4) Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2010 and shall bear interest at the rate of 6.0% per annum from the date of the adoption of the assessment resolution. Adopted by the Crystal City Council this 15th day of September 2009. ReNae J. Bowman, Mayor ATTEST: Jane Lewis, City Clerk 1APUBW0RKS\Projects\2009\A11ey Recon\asseshearres2009.doc REGULAR AGENDA #6 TO: Mayor and Council FROM: Kimberly Therres, Assistant City Manager/Human Resources Manager RE: Personnel Rules and Regulations Changes Staff is recommending several proposed changes to the Personnel Rules and Regulations. The explanations of the proposed changes are listed below. The actual Personnel Rules and Regulations language changes with underlining and strikeouts are attached. Item A: Rule 3.10 PROBATIONARY PERIOD This change corresponds to the position changes in the police department related to its reorganization. Item B: Rule 3.15 DECLARATION OF POLICY OF AFFIRMATIVE ACTION This change updates the phone number of the affirmative action officer. Item C: Rule 6.1 HOURSOF WORK,MEALS AND DREADS This change is meant to reflect the current work week, which begins on Saturday. Item D: Rule 7.8 EMPLOYEE ASSISTANCE ]PROGRAM This change clarifies who has access to this program. Only employees and their family members enrolled in the City's health insurance program may utilitize this program. Item E: Rule 7.10 TUITION REFUND This change provides additional structure for tuition reimbursement. It inceases the eligibility for reimbursement, places a cap on the amount of reimbursement available, and requires repayment upon separatation within a defined amount of time. It also provides the City Manager with the discretion to approve or deny tuition reimbursement on the basis of available budgetary funds. Item F: Rule 8.11 FUNERAL The language changes reflect the multitude of family structures of employees. Item G: Rule 8.18 FAMILY LEAVE The changes reflect the newly enacted federal National Defense Authorization Act (NDAA), which amended the Family Medical Leave Act. Eligible employees may now take up to 26 work weeks of leave during a 12 -month period to care for a servicemember who suffered a serious injury or illness as well as use leave for "qualifying exigency" related to a spouse, son, daughter or parent of an employee being called to active duty. The changes also address that an employee will return to their same or an equivalent position upon return from family medical leave subject to the limitations set forth under FMLA regardless of the reason for the leave. Item Il[: RULE 11.6 STEP III — GRIEVANCE AND 11.7 APPEAL This change cleans up a duplication of language related to the appeal of a grievance being heard by the Employee Review Board. The last sentence in 11.6 is the same language used in 11.7 and it is recommended that 11.7 be repealed and 11.6 be revised. Resolution No. 09 - AMENDING CRYSTAL CITY CODE APPENDIX V (PERSONNEL RULES AND REGULATIONS) BE IT RESOLVED by the City Council of the City of Crystal, Minnesota: Section 1. Crystal City Code, Subsection 311.07, requires that amendments to City Code Appendix V (Personnel Rules and Regulations) be made by Resolution. Section 2. Crystal City Code, Appendix V is amended as follows: ITEM A 3.10 PROBATIONARY PERIOD The probationary period for FLSA (Fair Labor Standards Act) exempt employees, Police Officers, Police Sergeants, Police Lieutenants Captains, Maintenance I, II, III, and Community Service Officers, shall be one year. The probationary period for all other employees shall be six months. The probationary period begins immediately upon appointment. Police Officers shall begin their one-year probationary period following successful completion of their Field Training Program. An employee can be recommended for earlier certification by the department head in writing to the City Manager. A person promoted, transferred, or reclassified to a regular non-exempt position must successfully complete a six-month probationary period beginning the date of the new appointment. All promotions to exempt positions and to the classification of Police Sergeant, and Police Lieutenant will serve a one-year probationary period. Time served in temporary positions is not considered part of the probationary period. (Amended 3/4/02; Resolution 02-20) 3.15 DECLARATION OF POLICY OF AFFIRMATIVE ACTION The City acknowledges that equal opportunity for all persons is a fundamental human value. Consequently, it is the policy of the City to provide equal opportunity in employment and personnel management for all persons; to provide access to, admission to, full utilization and benefit of training and promotional opportunities without discrimination because of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, public assistance status, handicap or disability; and to otherwise promote full realization of human rights within the City to the extent permitted by law. (Amended 7/5/94; Resolution 94-43.) To implement this policy the City requires that every person malting application for, currently employed by, or applying for future vacancies in the employment of the City be considered on the basis of individual ability and merit, without discrimination or favor. In furtherance of this policy the City establishes an Affirmative Action Plan providing for and assuring fair and equitable treatment in all phases of public employment, including selection, compensation, benefits, training opportunities, promotions, transfers, layoffs and other terms, conditions and privileges of employment. The concept of this affirmative action policy is consistent and fundamental to the maintenance of effective equal opportunity and shall be implemented as an integral part of the City's personnel system. The affirmative action officer will manage the Equal Employment Opportunity/Affirmative Action Program. Employees or applicants for employment who believe they have been discriminated against should contact the affirmative action officer at 763(610531-1000. Employees and applicants are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Minnesota Human Rights Act. (Amended 7/5/94; Resolution 94-43.) 6.1 HOURS OF WORK, MEALS AND BREAKS City offices will be open for business from 8:00 a.m. to 4:30 p.m. Monday through Friday. The hours of work will be set by the respective department head, with one uninterrupted meal period of no less than one-half hour per day. Meal periods are not paid, not included in the computation of overtime, nor included in the computation of a normal work shift or payroll period. Rest periods will be 15 minutes in each four hour period for FLSA non- exempt employees. (Amended 5/16/06; Resolution 06-55) The normal workday for all employees, except supervisory employees, department heads, part-time employees, essential employees, and other public safety employees is an eight hour day, not including a lunch or meal break. Department heads and supervisory employees are required to put in the time necessary to perform their job at their established rate of pay. Part -tune employees must work according to the schedule set up by their supervisor. Essential employees, as defined by law, and other public safety employees, may be required to work a different schedule due to the specialized nature of their employment. A work week consists of seven consecutive days (168 hours) generally beginning at 12:01 a.m. each Saturday Mexday. The regular work week for City employees is 40 hours; 80 hours constitutes a normal pay period. All overtime/comp time must be approved by the department head or supervisor prior to working overtime or comp time. The City Manager may change the working schedule of City employees as needed. 7.8 EMPLOYEE ASSISTANCE PROGRAM The City provides an employee assistance a program for employees and their fainil members enrolled in the Citv's health insurance program. regular- employees and 1.G4 A.A.— — 1J—i p—w ... --- ------ ..v .a.w_t.r _aa..._..., __.­________ ____ and t..-..—__`--------�------------ a h, ft ter.:: eounseling c .ees. An organization not affiliated with the City_provides confidential s_pport for emotional family/personal and work-related issues, unlimited access to a licensed counselor 24 hours a day, seven days a week, and assistance finding1ocal mental health providers, financial consultants, legal advisors, eta.., list nee with , e4E related problems, marital diffieulties, family relationships, legal matters, finaneial , aleehol and drug dependeney and mental health matters. Affi empleyee may get help 24 hours a day, seven days a week. The ser-viee is free to empleyees and their family mem (Amended 7/5/94; Resolution 94-43.) ITEM E 7.10 TUITI®N REFUND Regular benefit earning full and part-time employees who have been employed for over one ygar six months may be eligible for tuition reimbursement for courses taken for credit through accredited educational institutions. All tuition reimbursement requests must receive approval from the Department Head and City Manager prior to course registration. The Ci Manager has discretion to approve or deny tuition reimbursement on the basis of available budgetary funds. Tuition reimbursement may be approved if f r eaur-ses the following criteria are met: 1. The course is an associate bachelor or master A eellege level course available for credit; and 2. The course is taken on personal time; and 3. The coursework directly relates to the employee's work