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2016.04.05 Council Meeting Packet Posted: April 1, 2016 CITY OF CRYSTAL City Council Meetings Tuesday, April 5, 2016 MEETING SCHEDULE Time Type of Meeting Location 6:20 p.m. 1st Council Work Session to discuss: • Bassett Creek Regional Trail cooperative agreement with Three Rivers Park District • Continue discussion on proposed amendments to Chapter 3 of the City Code based on recommendations from the City Code Review Task Force • Blue Line update Conference Room A 7:00 p.m. Regular City Council Meeting Council Chambers Immediately following the Regular City Council Meeting 2nd City Council Work Session to discuss: • Bassett Creek bank stabilization • Gaulke Pond sediment removal • Phase 15 assessments • Met Council governance • Constituent issues update • New business • Announcements Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 1, 2016 CRYSTAL CITY COUNCIL FIRST WORK SESSION AGENDA Tuesday, April 5, 2016 6:20 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, April 5, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Adams ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Ray ____ Kolb ____ Sutter ____ Libby ____ Revering ____ Parsons ____ Gilchrist ____ Peak ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Bassett Creek Regional Trail cooperative agreement 2. Continue discussion on proposed amendments to Chapter 3 of the City Code based on recommendations from City Code Review Task Force 3. Blue Line update* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: April 5, 2016 TO: City Council FROM: John Sutter, Community Development Director Mark Ray, PE, Public Works Director SUBJECT: Bassett Creek Regional Trail project update by Three Rivers Park District Background As part of the Bassett Creek Regional Trail project, the City and Three Rivers need to enter into a cooperative agreement. The agreement spells out roles and responsibilities related to the trail including easements, design and construction, and use and operation. Three Rivers Park District staff will be available at the work session to provide Council with an update on the project and answer any Council questions about the project or agreement. City Council Meeting Agenda April 5, 2016 7:00 P.M. Council Chambers THE CITY MANAGER’S COMMENTS ARE BOLDED. 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 2. BOARD OF APPEAL AND EQUALIZATION MEETING WITH PUBLIC HEARING The Council will recess the Regular City Council Meeting to convene as the Board of Appeal and Equalization: a. Receive presentation regarding 2016 Assessment from Hennepin County Assessing Division. b. Open the public hearing to take comments from property owners (names and addresses are required). c. Close the public hearing and take action on 2016 Assessment Roll. d. Adjourn the Board of Appeal and Equalization Meeting and reconvene the Regular City Council Meeting. Hennepin County Assessing staff will be at the meeting to manage the Board of Appeal and Equalization hearing and to respond to resident and Council questions. 3. APPROVAL OF AGENDA The Council will consider approval of the agenda.* 4. PROCLAMATION 4.1 Mayor Adams will read a proclamation declaring May 4, 2016 as Arbor Day in the City of Crystal. This year’s Arbor Day celebration will be at North Lions Park on May 4 . 5. APPEARANCES 5.1 Presentation of Police Chief’s Award to Ms. Abby Anderson. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda April 5, 2016 6. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from March 15, 2016; and b. The Council Work Sessions from March 15, 2016. 