responsibilities that is `wedgy related" ; and 4. A minimum grade of a "C" or better or "satisfactory" is received upon completion; and 5. the tuition training request receives prior approval by the Department Director and City Manager. Class attendance and completion of study assignments must be accomplished outside the employee's regular working hours. Educational activities may not interfere with the employee's work and unsatisfactory job performance during enrollment may resut in forfeiture of tuition reimbursement. Employees will be eligible for reimbursement of 60% pere-eof the cost of undergraduate tuition, books and fees required for class, such as lab fees, up to $1,200 per calendar year. Employees will be eligible for reimbursement of 40% of the cost of graduate school tuition., books and fees required for the class, such as lab fees, up to $1,200 per calendar year. Courses for which the employee is receiving another source of funding, such as a grant or scholarship, shall not be eligible for tuition reimbursement. All tuition reimbursement will be subject to applicable IRS regulations. The benefiting emplovee must sign a loan agreement_ indicating their liability for repayment of all tuition reimbursement received based upon the following schedule if the employ separates from city service due to retirement or resignation: .tion: Separation 1 year or less after completion: 100% reimbursement of costs Separation between 1 year and 2 years after completion: 50% reimbursement of costs Separation after 2 years completion: No reimbursement required To request edueatioi}al tuition reimbursement the employee must submit receipts and verification of grade along with course description to Human Resources administration. (Amended 3/4/02; Resolution 02-20.) 8.11 FUNERALS Earned sick leave may be taken in the event of a death in an employee's immediate family or in the event of a death of other persons living in an employee's household. In this section, the term "immediate family" includes spouse, husbands, wi , children (including stepchild/foster child), parents (including stepparent or legal guardian), grandparents, suers, brothers, sibling (including stepsiblings), aunt, uncle, grandchildren,grandparent-in-law, father-in-law, mother-in-law, brother-in-law and sister-in-law, son-in-law, daughter-in-law. The length of leave will be determined by the department head and the City Manager. The City Manager may grant funeral leave for other reasons. (Amended 12/15/92; Resolution 92- 76). 8.18 FAMILY LEAVE Family Leave is governed by the Family and Medical leave Act of 1993 (FMLA) and Federal Regulations Part 825, and the National Defense Authorization Act MA& The following is a summary of the family leave law and how it applies to the City of Crystal. Definitions of such terms as "spouse," "serious health condition," etc. can be found in the Federal Regulations. The City will rely on these definitions and other sections of the Regulations when applying the family leave policy. A copy of the Federal regulations is available for review from Administration. 1. Eligibility In order to be eligible for family leave an employee must have worked for the City for at least: a. 12 months, and b. 1,250 hours during the year preceding the start of the leave. 2. Circumstances Allowing for Family heave An eligible employee is entitled to family leave fes: a. for the birth of a child and to care for the newborn child; b. for placement with the employee of a child for adoption or foster care; c. to care for a spouse, child, or a parent who has a serious health condition; or d. if the employee has a serious health condition that makes the employee unable to perform the functions of the employee's job. e. for a qualifying exigencyarising out of the fact that an employee's spouse, son or daughter, or parent is on active duty or has been notified of an impendingcall or order to active d& in support of a contingency peration as a member of the National Guard or Reserves; f. for the care of a spouse, son or dau hg ter, parent, or next of kin of a covered service member of the Armed Forces who suffered a serious injury or illness while on active duty. "Oualifving Exigencies" in number 2(e) above include: 1) short -notice deployment; 2, military events and related activities; 3) child care and related activities; 4) financial and legal arrangements; 5) counseling; 6) rest and recuperation; and 7Z post deployment activities. 3. Duration of Family Leave An eligible employee is entitled to take up to 12 weeks of family leave in any 12- month period. A 12 -month period will begin when an eligible employee first takes family leave. An eliailable emblovee is entitled to take up to 26 weeks of leave to care for a covered service member during a single 12 -month period. A 12 -month period will begin when an eligible employee first takes family leave. When leave qualifies as both military caregiver leave and leave to care for a family member with a serious health condition during a single 12 -month period, the leave will be designated as military caregiver leave. 4. Limitations on Family & Medical Leave for the Birth or Adoption of a Child An employee's entitlement to family leave for birth or placement of a child expires 12 months after birth or placement. Any family leave must be concluded within this 12 - month period. Leave for the birth or adoption of a child may not be taken intermittently or on a reduced leave schedule unless the City agrees. 5. Notice In the case of the birth or adoption of a child, an employee must provide the City with 30 days notice before the date the leave is to begin. However, if the birth or placement of the child requires the leave to begin in less than 30 days, the employee must provide only notice which is practicable. In the case of a serious health condition of an employee, a spouse, parent, or child which is foreseeable based on planned medical treatment, the employee must give the City 30 days notice before the leave is to begin. However, notice as practicable is permitted if the date of treatment begins in less than 30 days. 6. Procedures Notification fef A request for Family and Medical Leave must be submitted in writing using the Request for Leave form (copies available from supervisors or Human Resources). 7. Intermittent Use of family and Medical Leave An employee may use leave on a reduced leave schedule or intermittently when medically necessary if the employee, spouse, child or parent has a serious health condition. An employee may use leave on a reduced leave schedule or intermittently for the birth or adoption of a child only with the City's permission. (Added 7/5/94; Resolution 94-43.) If leave is requested on this basis, however, the employee may be required to transfer temporarily to an alternative position with equivalent pay and benefits which better accommodates recurring periods or absence or a part-time schedule. 8. Insurance Benefits Health insurance coverage will be maintained at the same level and under the same terins as if the employee continued working. Arrangements for payment of the employee's portion of health and life insurance premiums must be made by the employee through the Finance Department. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insurance coverage (subject to COBRA requirements). If the City pays the employee contribution(s) missed by the employee while on leave, the employee will be required to reimburse the City for delinquent payments (on a payroll deduction schedule) no later than ninety (90) days after return from leave. The employee will be required to sign a written statement at the beginning of the leave period authorizing the payroll deduction for delinquent payments. If the employee fails to return from unpaid Family and Medical Leave for reasons other than: a. The continuation, recurrence or onset of a serious health condition of the employee or a covered family member; or b. Circumstances beyond the employee's control, the City will seek reimbursement from the employee for the portion of the premiums paid by the City on behalf of that employee during the period of leave (certification is required within thirty (30) days of failure to return for either reason). Other benefits do not accrue during the period of unpaid Family and Medical Leave, however, any benefits accrued prior to commencement of such leave will not be lost. (Amended 3/4/02; Resolution 02-20) 9. Use of Paid Leave During Family and Medical Leave, the City requires that employees use all accumulated paid vacation time over 40 hours. During Family and Medical Leave, employees may also use accumulated sick leave provided that the circumstances of the leave comply with eligibility for the use of sick leave under the current policy. An employee may choose to use compensatory time during the leave and this will be counted as Family and Medical Leave. Following a normal childbirth delivery, employees may use up to six weeks of paid sick leave for maternity leave and up to two weeks of paid sick leave for paternity leave. (Amended 3/4/02; Resolution 02-20) Following the placement with the employee of a child for adoption or foster care, employees may use up to two weeks of paid sick leave. (Amended 5/16/06; Resolution 06-55) 10. Medical and Fitness for Duty Certifications a. Military Family Leave Certification Employees seekingfamily amily medical leave due to a qualifying exigency or due to a serious injury or illness of a covered servicemember will be required to submit certification providing; sufficient facts to support the request for leave as allowed under federal regulations. b. Medical Certification Certification by the employee's physician may be required for Family and Medical Leave due to an employee's serious health condition or that of a child, parent or spouse. A second opinion may be requested by the City. If requested, the City will pay for the cost of the second opinion and will select a health care provided not regularly associated with the City. A "Certification of Health Care Provided" form can be obtained from Human Resources. If is to be completed by the attending physician or practitioner and submitted to Human Resources within fifteen (15) days after requested, or as soon as is reasonably practical. Re -certification Re -certification may be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change. Re- certification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Re -certification does not apply to leave taken for a qualifying ing exigency or to care for a covered service member. d. Fitness for Duty Certification The City may require a medical certificate attesting to the employee's fitness for duty prior to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. The City Manager may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. 11. Records Retention Records on FMLA will be kept along with normal personnel records except that any medical record will be maintained separately as a confidential medical record in accordance with the law. 12. Affect on Pension Family and Medical Leave counts as continued service for purposes of retirement or pension plans. 13. 'Training Employees who have missed training sessions while on Family and Medical Leave will be given a reasonable opportunity to make them up. 14. Return from Family and Medical Leave Employees will return to their same position or an equivalent position upon return from Family and Medical Leave subject to limitations set forth under the FMLA. (enV1eyee „ditio,, will be returned to the employee's health insurance coverage will be reinstated at the same level without requiring a physical exam, qualifying period or exclusion of pre-existing conditions. (Amended 6/15/99;Resolution 99-72) "f0 11.6 STEP III - GRIEVANCE A grievance unresolved in Step II and appealed to Step III by the employee may be submitted to the Employee Review Board after steps of the grievance procedure established by the Personnel Rules and Regulations have been completed and within 10 (ten) calendar days of that completion. The procedure for appeals to the Employee Review Board are outlined in Section 11.8. The Employee Review Board established by Q=ystal City Code Seetion 3.12 will feview appeals. (Added 7/5/94; Resolution 94-43.) 11.7 APPEALS The Employee Review Board established by Cvystal Git-y Code Seetien 3.12 will review appeals. Repealed The Assistant City Manager/Human Resources Manager is authorized and directed to make the appropriate changes in Appendix V. Adopted by the Crystal City Council this day of September, 2009. ReNae J. Bowman Mayor Janet Lewis City Clerk REGULAR AGENDA #7 -G-V1787-V5=PVTZ9 IV ELECTED OFFICIALS, AMENDING SECTION OF THE CRYSTAL1.1 Section 1. Crystal City Code, Section 211.01 is hereby amended to read as follows: 211.01. Salary schedule. Subdivision 1. The annual salary of the mayor and other members of the city council are in the amounts and for the calendar years shown below: Calendar Year Mayor Salary Councilmember Salar 2008 9,983.07 7,679.86 2009 10,307.52 7,929.46 2010 10,642.51 8,187. "'- 2010 10 307.52 7,929.46 Sec. 2. This ordinance is effective in accordance with Crystal City code, subsection 110.11. First Reading: September 1, 2009 Adopted: September 15, 2009 Effective: October 24, 2009 ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL ® WORK SESSION o TUESDAY, SEPTEMBER 15, 2009 IMMEDIATELY FOLLOWING THE REGULAR COUNCIL MEETING CRYSTAL CITY HALL CONFERENCE ROOM A 1. Call to order 2. Roll call 3. Discuss increasing the funding allocation from TIF District #1 (#2150) for the Home Improvement Incentive Rebate program * 4. Other business 5. Adjournment * Materials attached 09/10/09 G:\EDA\Agendas\2009\09.15 ws.doc EDA STAFF REPORT Home Improvement Incentive Rebate --tl 9 FROM: John Sutter, City Plan ner/Assistant Community Development Director ll >1 � DEPARTMENT HEAD REVIEW: Patrick Peters, DATE: September 10, 2009 Community Development Director TO: Anne Norris, City Manager (for September 15, 2009 work session) SUBJECT: Discuss increasing the funding allocation from TIF District #1 (#2150) for the Home Improvement Incentive Rebate program Effective April 1, 2009, the EDA expanded the Home Improvement Incentive Rebate program to take advantage of some of the excess increment available in TIF District #1, and also to encourage Crystal homeowner to continue making home improvements during tough economic times. The changes were as follows: ® Increased the maximum rebate from $6,000 to $10,000 per property per year. Increase the maximum household income eligible for the program from 110% to 120% of area median income. Increased the rebate percentages as follows: - From 10% to 15% for households at 80%-120% of area median income - From 12% to 20% for households at 50%-80% of area median income - From 15% to 25% for households at <50% of area median income It was anticipated that the higher income limit and rebate percentages together with a more aggressive marketing and outreach campaign would roughly double the pace of rebates. However, during the first five months of the program, the pace of rebates has been roughly four times the historical average. These five months comprise the peak home improvement season so the rate will probably slow down over the next half year or so before picking up again in spring 2010. However, staff opinion is that the level of activity since April 1, 2009 indicates that we should expect demand for the program to continue to be strong for the foreseeable future. The March 3, 2009 staff report stated, "if during the middle of the contract it appears that expenditures will outpace the amount budgeted, staff will ask the EDA to consider increasing the budget, rationing the funds, or some combination of the two." The purpose of this work session is to make the EDA aware of the amount of activity generated by the program and gauge the FDA's interest in two complementary approaches to address the greater -than -expected demand for the program: PAGE 1 OF 2 1. The EDA has previously approved spending $210,000 of TIF District #1 (#2150) funds in the current program year (April 1, 2009 -March 31, 2010), plus another $210,000 to be obligated by the end of this year for next program year (April 1, 2010-March31,2011). It is anticipated that the first $210,000 will be fully committed by late fall 2009. Question #11: Should the EDA authorize the use of the second $210,000 as soon as the first $210,000 runs out? This would allow the program to continue seamlessly, rather than putting it on hold until April 1, 2010. However, by making the second $210,000 available sooner, such a change may also cause the program to have to be scaled back sooner than March 31, 2011 - which leads to Question #2. 2. Even with the previously authorized $420,000 from TIF District #1 for this program, the district is expected to have available increment of approximately $320,000 at the end of 2009. Such available increment that is not obligated by December 31, 2009 would either need to be transferred to the (more restrictive) housing TIF district for use in future years, or redistributed to the respective taxing jurisdictions. Question #2: Should the EDA obligate more funds from TIF District #1 for the rebate program? For example, obligating an additional $210,000 from TIF District #1 would make $630,000 available from the rebate program for the two year period of April 1, 2009 through March 31, 2011. It would also reduce the expected available increment from $320,000 to $110,000. As before, the only exception to TIF funding would be the small share of Crystal homes which are not located within the Redevelopment Project Area and therefore would not be eligible for TIF -funded rebates. The excluded residential properties are located in Thora Thorson Addition (57xx Oregon Ct), near Twin Lake, south and east of Bassett Creek Park, and that part of the Winnetka Hills neighborhood west of the houses facing Winnetka Avenue. For those areas, rebates would continue to be funded out of the EDA's local redevelopment fund which even with increased program activity is not expected to exceed $30,000 over two years. Also as before, whenever the TIF District #1 funds have been exhausted, the program could continue with funding from the housing TIF district or the FDA's local redevelopment fund. The likely effect would be to reduce the program's expenditures by reducing the rebate percentages, maximum rebate amount, income eligibility limit, or some combination of those three changes. As before, the expectation is that economic conditions in general and housing/credit markets in particular will be improved by 2011, so homeowners will have more capacity to finance home improvements on their own. EDA discussion is requested. PAGE 2 OF 2 W Q m W w W f -- z W Z I— z W W O w 0. E W 0TT m CA O O C1! O I- 3 3 N E L c.9- cf w LL W Q OLL W :5-. 