7. CONSENT AGENDA The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 7.1 Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 7.2 Approval of a resolution accepting the following donations: a. $1,839.79 from Armstrong Cooper Youth Hockey Association for Crystal Frolics b. $1,000 from Crystal Lions for Becker Park Arts and Entertainment c. $750.00 from Minneapolis Elks Lodge #44 for Crystal Airport Open House d. $200.00 from Northern Lights Collectors’ Club (Robin Lee’s Hallmark) to the Crystal K-9 Unit Fund e. $500.00 from Rudolph Priebe Post #172 for Crystal Airport Open House f. $1,000 from VFW Post #494 for Becker Park Arts and Entertainment g. $4,036.15 from various individuals to the Crystal K-9 Unit Fund from the Bowling for Rocco fundraiser 7.3 Approval of a resolution amending Appendix IV of the Crystal City Code relating to the 2016 Fee Schedule – Utility Section; 7.4 Approval of a resolution amending the budget of the Police Equipment Revolving Fund; 7.5 Approval of a temporary on-sale liquor license for a fundraising event on April 22, 2016, submitted by the Church of St. Raphael’s; and 7.6 Approval of a resolution establishing dates and offices for the 2016 municipal election. 8. OPEN FORUM (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent Council meeting agendas.) Crystal City Council Meeting Agenda April 5, 2016 9. PUBLIC HEARING 9.1 The Mayor will open a public hearing to receive comment and consider a resolution vacating a drainage and utility easement over Outlot A, Professors Addition. As part of the Gardendale Subdivision plat process, a drainage and utility easement need to be vacated. A public hearing is required prior to consideration of vacating the easements. Recommend approval of the resolution vacating the easements contingent upon approval of the Gardendale Subdivision final plat. 10. REGULAR AGENDA 10.1 The Council will consider approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Recommend approval of disbursements over $25,000. 10.2 The Council will consider a resolution approving the Final Plat of Gardendale Subdivision. The City Council approved the preliminary plat of Gardendale Subdivision in February of this year. That approval was contingent on additional actions and other approval processes being completed. Many of those items have been completed or will be in the near future. Recommend approval of the resolution approving the final plat of Gardendale Subdivision subject to the conditions outlined in the staff report. 10.3 The Council will consider a resolution authorizing the PIR purchase of a half pipe ramp for the skate park. The 2016 PIR budget includes funds for upgrading the skate park with a new element or a half pipe ramp. Recommend approval of the resolution authorizing the purchase of a half pipe ramp. 10.4 The Council will consider resolutions approving plans and specifications and ordering the advertisement for bids for 2016 Alley Reconstruction, Project #2016- 07. This year’s alley reconstruction project includes 3 alleys in the Welcome Park neighborhood. In order to keep the project on schedule, recommend approval of the resolutions approving the plans and specifications and ordering the advertisement for bids for this year’s alley reconstruction project. Crystal City Council Meeting Agenda April 5, 2016 10.5 The Council will consider a resolution approving the PIR purchase and contract with UHL Company to replace air conditioning unit at the Crystal Community Center. The 2016 PIR budget includes funds for replacing one of the air conditioner units at the Community Center. Recommend approval of the resolution authorizing this replacement purchase. 10.6 The Council will consider a resolution to authorize the PIR purchase of a Parks trailer. The 2016 amended PIR budget includes funds for purchase of a replacement Parks trailer. Recommend approval of the purchase of the Parks trailer. 10.7 The Council will consider a resolution authorizing the execution of the Bassett Creek Regional Trail cooperative agreement with Three Rivers Park District. Three Rivers Park District is working towards completion of the Bassett Creek regional trail that goes through Bassett Creek Park, west along 32nd Avenue, north on Nevada, and continues west on 36th. In order for the Park District to construct and maintain this segment of the regional trail, a cooperative agreement between Crystal and the Park District is necessary. Recommend approval of the resolution authorizing execution of this cooperative agreement. 