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N x�';, ;� " i�5i111111� iii►.. E.a - �1�1111 1l� .��® City ®f Crystal 0 0.25 0.5 Miles I r-:; City of Crystal Bass Lake Road / Becker Park TIF District #2150 Bus. Y.T.D. TOTAL PROJECTED Unit 2009 2009 2010 Available Resources, Beginning Balance 3,221,765 3,221,765 987,034 Revenues Tax Increments County Grant Land sales (MN DOT) Investment Income Total Revenues Expenditures 0060 TIF Administration Home Improvement Incentive Rebate & Admin Transfer out to Debt Service funds Transfer out to EDA for administration Scattered Site single family homes 3000 6420 50th Ave 3001 6529 50th Ave 3002 5325 35th Ave 3003 4633 Douglas 3004 4901 Vera Cruz 3010 5700 Regent Ave 3011 3440 Regent Ave 3012 5708 Elmhurst 3013 5548 Yates Ave 3014 5255 Edgewood Ave 3016 5715 Regent Ave 75,000 Unidentified Reverse Auction 3401 Douglas 3443 Douglas 4801 Idaho 4809 Idaho 3415 Douglas Other Residential 3317 Hampshire 3015 5901 56th Ave MN DOT Non single family Single family Bass Lake Road guard rail project CSAH 81 gateway elements & landsaping Streetlighting - Sherburne to CSAH 81 Twin Oak Pond construction Total Expenditures 755,480 1,517,553 4,861 4,861 257,100 83,400 10,000 760,341 1,862,914 10,000 20,090 38,054 20,000 101,055:- -31'& 000 315,000: 166,787 324,287 _ 52,704 26,926 52,793 58,000 53,595 65,000 64,669 73,000 70,615 82,000 56,142 70,000 77,561 80,000 74,728 82,000 74,446 80,000 66,119 79,000 52,061 68,000 45,096 63,000 75,000 316,597 353,900 126,369 150,000 136,500 246,900 252,700 139,000 220,000 2,288 2,500 .I• .II r I M 120,000 250,000 155 500 155,000 1,560,166 "4,097;645 r 886;926: Available Resources, Ending Balance 2,421,940: ��'D987.0341x10;1'08 G:\EDA\TIF\2009 District #1 (2150) projects\2009.09.09 TIF 2150 projection REV incr rebate funding.As 9/10/2009 3:31 PM CRYSTAL CITY COUNCIL SECOND WORK SESSION WORKING AGENDA Tuesday, September 15, 2009 To immediately follow the EDA Work Session Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Second Work Session of the Crystal City Council was held at p.m. on Tuesday, September 15, 2009 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Hoffmann Norris Selton Therres L. Moore Banick Anderson Lewis Bowman Hansen Grimes Mathisen J. Moore 31= The purpose of the work session is to discuss the following agenda items: ® Phases 1 — 3 of Street Reconstruction projects and 36th Ave with possible financing by the Street Maintenance Fund ® Gateway monument design options Ill. Adjournment The Work Session adjourned at _ p.m. GACity ClerMoundlkWork sessions\secondwsagenda9-15-09.doc COUNCIL STAFF REPORT LCITY, Previously Reconstructed Local Streets 1. CRYSTAL i - C - FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for September 15 City Council Meeting) DATE: September 10, 2009 RE: Discussion of Maintenance Issues with 36th Avenue and Phases 1-3 Major street reconstruction began in the City in the Phase 1 Winnetka Hills project area in 1995. Prior to that, the rehabilitation and reconstruction of various portions of 36th Avenue from Robbinsdale to New Hope was the only major reconstruction project. This work was done over a period of ten years starting in 1989. It has been 20 years since some of this work was completed. As a consequence, it is necessary to consider remedial work to extend the life of the reconstructed pavements. 36th Avenue is the most heavily traveled local street in the City, and is need of a process called "mill and overlay." With respect to the Street Reconstruction Program, is has been observed over the last several years, that there is some premature failure of the road surface in widespread areas across Phases 1-3. A study of this failure process has been completed this past summer and the results and proposed remedial action will be presented here. 36TH AVENUE AND OVERLAY PROJECTS 36TH Avenue was reconstructed from east to west in four sections. The street has been maintained with crack sealing, pothole filling/patching, and regular sealcoating. However, the pavement surface is now in need of major rehabilitation. That process involves milling the top approximately two inches and repaving with a new bituminous surface. This will be the first major rehabilitation of a local street since the Street Reconstruction Program began in 1995 with its associated assessment policy. In addition, by the year 2018 it will be necessary to begin surface rehab in Phase 1. There presently is no official policy on how to fund major mill and overlay projects. To complicate the issue somewhat further, the non -corner properties on 36th Avenue have never been assessed for a full street reconstruction project. The reason being that this is a State Aid road, and when that work was done, the policy was different in the sense that State Aid money was used to cover the cost of most of the project. And yet another complicating factor is that 36th Avenue is much wider than other local and state aid street (except for portions of 32nd Avenue) which adds to the cost per lineal foot of an overlay project. There are at least three potential sources of funding for the overlay projects shown below: ® Street Reconstruction Funds — until now used only for new reconstruction. Street Maintenance Funds — until now used only for sealcoat and associated maintenance prior to sealcoat. Special assessments — until now used for both street reconstruction and sealcoat projects. The 36th Avenue project will be unique because it will be a one-dimensional linear project, as opposed to a two-dimensional neighborhood project. All of the corner lots on 36th Avenue that have driveways on the side street, have already been assessed for a full street reconstruction. Corner properties with driveways on 36th Avenue have been assessed for one half of a street reconstruction. The mid - block properties have not been assessed. There is a wide variation of front footage on a per parcel basis along the 36th corridor which makes for a wide range of "unit assessment" rates. Moving on to the Street Reconstruction project areas, as stated earlier, it will be necessary to develop a method of financing the overlays projects starting with Phase 1 on approximately 2018. At least in these project areas, there is uniformity in how they were previously assessed and approximate cost per front foot of mill and overlay. It may well be necessary to develop one program to accomplish the 36th Avenue overlay project and another for the reconstruction projects throughout the remainder of the city. It is anticipated that both programs will involve some form of special assessment involving a mix or combination of the following: ® Special assess 100% of the work much like sealcoat project were. ® Special assess two-thirds with the reconstruction fund pay the remainder in the same manner as current reconstruction projects. ® Special assess a portion with the Maintenance fund paying the remainder. ® Some combination of the above. At the Tuesday work session a brief presentation will be made regarding the above option and any other options, along with financial implications. ISSUES WITH PHASES 1-3 MAINTENANCE In the mid -1990's, IVINDOT developed a new asphalt specification that allowed the introduction of Recycled Asphalt Pavement (RAP) into the recipe for new bituminous pavement. Phases 1-3 have the honors of making use of this new environmentally friendly product. This is not to be confused with the street projects' full -depth recycling program, where Crystal's old street have been ground up and used as a replacement for Class 5 gravel under the new streets. Approximately three years ago, City staff began noticing minor failures occurring in the surface of the pavements in all three phases, with the streets with higher traffic showing the distress first, especially in the vicinity of stop signs. The failure areas have been patched, but because the failures are only up to one-half inch deep, they are not that easy to patch. This spring a more rigorous observation process was implemented. By mid- summer, and after consulting with IVINDOT, a study was initiated to determine the cause of the failures which is known as "raveling." A copy of the study report is attached. In a nutshell, it was determined that the MNDOT specification did not include enough "bituminous oil" in the recipe, and also that for some reason, some of the very old aggregate in the RAP was simply dissolving. The result is that very small voids left in the asphalt surface by the now missing aggregate, allow moisture to collect, resulting in small "pop -outs" during the fall and spring freeze -thaw cycles. In July, the Street Department experimented with a process called "spray - patching" by which an asphalt patch is sprayed onto the road surface using a combination of compressed air and a gravel and oil mixture. The report has concluded that the best option for salvaging as much useful life out of the Phase 1-3 asphalt surfaces is to continue with the experimental spray patching and increase the frequency of sealcoating. The idea being that as long as moisture can be prevented from entering the small voids in the surface, then the surface should continue to stand up to traffic until it is time for the normal mill and overlay in approximately 2018. At the work session a brief presentation will be made regarding how the annual repairs will be made and the financial implications of the work along with more frequent sealcoat applications. I — Respectfully submitted, �Pva= T. Mathisen, City Engineer/DPW -A SEH EO Rrry t1 # TO: Tom Mathisen, City of Crystal FROM: A.J. Schwidder (SEH) DATE: July 28, 2009 RE: Investigation of Wear Course Failure, Phase I to 3 Street Reconstruction, Crystal, MN SEH No. CRYST 109145 14.00 The purpose of this technical memorandum is to discuss raveling that is occurring on the surface of the pavement in streets that were reconstructed in Phases 1 through 3 as part of the City of Crystal street reconstruction program. The following paragraphs describe the observations of the pavement damage, the construction and maintenance history of the streets, pavement design standards at the time these projects were constructed, Mn/DOT experiences with these pavement mixes, and the results of coring and laboratory tests on the pavement. The technical memorandum concludes with options for future maintenance of the pavement. Observed Pavement Distress Staff at the City of Crystal requested a technical memorandum from SEH on June 25, 2009, to address pavement distress observed on some city streets. The distress is distributed throughout Phases 1, 2, and 3 of the Street Reconstruction Program. The locations of these phases are shown on the enclosed maps. In some areas, the seal coat has chipped off of the pavement surface, exposing the original pavement. The original pavement has undergone raveling, i.e. the asphalt has separated from the coarse aggregate, and the coarse aggregate has loosened and spilled off of the pavement. In some areas, up to 1/2 inch of the wear course is gone. The damage is confined to the wheel paths and generally occurs in isolated patches. However, these patches are evenly dispersed throughout all three phases, and some are at stop signs, while others are in the middle of a block away from stop signs. MSA streets that have more traffic have generally have more damage than local streets. The pavement damage is similar throughout all three phases. Pavement Construction History Phase I was constructed in 1995, Phase 2 in 1996, and Phase 3 in 1997. All of the streets in each phase were seal coated within 6 to 8 years of construction, according to the City's pavement management plan. The specifications for the original pavement and for the seal coat are enclosed. Four to five years after the seal coating, City maintenance personnel began to notice isolated patches where the sea] coat was chipping off of the streets. The pavement was designed fora 20 year life, according to Mn/DOT pavement design standards at the time. The City of Crystal pavement management plan includes a maintenance regimen to extend the life of the pavement to 35 years. According to this plan, each street receives a seal coat 6 to 8 years after construction, a mill and overlay is planned for 20 years after construction, and another seal coat 26 to 28 years after construction. Short Elliott Hendrickson Inc„ 3535 Vadnais Center Drive, St. Paul, MN 55110.5196 SEM is an equal opportunity employer I www.sehine.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 Fax Investigation of Wear Course Failure, Phase I to 3 Street Reconstruction, Crystal, MN July 28, 2009 Page 2 Pavement Design Standards At the time that Phases I through 3 were designed and constructed, the Mn/DOT 1995 Standard Specifications for Construction were in effect. This book includes Specifications 2331 and 2340 for bituminous pavement. The pavements for Phases 1 through 3 were designed and constructed according to the 2340 specification. During these years, there were many changes occurring with the way that pavements are specified, designed, and tested. The following paragraphs describe the earlier specifications that were used on Phases I through 3, changes made to the specifications in the late I990's, the current specifications, and reasons for the specification changes. Earlier Specifications (Used on Phases 1 Through 3) Specification 2331 had been used by Mn/DOT for many years, dating back to the 1970'x. It was developed when penetration (pen) graded asphalts were the standard for pavement construction. (In this memorandum, the term "asphalt" means the oil that is added to aggregate to make the pavement mix.) The 2340 specification was based on 2331 and used the same pavement mixes and mix designations. However, 2340 added testing requirements for quality control and quality assurance. It should be noted that, in Phases 1 through 3, the new performance graded asphalt was used with the 2340 specification instead of the pen graded asphalt. The same specification/asphalt was used on Phases 4, .5, and 6. While no damage has been observed on these pavements, similar damage may occur on them in future years. See the "Conclusions" section of this memorandum for further discussion. Changes in the Late 1990's (After Phases I through 3) In 1996, performance graded asphalts were introduced, and in 1998 Mn/DOT developed the 2350 specification for the new grades of asphalt. Mn/DOT 23.50 was first introduced as a special provision that year and was later incorporated into the 2000 Edition of the Standard Specifications for Construction. The 2360 specification (also known as Superpave) was also introduced in 1998 as a special provision and incorporated into the 2000 Edition of the Standard Specifications for Construction. Ctln-i-e .t SI)ectflcatlons The 2331 and 2340 specifications were phased out by Mn/DOT and do not appear in the 2005 Standard Specifications for Construction. The 2360 specification is the standard today for pavement design and construction in Minnesota, and the 2350 specification has been incorporated into 2360. Reasons.forSpecifcation. Changes The following paragraphs highlight the major changes between the earlier 2331 and 2340 specifications and the later 2350 and 2360 specifications. They also describe why the changes were made. The earlier specifications allowed up to 8.5 percent sand in the wear course mix. This was reduced in the later specifications, and a higher percentage of coarse aggregate was required. The earlier mixes could be tender when first placed, due to (fie higher sand content. In general, these mixes have less resistance to rutting compared to the later mixes that contain a higher percentage of coarse aggregate. The earlier specifications allowed up to 50 percent of recycled asphalt pavement (RAP) to be incorporated into the base course and 30 percent RAP to be incorporated into the wear course. The later specifications have reduced this maximum to 30 percent RAP in all pavement mixes, and restrictions have been placed on the grades of asphalt that can be used in these mixes. The asphalt in RAP is much stiffer Investigation of Wear Course Failure, Phase 1 to 3 Street Reconstruction, Crystal, MN July 28, 2009 Page 3 than the new asphalt that is added to the mix. When RAP exceeds 30 percent of the volume of the mix, the stiffer asphalt influences the mix and results in less resistance to cracking. In addition, quality control at the bituminous plant becomes more difficult for mixes with more than 30 percent RAP. This is due to the potential for variations in aggregate quality and gradation in the recycled pavement, along with variations in asphalt content. The earlier specifications did not have a requirement for voids in mineral aggregate (VMA), and the later specifications specify a VMA range and require testing to verify VMA. This is important because the aggregate in the pavement mix needs to be able to absorb enough of the asphalt so that the asphalt completely coats the aggregate. This waterproofs the aggregate and ensures that the asphalt adheres to the aggregate. However, if there are too many voids, the aggregate can absorb too much of the asphalt. This results in not enough asphalt being available to bond the pavement together (known as "dry mix"). Mn/DOT Experiences The Mn/DOT bitwninous office has investigated similar pavement distress on city streets in Eagan and White Bear Lake, and they are aware of similar distress on city streets in Bloomington and Woodbury. These pavements were all constructed between 1996 and 2000, using either the Mn/DOT 2331 or 2340 specifications. They have observed these conditions on urban pavement sections (with curb and gutter). However, rural pavement sections constructed during these years and using these specifications do not show similar distress. Roger Olson, a researcher from the Mn/DOT Bittuninous Laboratory, has some theories regarding causes of the distress. These including use of too much RAP in the pavement mixes, lack of quality control on the voids in mineral aggregate, and mixes containing too much sand and not enough coarse aggregate. However, more research is needed to determine the exact cause. He has made a proposal to the Local Roads Research Board to investigate this further and is waiting for their response. Mr. Olson also has a theory regarding why the distress shows up on urban roads and not rural ones. Surface runoff adjacent to urban roads is generally directed to the road, where it flows along the gutter and into a catch basin. This exposes the urban roads to more water than a rural road, where surface water flows directly into ditches. The greater exposure to water in the urban roads would cause the distress to show up sooner than in rural roads. Pavement Coring and Testing Six cores, designated l through 6, were taken of the pavements in Crystal. Each core was 6 inches