11. INFORMATION AND ANNOUNCEMENTS a. Crystal Curbside Clean-up is April 6 – 16. Please visit the City’s website to verify your pick up day and zone. b. The City Council will have a work session on Thursday, April 7 at 6:15 p.m. and on April 14 at 6:30 p.m. in Conference Room A at City Hall. c. The next Citizen Input Time is Tuesday, April 19 at 6:00 p.m. in Conference Room A at City Hall. d. The next City Council meeting begins at 7:00 p.m. on Tuesday, April 19, in the Council Chambers at City Hall. e. The Crystal Business Association meets on Wednesday, April 20, at 8:30 a.m. at a location to be determined. f. Girl and Boy Scout troops interested in leading the pledge at future regular City Council meetings may contact city staff for information. g. All City Council meetings and work sessions are open to the public as well as recorded and available for viewing or listening at www.crystalmn.gov. Crystal City Council Meeting Agenda April 5, 2016 12. ADJOURNMENT 13. MEETING SCHEDULE ON APRIL 5, 2016 Time Type of Meeting Location 6:20 p.m. 1st Council Work Session to discuss: • Bassett Creek Regional Trail cooperative agreement with Three Rivers Park District • Continue discussion on proposed amendments to Chapter 3 of the City Code based on recommendations from the City Code Review Task Force • Blue Line update* Conference Room A 7:00 p.m. Regular City Council Meeting Council Chambers Immediately following the Regular City Council Meeting 2nd City Council Work Session to discuss: • Bassett Creek bank stabilization • Gaulke Pond sediment removal • Phase 15 assessments • Met Council governance • Constituent issues update • New business* • Announcements* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. 2. 2. 2. 2. 2. Local Board of Appeal and Equalization Training Attendance List Updated February 26, 2016 Last Name First Name Title/Position City or Township County Date Attended Training Expires Anderson Mark Assessor Bloomington City Hennepin 11/19/2013 7/1/2017 Dodd Clay Member Bloomington City Hennepin 11/19/2013 7/1/2017 Smith Kent Assessor Bloomington City Hennepin 11/13/2012 7/1/2016 Dahlen Dwight Special Board Member Bloomington City Hennepin 3/21/2013 7/1/2016 Hildestad Dale Special Board Member Bloomington City Hennepin 3/21/2013 7/1/2016 Meyers Tom Special Board Member Bloomington City Hennepin 3/21/2013 7/1/2016 Ryan Dan Council Member Brooklyn Center Hennepin Online 7/1/2019 Willson Tim Mayor Brooklyn Center Hennepin Online 7/1/2019 Kleven Carol Council Brooklyn Center City Hennepin 8/6/2012 7/1/2016 Ryan Dan City Council Member Brooklyn Center City Hennepin 10/9/2012 7/1/2016 Willson Tim Mayor Brooklyn Center City Hennepin 8/6/2012 7/1/2016 Parks Terry Council Member Brooklyn Park Hennepin Online 7/1/2019 Gates Rich Council Member City of Brooklyn Park Hennepin Online 7/1/2019 Crandall Kris Council Member City of Clearwater Hennepin 9/11/2013 7/1/2017 Lynch Diane Council member City of Corcoran Hennepin 11/19/2013 7/1/2017 McVeety Roger Board Member City of Edina Hennepin Online 7/1/2019 Slichter Alex LBAE Member City of Edina Hennepin 8/19/2014 7/1/2018 Smith Scott LBAE Member City of Edina Hennepin 8/19/2014 7/1/2018 Fulkerson Mary Jo Council City of Excelsior Hennepin 8/19/2014 7/1/2018 Miller Greg Council City of Excelsior Hennepin 8/19/2014 7/1/2018 Jaeger Karen Council City of Maple Grove Hennepin 8/19/2014 7/1/2018 Anderson Terrill Member City of St. Bonifacia Hennepin 11/19/2013 7/1/2017 Brausen Tim Council City of St. Louis Park Hennepin 8/19/2014 7/1/2018 Lindberg Gregg Council City of St. Louis Park Hennepin 8/19/2014 7/1/2018 Dahl Elizabeth Council Member Crystal Hennepin Online 7/1/2019 Deshler Julie Council Member Crystal Hennepin 11/12/2013 7/1/2017 Hoffmann Mark Council Member Crystal Hennepin 11/12/2013 7/1/2017 Kolb Jeff Council Member Crystal Hennepin Online 7/1/2019 Lucero Eric Council Member Dayton City Hennepin 3/21/2013 7/1/2016 McNeil Tim Mayor Dayton City Hennepin 3/21/2013 7/1/2016 Salonek Scott Council Member Dayton City Hennepin 3/21/2013 7/1/2016 Ziebell Anne Council Member Dayton City Hennepin 3/21/2013 7/1/2016 Gustafson Darel Council Member deephaven Hennepin Online 7/1/2019 Jewett Tony Council Member Deephaven Hennepin Online 7/1/2019 Skrede Paul Mayor Deephaven Hennepin Online 7/1/2019 Thompson Nate Board Member Eden prairie Hennepin Online 7/1/2019 2. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.ci.crystal.mn.us PROCLAMATION ARBOR DAY CELEBRATION MAY 4, 2016 WHEREAS, Crystal is a tree city and has been a tree city since 1998; and WHEREAS, the Crystal Parks & Recreation Commission serves as Crystal’s Tree Board; and WHEREAS, as Crystal’s Tree Board, the Parks & Recreation Commission holds an annual community event to recognize the importance of trees in our community, to provide information to residents on the importance of trees for shade, wildlife habitat, erosion prevention, and WHEREAS, the City of Crystal wishes to promote the Parks & Recreation Commission and their Arbor Day Celebration. NOW, THEREFORE, I, Jim Adams, Mayor of City of Crystal, do hereby thank the Parks & Recreation Commission for hosting an Arbor Day celebration at 6:00 P.M. on Wednesday, May 4, at North Lions Park. Dated this 5th day of april, 2016. Jim Adams, Mayor 4.1 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion and Integrity” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: March 31, 2016 SUBJECT: CHIEF’S AWARD ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM On February 29, 2016 at midnight, an individual driving a stolen vehicle fled from Crystal Police Officers. Officers searched the residential area for nearly an hour with no success in finding the suspect. A citizen by the name of Ms. Abby Anderson observed the police presence in her neighborhood and learned of the search for the suspect. Shortly after 1 a.m., while looking out of her windows, she saw a suspicious individual. She called 911 and dispatchers alerted the Officers on the street of her location. Shortly thereafter, Officers were able to locate the suspect and make an arrest. A more detailed account of the incident will be included in the presentation. As always, please let me know if you have any questions. 5.1 Crystal City Council Work Session Minutes March 15, 2016 Page 1 of 1 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 6:32 p.m. on Tuesday, March 15, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. I. ATTENDANCE The secretary recorded the attendance with the following members: COUNCIL: Present: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. STAFF: Acting City Manager J. Sutter, Police Chief S. Revering, Assessing/Customer Service Specialist G. Petschl and City Attorney T. Gilchrist. OTHER: Hennepin County Principal Appraiser R. Winge and Appraiser M. Bickman. II. AGENDA The Council and staff discussed the following agenda item: 1. Preview of Local Board of Appeal and Equalization meeting with County Assessors. III. ADJOURNMENT The work session adjourned at 6:52 p.m. ______________________________ Jim Adams, Mayor ATTEST: _____________________________ Gail Petschl Assessing/Customer Service Specialist Crystal City Council Meeting Minutes March 15, 2016 Page 1 of 5 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, March 15, 2016 at 7:00 p.m. in the Council Chambers at 4141 Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order. ROLL CALL Mayor Adams asked the secretary to call the roll for elected officials. Upon roll call, the secretary recorded the following attendance: COUNCIL: Present: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Absent: None. STAFF: Acting City Manager J. Sutter, Public Works Director/City Engineer M. Ray, Police Chief S. Revering, City Attorney T. Gilchrist and Assessing/Customer Service Specialist G. Petschl. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in the Pledge of Allegiance. 2. APPROVAL OF AGENDA The Council considered approval of the agenda. Moved by Councilmember Kolb and seconded by Councilmember Peak to approve the agenda. Motion carried. 3. APPEARANCES 3.1 Police Chief Stephanie Revering presented the Police Chief’s Award to Jennifer Auger and Cameron Auger-Pippi. 4. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from February 29, 2016; b. The Council Work Sessions from February 29, 2016; and c. The Council Work Session from March 10, 2016. Moved by Councilmember Kolb and seconded by Councilmember Peak to approve the above minutes in a single motion. Motion carried. Crystal City Council Meeting Minutes March 15, 2016 Page 2 of 5 5. CONSENT AGENDA The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; and 5.2 Approval of a resolution accepting donations in the amount of $179.94 for the Crystal K- 9 Unit Fund from various donation boxes. Moved by Councilmember Parsons and seconded by Councilmember Dahl to approve the consent agenda. Motion carried. 