in diameter. Cores 1 through 4 and Core 6 were performed in areas where the pavement was damaged, and Core S was performed in an area where the seal coat was still intact. Specific gravity, Marshall Density, extracted gradations, and asphalt content tests were performed on the cores. In addition, and spall tests were performed on coarse aggregate taken from the cores. The laboratory test reports are enclosed at the end of this memorandum. Condition.. of Wept' Course in.. Distressed Areas The wear course in the distressed areas was highly deteriorated and had absorbed a significant amount of water. Since the base course was not wet, it appears that this was frorn surface water and not from a high ground water condition or a leaking water main. When the cores were cut open, voids were observed inside of the core. It appears that these voids once contained coarse aggregate, but the aggregate had broken down or disintegrated. Spall tests were performed on the remaining aggregate from these cores, to determine if it rnet the requirements in the specification. The aggregate passed these tests, which indicates Investigation of Wear Course Failure, Phase I to 3 Street Reconstruction, Crystal, MN July 28, 2009 Page 4 that the weaker, friable aggregate in the wear course had already completely disintegrated. (Shale is an example of a type of rock that breaks down into clay when it is saturated for a long period of time. It is not allowed to be used as aggregate in bituminous or concrete pavement by current Mn/DOT specifications.) Of all the cores taken in the distressed pavement, Core 6 contained the only sample of the wear course that was stable enough to test. The tests showed that the wear course met the density requirement of the specification and the gradation requirement for the aggregate. The other cores fell apart when the laboratory technician attempted to cut samples for testing. Because these samples were so fragile, I suspect that they do not meet the density requirements in their current condition. A composite sample of the wear course was tested for asphalt content, which showed too much asphalt in the wear course, compared to the requirements in the specification. This is probably due to the loss of coarse aggregate over time, which would result in a higher asphalt content when the pavement was cored and tested. Condition. of Buse Coarse in. Distressed Areas The bituminous base course in these 5 cores was intact and met the density requirements of the specification, except for one core that was slightly low. The base coarse did not exhibit the extensive damage that was apparent in much of the wear course. The aggregate gradation was slightly out of specification, with 4 percent larger than 1/z inch. In my opinion, this would not affect the long term durability of the base course. The asphalt content met the requirements in the specification. Condition of Core in !luta Area In Core .5, both the wear and base courses were in good condition. Both met the project requirements for density and aggregate gradation, and the seal coat was in good condition. Caerhl Irey, the manager of Brawl Intertec's asphalt laboratory, commented on the high quality of the seal coat. Conclusions Based on the cores and laboratory testing, the wear course is susceptible to the following types of damage if it is not protected by a seal coat. ® When left exposed, the asphalt separates from the aggregate. ® Water is absorbed into the aggregate particles and into the void spaces between the aggregate particles. ® Some of the aggregate degrades when it is saturated. ® The saturated wear course is further broken down during freeze -thaw cycles. The seal coat that was applied to these pavements has effectively delayed the damage described above. However, small chips or cracks that develop in the seal coat over time provide a path for water to get into the wear course. This causes degradation of the wear course, leading to further spalling of the seal coat and further saturation of the wear course. This process has led to the isolated patches of distressed pavement that were observed during this study. Today, the pavement damage is confined to isolated areas of the wear course. Repairs can be made that will prolong the life of the pavement to the intended 35 years, with some revisions to the maintenance schedule. The following paragraphs discuss the various repair options, along with their expected frequency and cost. Investigation of Wear Course Failure, .Phase 1 to 3 Street Reconstruction, Crystal, MN July 28, 2009 Page 5 Please be aware that Phases 4, 5, and 6 were also constructed with the 2340 bituminous specification. These phases were constructed more recently than Phase 3, and it is possible that similar distress will occur in these phases in future years. We recommend that a visual assessment of all streets in these phases be conducted at least once per year. If the seal coat begins to spall off of these streets, a new seal coat will need to be applied as soon as possible to prevent deterioration of the wear course. Repair Options No Repairs The first option is to make no repairs. If this option is chosen, we expect that the patches of distressed pavement will become larger and will also extend deeper into the pavement over time. As more of the pavement becomes saturated, the rate of deterioration will increase. Eventually, this will result in alligator cracking in the wheel paths and failure of the pavement. Once the damage extends into the bituminous base course, the pavement will need to be fully reconstructed. An overlay or seal coating will not be feasible, and I expect that the pavement will reach this condition before it is 20 years old. Mole Frequent Seal Coating The second option is to seal coat the pavement every 4 years. This is based on the time between the first seal coat and the first signs of distress of the pavement surface. In the areas where the wear course is already deteriorated, the pavement needs to be milled to a depth of 2.5 inches and patched. Extend the milling and patching at least 12 inches beyond the outer edge of the damaged area. Complete this patching before seal coating the street. If the seal coating is performed every 4 years, I do not expect that milling/patching will be required with future seal coating. We recommend using the same seal coating specification that was used on the original seal coat for these streets. Mill and Overlay Based on the pavement cores, a 2.5 -inch mill and overlay is recommended for this pavement. A thinner mill and overlay would leave damaged pavement behind, causing the overlay to spall in 2 to 3 years. For the overlay, I recommend using the following bituminous mix from the Mn/DOT 2360 specification. LVWE35030C I expect that an overlay constructed with this mix will require a seal coat every 8 years until the pavement reaches its 35 year life. There would not be a need for the mill and overlay that was originally scheduled for 20 years after reconstruction of the street. Cost C0177parison The following table shows the repair cost per square foot for each option. It also shows an estimated annual cost over the 35 -year life of the pavement and compares that annual cost to the original planned maintenance program for the pavement. The annual cost is based on repairs made in 2009, as well as any additional maintenance required after 2009. Any costs incurred prior to 2009, including reconstruction of the streets and seal coating, were not included in the analysis. The present worth annual costs were evaluated over the 23 years remaining in the life of the pavement. An annual rate of inflation of 3.1 percent was used for this analysis. Additional notes for the basis of the annual cost are provided in the following table, and the spreadsheet used to compute these values is attached to this memorandum. Investigation of Wear Course Failure, Phase 1 to 3 Street Reconstruction, Crystal, MN July 28, 2009 Page 6 Relyah- 0p tion for 2009 COST of Repair in 2009 AlIi7.ual COSI Components ofAn-nual COSI Pei- SF Per SF Full reconstruct in year 16 Do Nothing 0.00 0.20 due to failing pavement. Seal coat in years 24 and 32. 2.5" Mill/overlay in year 20. Seal Coat With Patching 0.45°x° 0.10 Seal coat in years 12, 16, and 28. 2.5" Mill and overlay in year 2.5" Mill and Overlay 1.75 0.12 12. Seal coat in years 20 and 28. Original Maintenance0 05 Mill/overlay in year 20. Seal Schedule Coat in Year 28. *Assumes 20 percent of street surface needs 2.5" mill and patching. ajs Enclosures: Map of Pavement Cores (3 pages), Bituminous Pavement Specification, Phase 3 Street Reconstruction (5 pages), Seal Coat Special Provisions (2 pages), Bituminous Pavement Test Reports (I 1 pages), Photograph of Typical Pavement Distress (1 page), Spreadsheet for Annual Cost Analysis (2 pages) c: Aaron Ditzler (SEH) YEAR ONE STUDY AREA OVERALL STUDY AREA — SOUTH CRYSTAL 94 9 STUDY AREA LIMITS. N p c o /SCS' f-400\ (CITY OF NEW UE � \[d T z in FILE NO CRYST3214 LOCATION MAP 1-2 WINNETKA HILLS A311VA N30100 OOL ON AMH 31v1s I IL z 0 0 0) z < 0 uj - r F- D 0 Nr W z w 0w IL W U), W Z Z LL U OC 0� e i � • C...11aLU IMIIIII© cc/�1111�11� '.'1�11��■'� 1111111■ �, son u ,G�■ © �1���� -� a .. �� ��'' ��� . . 11��/1111111: !„u'i��ii�� 11/���i� �.� • ■1 �!�� ®�! 1/� ���� ■ ,////©!// ��1���®111 milli�111CD 1/11//// ®E//11//�1//i 111 ,� �� ■.� �: �� � ...:111//1///1///�/� //M ■: 111 /Iliii/�1i/�iNi 11/ � CC '-J CII 1: v ■// ■111 � ®111■/� loll INBORN ■ NO, City of Crystal, MN Cost Comparison for Repair and Maintenance Options Phase 1 Street Reconstruction Description —> YR Original Maintenance Schedule Seal Coat With Spray Patching 2.5" Mill and Do Nothing Overlay Pavement Life in Yrs 35 35FI 35 35 2 -Lane street Improvements Cost/SF 2008 2009 2010 1 $124,800 1 F $141,180 C $1,365,000 A Full Reconstruct $3.50 B C 21/2" Mill & 21/2" Overlay $1.75 D 1 1/2" Mill & 1 1/2" Overlay $1.00 E F Spray Patching $0.21 G H 1 Seal Coat $0.16 Phase'1 includes 26,000 LIe, antl assuming' 'ii Phasei�1 reconstructed,:m 1995 ���'iI,II�� 2011 F $16,380 2012 F $16,380 2013 F 1 $16,380 A $2,730,000 2014 1 F $141,180 2015 F $16,380 2016 F $16,380 2017 D $780,000 F $16,380 2018 C $1,365,000 1 $124,800 2019 2020 2021 2022 I $124,800 2023 2024 2025 I $124,800 (9) Casts are ini2009 dollars „ (2) Computed by summrng #he:.cos#s „„ I j i for each'yearl,A MPH: Total Cost 2026 1 $124,800 1 $124,800 2027 2028 2029 2030 I 1 $124,800 2031 2032 2033 2034 (1)(2) $1,029,600 $1,870,442 $2,979,600 $1,614,600 City of Crystal, MN Cost Comparison for Repair and Maintenance Options Please 2 Street Reconstruction Description ---> YR Original Maintenance Schedule Seal Coat With Spray Patching 2.5" Mill and Do Nothing Overlay Pavement Life in Yrs 1 1 35 1 1 35 1 1 35 1 1 35 2-Lane Street Improvements Cost /SF 2008 2009 2010 F $16,381 A Full Reconstruct $3.50 B C 21/2" Mill & 21/2" Overlay $1.75 D 11/2" Mill & 11/2" Overlay $1.00 E F Spray Patching $0.21 G H 1 Seal Coat $0.16 zaar so; a;;:::or Phase 1 �ncluales'26,pOfi LF, and assuming' i 3QL:w�e I781),PQOSF ,i „ iiiilii�l Phase 1,reconstructed m I?895 ui (1) Cosfs are �n 2P09 dollars (2) Compufealbysummg the costs foreach year , ;,I Total Cost 2011 1 $124,805 1 F $141,185 C $1,365,053 2012 F $16,381 2013 F 1 $16,381 2014 1 F $16,381 A $2,730,105 2015 1 F $141,185 2016 F $16,381 2017 F $16,381 2018 D $780,030 F $16,381 2019 C $1,365,053 I 1 $124,805 2020 2021 2022 2023 1 $124,805 2024 2025 2026 1 $124,805 2027 I $124,805 I $124,805 2028 2029 2030 2031 1 $124,805 2032 2033 2034 (1)(2) $1,029,640 $1,886,895 $2,979,715 $1,614,662 City of Crystal, IVIN Cost Comparison for Repair and Maintenance Options Phase 3 Street Reconstruction Description YR Original Maintenance Schedule Seal Coat With Spray Patching 2.6" Mill and Do Nothing Overlay Pavement Life in YrsF 1 1 35 1 1 35 1 1 35 1 1 35 2 -Lane Street Improvements Cost /SF 2008 2009 2010 F $21,732 12012 A Full Reconstruct $3.50 B C 21/2" Mill & 21/2" Overlay $1.75 D 1 1/2" Mill & 11/2" Overlay $1.00 E F Spray Patching $0.21 G H 1 Sea] Coat $0.16 ul 11N!R!fl Total Cost 2011 1 F $187,313 1 1 $165,581 F $21,732 1 C $1,811,040 2013 F $21,732 2014 IF $21,732 2015 1 F $187,313 A $3,622,080 2016 F $21,732 2017 F $21,732 2018 F $21,732 2019 D $1,034,880 F $21,732 20201 1 C 1 $1,811,040 1 1 $165,581 2021 2022 2023 2024 1 1 2025 $165,581 1 2026 2027 1 1 $165,581 2028 1 1 $165,581 1 $165,581 2029 2030 2031 2032 1 $165,581 2033 H�2034 (1)(2) 1 s1,�366,542 1-1 $2,525,110 $3,953,242 1 $2,142,202 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director C H SUBJECT: Phases 1 through 3 of the Street Reconstruction Projects and 36th Avenue with Possible Financing by the Street Maintenance Fund Background: About four years ago we analysed the Street Maintenance Fund to determine its financial viability. Up until then it had been expected that the fund would be able to pay for all future seal coat work and mill & overlay projects on city streets that had been through the neighborhood street reconstruction process. It was determined that this scenario wasn't viable. A revised policy was adopted for the fund which held that the fund would only be responsible for the first two seal coatings after reconstruction. The transfer from the General Fund was cut from $195,981 in 2005 to $140,000 in 2006. The policy was again revised for the 2008 budget in response to pressures on the General Fund budget and lower costs on the 2007 seal coat project. The transfer from the General Fund was cut from $144,200 in 2007 to $61,573 in 2008. This scenario appeared viable and even showed a surplus of $632,271 in the year 2033 when Phase 16 will be sealcoated for the second time. That surplus is not so large when you realize it is the contingency on seal coat projects that are estimated to cost $6,000,000 in total and stretch out to the year 2033. Discussion: Projects We are now faced with two new street maintenance projects that need a home. The Street Maintenance Fund is probably the best place for them, although it requires revising the policy adopted in 2005 and finding some new revenue sources. Engineering aspects of both projects will be discussed by Public Works Director Mathisen. The first project involves pavement in Phases 1, 2 and 3. This pavement needs intensified maintenance because it is deteriorating faster than expected. Costs are estimated to run at $54,500 a year in 2010 dollars and continue annually until the phases undergo mill and overlay in the years 2017, 2018 and 2019. The second project is the mill and overlay of 36th Avenue. This is a state aid street that was reconstructed using MSA money prior to the start of the neighborhood street reconstruction program. It needs a mill and overlay due the age of its pavement and the heavy traffic it carries. Costs are estimated to run $594,000 in 2010 dollars. Funding There currently is no identified funding source for the pavement in Phases 1, 2 and 3 other than the fund balance of the Street Maintenance Fund. The maintenance is estimated to total $554,365 over ten years. Adding this to the fund with no new revenue changes the projection from a surplus of $632,271 to a deficit of $530,810 in the year 2033. The change is so large because the fund relies heavily on investment earnings and spending down the cash in early years reduces investment earnings dramatically. The annual transfer from the General Fund would only have to increase from $65,300 to $76,000 in 2010 and rise with inflation from that point in order for the fund to be at a break even point in 2033. There are two possible funding sources for the mill and overlay of 36th Avenue. Both revenue sources have problems. The first source would be to special assess the cost of the project to properties fronting on 36th Avenue. There are problems with this that I will leave to the City Engineer to explain. It is unlikely that we could assess anything like the full cost of the project. Determining what would be assessed requires development of a policy for special assessing mill and overlay projects. The second possible revenue source would be to submit this project cost to be reimbursed from Municipal State Aid for Streets (MSA). The problem with this is that we have already committed our future MSA to the neighborhood street reconstruction projects and MSA for 36th Avenue may not be received until sometime late in this decade. Conclusion The worst case scenario is to throw costs for 36th Avenue and Phases 1, 2 & 3 onto the Street Maintenance Fund with no new revenue. This has the fund running out of money in the year 2023 and ending with a deficit of $1,994,851 in 2033. If we add revenues, the situation improves rapidly. Revenues added early on have more impact than ones late in the game due to the effect on investment earnings. The engineers are telling us that these projects need to be done and so some plan to fund them needs to be worked out. CITY OF CRYSTAL STREET MAINTENANCE FUND ANALYSIS Seal coating of Streets - 2010 Budget This analysis assumes that streets will be sealcoated 8 years and 15 years after the wearcoarse is put down. This fund will pay for these sealcoatings so that the property owners will not see a special assessment for this work while they are still paying the special assessment on the reconstruction. This analysis assumes that streets will receive an overlay at 21 years after the wearcoarse is put down. That work will be paid for by a new special assessment since the reconstruction special assessment will be done by then. Gen FD Invest Invest Year Contrib. Earnings Rate 2000 670,351 41,242 2001 170,000 60,444 2002 179,350 77,083 2003 184,731 38,784 2004 190,272 49,820 2005 195,981 46,337 2006 140,000 79,742 4.25% 2007 144,200 132,989 6.68% 2008 61,573 97,518 4.45% 2009 63,420 70,127 3.00% 2010 65,300 64,515 2.70% 2011 67,259 95,378 4.00% 2012 69,277 88,237 4.00% 2013 71,355 87,678 4.00% 2014 73,496 89,836 4.00% 2015 75,701 84,392 4.00% 2016 77,972 90,796 4.00% 2017 80,311 88,504 4.00% 2018 82,720 86,994 4.00% 2019 85,202 93,783 4.00% 2020 87,758 85,785 4.00% 2021 90,390 78,720 4.00% 2022 93,102 77,171 4.00°/ 2023 95,895 75,545 4.00°/ 2024 98,772 64,699 4.00 2025 101,735 61,076 4.00°/ 2026 104,787 55,500 4.00°/ 2027 107,931 43,763 4.00°/ 2028 111,169 38,962 4.00°/ 2029 114,504 44,967 4.00°/ 2030 117,939 40,969 4.00°/ 2031 121,477 33,153 4.00°/ 2032 125,122 39,338 4.00°/ 2033 128,875 31,049 4.00°/ First Se_alcoat 0 0 0 0 0 0 0 0 0 0 0 0 Second Sealcoat Phase Costs Phase Costs 6,023 1 3,100 2&3 133,610 4 80,125 5 81,662 1 134,798 2&3 341,179 6 171,493 7 105,084 8 168,985 4 130,439 9 125,624 5 100,434 10 206,557 11 168,016 6 210,914 12 220,924 7 129,240 8 207,830 13 210,940 14 288,082 9 154,502 10 254,039 15 302,211 16 247,087 11 206,639 12 271,708 13 259,430 14 354,304 15 371,682 16 303,886 Ending Fund Balance 705,570 936,014 1,189, 347 1,412,862 1,519,344 1,761,662 1,981,404 2,178,468 