6. OPEN FORUM The following person addressed the Council: • Burt Orred, 6700 60th Ave N, expressed concern about his property value assessment. 7. PUBLIC HEARING 7.1 The Mayor announced the purpose of the Public Hearing: To receive comment and consider a resolution to order project and preparation of plans and specifications for the 2016 Alley Reconstruction Project No. 2016-07. Public Works Director/City Engineer Mark Ray addressed the Council. The Mayor opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Councilmember Deshler and seconded by Councilmember Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 54 ORDERING PUBLIC IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR ALLEY RECONSTRUCTION PROJECT #2016-07 Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried, resolution declared adopted. Crystal City Council Meeting Minutes March 15, 2016 Page 3 of 5 8. REGULAR AGENDA 8.1 The Council considered approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Moved by Councilmember Kolb and seconded by Councilmember Libby to approve the list of disbursements over $25,000. Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 8.2 The Council considered contributions from the City Initiatives Fund to NEAR and PRISM Food Shelves. Acting City Manager J. Sutter addressed the Council. Moved by Councilmember Deshler and seconded by Councilmember Parsons to approve contributions of $284 each to NEAR and PRISM food shelves. Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 8.3 The Council considered a resolution awarding construction contract for the 2016 Sanitary Sewer CIPP Lining Project No. 2016-08. Public Works Director/City Engineer Mark Ray addressed the Council. Moved by Councilmember Peak and seconded by Councilmember Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 55 AWARD CONTRACT FOR SANITARY SEWER CIPP LINING PROJECT # 2016-08 Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried, resolution declared adopted. 8.4 The Council considered resolutions to declare the amount to be assessed, order preparation of assessment roll and set a date for the assessment hearing for the 2016 Street Reconstruction Phase 15 Twin Oaks Park Project No. 2015-15. Public Works Director/City Engineer Mark Ray addressed the Council. Crystal City Council Meeting Minutes March 15, 2016 Page 4 of 5 Moved by Councilmember Deshler and seconded by Councilmember Kolb to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 56 DECLARING AMOUNT TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL PHASE 15 TWIN OAKS PARK STREET RECONSTRUCTION PROJECT # 2015-15 Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried, resolution declared adopted. Moved by Councilmember Deshler and seconded by Councilmember Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 57 ORDERING HEARING ON PROPOSED ASSESSMENT PHASE 15 TWIN OAKS PARK STREET RECONSTRUCTION – PROJECT # 2015-15 Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried, resolution declared adopted. 9. INFORMATION AND ANNOUNCEMENTS The following announcements were read: a. The Crystal Business Association meets on Wednesday, March 16, at 8:30 a.m. at Crystal City Hall and features the Mayor’s 2016 State of the City. b. West Metro Fire-Rescue District’s annual food drive is Saturday, March 19 from 11:00 a.m. – 3:00 p.m. For more information visit www.wmfrd.org c. Crystal VFW Post #494 is hosting Bowling for Rocco event on Sunday, March 20 at Doyle’s, 11 a.m. – 1 p.m. d. The next City Council meeting begins at 7:00 p.m. on Tuesday, April 5, in the Council Chambers at City Hall. e. Girl and Boy Scout troops interested in leading the pledge at future regular City Council meetings may contact City staff for information. f. All City Council meetings and work sessions are open to the public as well as recorded and available for viewing or listening at www.crystalmn.gov. Crystal City Council Meeting Minutes March 15, 2016 Page 5 of 5 The City Council also announced