2,337,559 2,389,444 2,384,461 2,205,919 2,191, 940 2,245,889 2,109,796 2,269,888 2,212,597 2,174, 855 2,344,569 2,144,623 1,968,001 1,929,281 1,888,615 1,617,471 1,526, 903 1,387,503 1,094,064 974,049 1,124,180 1,024,221 828,825 983,455 776,233 632,271 G:\Charlie\Budget\2010 Budget\Capital Improvements\Street Maintenance 2010 Analysis 4.xls 9/10/2009 3:35 PM CITY OF CRYSTAL STREET MAINTENANCE FUND ANALYSIS Analysis Adding Only Phases 1, 2, & 3 This analysis assumes that streets will be sealcoated 8 years and 15 years after the wearcours is put down. This fund will pay for these sealcoatings so that the property owners will not see a special assessment for this work while they are still paying the special assessment on the reconstruction. This analysis assumes that streets will receive an overlay at 21 years after the wearcourse is put down. That work will be paid for by a new special assessment since the reconstruction special assessment will be done by then. New activities are proposed to be added to the Street Maintenance Fund to provide for intensified maintenance of the asphalt in Phases 1 through 3 until they can be overlaid and for a mill & overlay of 36th Avenue. Gen FD Invest Invest Year Contrib. Earnings Rate 2000 670,351 41,242 2001 170,000 60,444 2002 179,350 77,083 2003 184,731 38,784 2004 190,272 49,820 2005 195,981 46,337 2006 140,000 79,742 4.25% 2007 144,200 132,989 6.68% 2008 61,573 97,518 4.45% 2009 63,420 70,127 3.00% 2010 65,300 64,515 2.70% 2011 67,259 93,198 4.00% 2012 69,277 83,724 4.00% 2013 71,355 80,672 4.00% 2014 73,496 80,167 4.00% 2015 75,701 71,883 4.00% 2016 77,972 75,259 4.00% 2017 80,311 69,743 4.00% 2018 82,720 64,802 4.00% 2019 85,202 68,862 4.00% 2020 87,758 58,919 4.00% 2021 90,390 50,779 4.00% 2022 93,102 48,113 4.00% 2b23 95,895 45,324 4.00% 2024 98,772 33,269 4.00% 2025 101,735 28,389 4.00% 2026 104,787 21,506 4.00% 2027 107,931 8,409 4.00% 2028 111,169 2,194 4.00% 2029 114,504 6,728 4.00% 2030 117,939 1,201 4.00% 2031 121,477 -8,206 4.00% 2032 125,122 -3,675 4.00% 2033 128,875 -13,685 4.00% First Sealcoat Second Sealcoat Phase 1-3 & 36 Ave Phase Costs Phase Costs 6,023 1 3,100 2&3 133,610 4 80,125 5 81,662 1 134,798 54,500 2&3 341,179 56,135 6 171,493 57,819 7 105,084 59,554 8 168,985 4 130,439 61,340 63,180 9 125,624 5 100,434 65,076 10 206,557 67,028 46,028 11 168,016 6 210,914 23,705 12 220,924 7 129,240 0 8 207,830 13 210,940 14 288,082 9 154,502 10 254,039 15 302,211 16 247,087 11 206,639 12 271,708 13 259,430 14 354,304 15 371,682 16 303,886 Ending Fund Balance 705,570 936,014 1,189,347 1,412,862 1,519,344 1,761,662 1,981,404 2,178,468 2,337,559 2,389,444 2,329,961 2,093,104 2,016,793 2,004,182 1,797,081 1,881,484 1,743,581 1,620, 050 1,721,544 1,472, 972 1,269,485 1,202,824 1,133,099 831,735 709,737 537,651 210,218 54,849 168,212 30,014 -205,150 -91,879 -342,114 -530,810 G:\Char1ie\8udget\2010 Budget\Capital Improvements\Street Maintenance 2010 Analysis &AsAnalysis No New Rev (2) 9/10/2009 5:06 PM CITY OF CRYSTAL STREET MAINTENANCE FUND ANALYSIS Analysis including Municipal State Aid for 36th Avenue This analysis assumes that streets will be sealcoated 8 years and 15 years after the wearcourse is put down. This fund will pay for these sealcoatings so that the property owners will not see a special assessment for this work while they are still paying the special assessment on the reconstruction. This analysis assumes that streets will receive an overlay at 21 years after the wearcourse is put down. That work will be paid for by a new special assessment since the reconstruction special assessment will be done by then. New activities are proposed to be added to the Street Maintenance Fund to provide for intensified maintenance of the asphalt in Phases 1 through 3 until they can be overlaid and for a mill & overlay of 36th Avenue. Gen FD Invest Invest Year Contrib. M.S.A. Earnings Rate 2000 670,351 41,242 Phase 2001 170,000 60,444 2002 179,350 77,083 2003 184,731 38,784 2004 190,272 49,820 133,610 2005 195,981 46,337 4 2006 140,000 79,742 4.25% 2007 144,200 132,989 6.68% 2008 61,573 97,518 4.45% 2009 63,420 70,127 3.00% 2010 65,300 64,515 2.70% 2011 67,259 69,438 4.00% 2012 69,277 59,014 4.00% 2013 71,355 54,973 4.00% 2014 73,496 53,441 4.00% 2015 75,701 44,087 4.00% 2016 77,972 46,352 4.00% 2017 80,311 39,679 4.00% 2018 82,720 594,000 33,535 4.00% 2019 85,202 60,105 4.00% 2020 87,758 49,811 4.00% 2021 90,390 41,308 4.00% 2022 93,102 38,262 4.00% 2023 95,895 35,079 4.00% 2024 98,772 22,615 4.00% 2025 101,735 17,309 4.00% 2026 104,787 9,982 4.00% 2027 107,931 -3,576 4.00% 2028 111,169 -10,270 4.00% 2029 114,504 -6,234 4.00% 2030 117,939 -12,281 4.00% 2031 121,477 -22,227 4.00% 2032 125,122 -18,257 4.00% 2033 128,875 -28,849 4.00% First Sealcoat Second Sealcoat Phase 1-3 & 36 Ave Phase Costs Phase Costs 6,023 1 3,100 20 133,610 4 80,125 5 81,662 1 134,798 648,500 2&3 341,179 56,135 6 171,493 57,819 7 105,084 59,554 8 168,985 4 130,439 61,340 63,180 9 125,624 5 100,434 65,076 10 206,557 67,028 46,028 11 168,016 6 210,914 23,705 12 220,924 7 129,240 0 8 207,830 13 210,940 14 288,082 9 154,502 10 254,039 15 302,211 16 247,087 11 206,639 12 271,708 13 259,430 14 354,304 15 371,682 16 303,886 Ending Fund Balance 705,570 936,014 1,189,347 1,412,862 1,519,344 1,761,662 1,981,404 2,178,468 2,337,559 2,389,444 1,735,961 1,475,344 1,374,323 1,336,013 1,102,185 1,158, 792 991,982 838,387 1,502,614 1,245,285 1,032,690 956,558 876,982 565,373 432,721 249,554 -89,403 -256,757 -155,858 -307,018 -555,664 -456,414 -721,230 -925,091 G:\Charlie\Budget\2010 Budget\Capital Improvements\Street Maintenance 2010 Analysis 5.xisAnalysis & MSA 9/10/2009 4:14 PM CITY OF CRYSTAL STREET MAINTENANCE FUND ANALYSIS Analysis including No New Revenue for 36th Avenue This analysis assumes that streets will be sealcoated 8 years and 15 years after the wearcours is put down. This fund will pay for these sealcoatings so that the property owners will not see a special assessment for this work while they are still paying the special assessment on the reconstruction. This analysis assumes that streets will receive an overlay at 21 years after the wearcourse is put down. That work will be paid for by a new special assessment since the reconstruction special assessment will be done by then. New activities are proposed to be added to the Street Maintenance Fund to provide for intensified maintenance of the asphalt in Phases 1 through 3 until they can be overlaid and for a mill & overlay of 36th Avenue. Gen FD Invest Invest Year Contrib. Earnings Rate 2000 670,351 41,242 2001 170,000 60,444 2002 179,350 77,083 2003 184,731 38,784 2004 190,272 49,820 2005 195,981 46,337 2006 140,000 79,742 4.25% 2007 144,200 132,989 6.68% 2008 61,573 97,518 4.45% 2009 63,420 70,127 3.00% 2010 65,300 64,515 2.70% 2011 67,259 69,438 4.00% 2012 69,277 59,014 4.00% 2013 71,355 54,973 4.00% 2014 73,496 53,441 4.00% 2015 75,701 44,087 4.00% 2016 77,972 46,352 4.00% 2017 80,311 39,679 4.00% 2018 82,720 33,535 4.00% 2019 85,202 36,345 4.00% 2020 87,758 25,101 4.00% 2021 90,390 15,609 4.00% 2022 93,102 11,536 4.00% 2023 95,895 7,283 4.00% 2024 98,772 -6,293 4.00% 2025 101,735 -12,755 4.00% 2026 104,787 -21,284 4.00% 2027 107,931 -36,093 4.00% 2028 111,169 -44,088 4.00% 2029 114,504 -41,405 4.00% 2030 117,939 -48,858 4.00% 2031 121,477 -60,267 4.00% 2032 125,122 -57,819 4.00% 2033 128,875 -69,994 4.00% First Sealcoat Second Sealcoat Phase 1-3 & 36 Ave Phase Costs Phase Costs 6,023 1 3,100 2&3 133,610 4 80,125 5 81,662 1 134,798 648,500 20 341,179 56,135 6 171,493 57,819 7 105,084 59,554 8 168,985 4 130,439 61,340 63,180 9 125,624 5 100,434 65,076 10 206,557 67,028 46,028 11 168,016 6 210,914 23,705 12 220,924 7 129,240 0 8 207,830 13 210,940 14 288,082 9 154,502 10 254,039 15 302,211 16 247,087 11 206,639 12 271,708 13 259,430 14 354,304 15 371,682 16 303,886 Ending Fund Balance 705,570 936,014 1,189, 347 1,412,862 1,519,344 1,761,662 1,981,404 2,178,468 2,337,559 2,389,444 1,735,961 1,475,344 1,374,323 1,336,013 1,102,185 1,158, 792 991,982 838,387 908,614 627,525 390,220 288,389 182,086 -157,319 -318,879 -532,110 -902,333 -1,102,204 -1,035,123 -1,221,454 -1,506,677 -1,445,467 -1,749,846 -1,994,851 G:\Charlie\Budget\2010 BudgehCapital Improvements\Street Maintenance 2010 Analysis 5.xisAnalysis No New Rev 9/10/2009 4:14 PM TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: County Road 81 Gateway Monument Earlier this summer the Council received a draft design for the County Road 81 gateway monuments. The Council determined only one gateway monument was necessary and at the Bass Lake Road intersection with County Road 81. It was agreed the intersection at 47th Avenue should have significant landscaping but no monument. The proposed gateway monument was not acceptable and the Council suggested it wanted something less institutional, less vertical, with more warmth and that would be more welcoming. Before proceeding with any more preliminary designs, the landscape architect asked the Council to consider existing gateway monuments to determine what elements or features should be included in a gateway monument in Crystal. Attached are photos of gateway monuments in St.Louis Park, Robbinsdale and Eagan. Also attached is the proposal of the monument the Council rejected this summer. The Council should provide direction regarding features of the various gateway monuments they'd like to see in the gateway monument in Crystal. Attach: /z «z¥�a a NA