that they would be bagging groceries Saturday, March 19, at the Crystal Cub from 11 a.m. – 3 p.m. 10. ADJOURNMENT Moved by Councilmember Deshler and seconded by Councilmember Peak to adjourn the meeting. Motion carried. The meeting adjourned at 7:29 p.m. Crystal City Council Work Session Minutes March 15, 2016 Page 1 of 1 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 8:12 p.m. on Tuesday, March 15, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. I. ATTENDANCE The secretary recorded the attendance with the following members: COUNCIL: Present: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. STAFF: Acting City Manager J. Sutter, Police Chief S. Revering, Public Works Director/City Engineer M. Ray, Deputy Police Chief D. Leslin, Assessing/Customer Service Specialist G. Petschl and City Attorney T. Gilchrist. II. AGENDA The Council and staff discussed the following agenda items: 1. 2015 Crystal Police Department Annual Report 2. Constituent issues update 3. New business 4. Announcements III. ADJOURNMENT The work session adjourned at 8:45 p.m. ______________________________ Jim Adams, Mayor ATTEST: _____________________________ Gail Petschl Assessing/Customer Service Specialist 7.1 Page 1 of 2 APPLICATIONS FOR CITY LICENSE April 5, 2016 GAS INSTALLER All American Heating & Air 3600 72nd Ave N Brooklyn Center, MN 55429 Assured Comfort LLC P O Box #6 Roberts, WI 54023 E & J Heating Inc 1616 37th St SE Buffalo, MN 55313 Knott Mechanical 3961 Quebec Ave New Hope, MN 55427 Larson Plumbing 3095 162nd Lane NW Andover, MN 55304 Ray N Welter Heating Co 4637 Chicago Ave S Minneapolis, MN 55407 Residential Heating 1815 E 41st St Minneapolis, MN 55407 Riccar Heating 2387 Station Pkwy NW Andover, MN 55304 Sustainable Heating & Cooling 21646 Thames St Wyoming, MN 55092 T & E Mechanical Services 2001 87th Trail Brooklyn Park, MN 55443 Twin City Fireplace Co 6521 Cecilia Circle Edina, MN 55439 Zahler Heating & A/C 6985 Washington Ave S Edina, MN 55439 PLUMBER Adam’s On Time Plumbing 13791 Jonquil Lane N Dayton, MN 55327 Alexander Plumbing 1628 County Hwy 10 #34 Spring Lake Park, MN 55432 Ecowater Systems 3208 1st St S Waite Park, MN 56387 JD Plumbing LLC 10168 Boone Circle Bloomington, MN 55438 Larson Plumbing 3095 162nd Lane NW Andover, MN 55304 Mark McCollum Plumbing 15136 74th Ave N Maple Grove, MN 55311 Slate Plumbing 2025 Creekside Way St Paul, MN 55119 Terry Overacker Plumbing 183 157th Ave NW Andover, MN 55304 Tharaldson Plumbing & Heating 6621 Elliot Ave S Richfield, MN 55423 RENTAL – NEW 6415 Brentwood Ave N – Broeks Properties 3 LLC (Conditional) 5127 Edgewood Ave N – David and Irene Moore (Conditional) 7724 59th Ave N – Justin Quirk RENTAL – RENEWAL 5117 Bernard Ave N – Anthony Brichacek 3609 Brunswick Ave N – Dakota’s Children Inc 5141 Edgewood Ave N – Dennis J O’Keefe (Conditional) 5301 Edgewood Ave N – Subhasbhai Patel (Conditional) 5336 Georgian Ave N – Lamont and Anne Purnell 3220 Hampshire Ave N – Kevitt Development (Conditional) 3809 Hampshire Ave N – Edward Sodergren (Conditional) 3813 Hampshire Ave N – Jackie Lynn Gates 4529 Hampshire Ave N – Siri T Gromsrud 5943 Idaho Ave N – Seth Jacobson 4025 Jersey Ave N – Homeward Bound Inc (Conditional) 5204 Jersey Ave N – John Meehan (Conditional) 5249 Jersey Ave N – ADESAH LLC (Conditional) 5324 Jersey Ave – Andrew Patrias 2960 Kentucky Ave N – Janor Bougerie 3012 Kentucky Ave N – Lauren Rheault 3146 Kentucky Ave N – Nicolas Cortes 7.1 Page 2 of 2 4801 Kentucky Ave N – GL Enterprise LLC 6804 Lombardy La – Raymond and Cindy Scherbing (Conditional) 3132 Louisiana Ave N – Joseph Bongaarts and Christy Pfann 3447 Louisiana Ave N – Olivet Baptist Church (Conditional) 5640 Nevada Ave N – R & B Management II LLC (Conditional) 5756 Nevada Ave N – R J Mathieu ETAL 5748 Perry Ave N – Kyle Bauman (Conditional) 3347 Utah Ave N – IH2 Property Illinois, LP 3101 Virginia Ave N – Redeemer Reformed Church (Conditional) 3431 Welcome Ave N – Mark and Barbara Ylitalo (Conditional) 3519 Welcome Ave N – Stephen Burson 3816 Welcome Ave N – Brent Berg (Conditional) 5773 West Broadway – West Broadway Investments LLC (Conditional) 4242 Xenia Ave N – Verne Betlach (Conditional) 5540 Xenia Ave N – Harold Creek 4712 Zane Ave N – Charles P Amos (Conditional) 7909 30th Ave N – IH3 Minnesota LP (Conditional) 6125 32nd Ave N – Marie Ahlers 7255 32nd Ave N – J Nunez and M Sicilia 5808-5812 36th Ave N – Thielen Management LLC 6809 36th Ave N – Homeward Bound Inc 6901 36th Ave N – Donna Stangler 6802 37th Ave N – Kevin Kreatz 5720 43rd Ave N – Homeward Bound Inc 6820-6824 44th Ave N – Steve Hinrichs (Conditional) 5724 45th Ave N – PK Investment Properties (Conditional) 6323 45th Pl N – Teresa Thornton Trustee 7020 45th Pl N – Ronald Seubert (Conditional) 5317 48th Ave N – Brummer Realty (Conditional) 6313 50th Ave N – Larwin Kauffman 5427 54th Ave N – Joshua Brod (Conditional) 5724 56th Ave N – Crystal Ventures LLC (Conditional) 4925 56th Pl N – Igor Grad (Conditional) 4727 57th Ave N – Hanson Brothers Investment Group LLC (Conditional) 7717 59th Pl N – Mark and Jodi Heiden (Conditional) TREE TRIMMER A to Z Tree Care 37880 Skyview Rd Hillman, MN 56338 Nick’s Tree Service 9000 Foxline Dr Corcoran, MN 55340 North Star Tree Care 11951 Lake Rd Pierz, MN 56364 TOBACCO M & A Inc dba Crystal Tobacco 6410 56th Ave N Crystal, MN 55428 CITY OF CRYSTAL RESOLUTION NO. 2016 - RESOLUTION ACCEPTING DONATIONS FROM ARMSTRONG COOPER YOUTH HOCKEY ASSOCIATION, CRYSTAL LIONS, MINNEAPOLIS ELKS LODGE #44, NORTHERN LIGHTS COLLECTORS’ CLUB, RUDOLPH PRIEBE POST #172, VFW POST #494 AND VARIOUS INDIVIDUALS WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donor Purpose Amount Armstrong Cooper Youth Hockey Association Crystal Frolics $1,839.79 Crystal Lions Becker Park Arts & Entertainment $1,000.00 Minneapolis Elks Lodge #44 Crystal Airport Open House $750.00 Northern Lights Collectors’ Club (Robin Lee’s Hallmark) Crystal K-9 Unit $200.00 Rudolph Priebe Post #172 Crystal Airport Open House $500.00 VFW Post #494 Becker Park Arts & Entertainment $1,000.00 Various individuals from Bowling for Rocco Fundraiser Crystal K-9 Unit $4,036.15 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for their generous donations. Dated this 5th day of April, 2016. By:__________________________ Jim Adams, Mayor ATTEST: _________________________ Chrissy Serres, City Clerk 7.2 7.3 7.3 Memorandum DATE: March 29, 2016 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director SUBJECT: Consider a Resolution Amending the 2016 Police Equipment Revolving Fund Budget. Background: The adopted 2016 Police Equipment Revolving Fund (PERF) budget includes $4,000 for the purchase of two defibrillator units. After evaluating equipment this winter, the department has concluded that there is a greater need for a new radar unit than there is for the defibrillator units. The Police Department is requesting that the PERF budget be amended to reduce the appropriation for defibrillator units by $4,000 and increase the appropriation for radar units by $4,000. Conclusion I recommend that the City Council consider adoption of the attached resolution amending the 2016 Police Equipment Revolving Fund budget. 7.4 City of Crystal RESOLUTION NO. 2016-___ AMENDING THE 2016 POLICE EQUIPMENT REVOLVING FUND BUDGET WHEREAS, Section 7.05 of the City of Crystal Charter requires adoption of annual budgets for the City, and WHEREAS, the City Council may amend the budget during the course of the year. NOW, THEREFORE, BE IT RESOLVED that the Police Equipment Revolving Fund 2016 Budget is amended as follows: Business Unit Description Change to 2016 Budget 3540 Defibrillator units -$4,000 3537 Radar units $4,000 Total Net Change to Appropriations $0 Adopted by the Crystal City Council this 5th day of April, 2016. ___________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 7.4 7.5 ____________________________________________________________________ FROM: Chrissy Serres, City Clerk ____________________________________________________________________ DATE: March 28, 2016 TO: Mayor and City Council City Manager Anne Norris CC: City Attorney RE: Establishing the dates & offices for 2016 municipal elections Minnesota election law requires the City Council to adopt a resolution establishing the dates and municipal offices for 2016 elections. Below is an abbreviated summary of the 2016 election calendar: • Candidate filing period: May 17 – May 31 • Last day for voters to pre-register for Primary Election: July 19 • Absentee voting open for Primary Election: June 24 – August 8 • State Primary Election: August 9 • Last day for voters to pre-register for General Election: October 18 • Absentee voting open for General Election: September 23 – November 7 • State General Election: November 8 Council action requested Adopt the attached resolution establishing dates and municipal offices for the 2016 elections and direct the City Clerk to prepare a legal filing notice to be published in the SunPost on Thursday, April 28, 2016. (The notice will be posted at City Hall and on the City’s website.) COUNCIL STAFF REPORT Establishing dates and offices for 2016 municipal elections 7.6 CITY OF CRYSTAL RESOLUTION NO. 2016 - A RESOLUTION ESTABLISHING DATES AND OFFICES FOR THE 2016 MUNICIPAL ELECTION WHEREAS, elections in the City of Crystal are conducted in accordance with the general laws of the State of Minnesota, Chapter 4 of the City Charter, and Crystal City Code, Section 215; and WHEREAS, primary elections are held on the second Tuesday in August in each even- numbered year and general elections are held on the first Tuesday after the first Monday in November in each even-numbered year, and WHEREAS, affidavits of candidacy together with a filing fee or nominating petition shall be filed not more than 84 days nor less than 70 days before the primary; and WHEREAS, by the Crystal City Council that in the event that three or more candidates file for the same municipal office, the municipal primary election will be held on August 9, 2016; and WHEREAS, the general election will be held on November 8, 2016; and WHEREAS, the following municipal offices are up for election in 2016: • Mayor • Councilmember – Section I • Councilmember – Ward 3 • Councilmember – Ward 4 THEREFORE, BE IT RESOLVED that filing dates for municipal candidates will open at 8:00 a.m. on Tuesday, May 17, 2016 and close at 5:00 p.m. on Tuesday, May 31, 2016 at Crystal City Hall. Adopted by the Crystal City Council this 5th day of April 2016. ______________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 7.6 PAGE 1 OF 1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: April 1, 2016 TO: Anne Norris, City Manager (for April 5 meeting) SUBJECT: PUBLIC HEARING: Consider adoption of a resolution approving a vacation of a drainage and utility easement for Professors Addition A. BACKGROUND SVK Development has submitted an application to vacate a drainage and utility easement in Outlot A Professors Addition, which will be supplanted by the final plat for the Gardendale Subdivision. The vacation of this easement was a condition of approval for Gardendale Subdivision, which would dedicate new drainage and utility easements. Therefore, the easement in Outlot A is no longer needed. Notice of the April 5 public hearing was published in the Sun Post on March 24, and mailed to four utility companies: Comcast, CenterPoint Energy, Xcel Energy, and CenturyLink. All four companies have responded by saying they have no objection to the easement being vacated. Attachments: A. Site location map B. Resolution B. REQUESTED ACTION City staff recommends that the drainage and utility easement within Outlot A Professors Addition be vacated, with the following condition of approval: 1. The resolution approving the vacation shall not be released by the City for recording at Hennepin County until the Gardendale Subdivision final plat is also released by the City. City Council motion to approve the proposed resolution (Attachment B) is requested. COUNCIL STAFF REPORT Easement Vacation for Professors Addition 9.1 9.1 477565v2 KRH CR225-429 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2016-________ RESOLUTION APPROVING A VACATION OF A DRAINAGE AND UTILITY EASEMENT WITHIN PROFESSORS ADDITION WHEREAS, SVK Development (“Applicant”) submitted an application to the City of Crystal (“City”) to vacate a drainage and utility easement on land they own within the Professors Addition final plat, which is hereto shown on Exhibit A, and which is legally described in Exhibit B (“Property”); and WHEREAS, the City Council has the authority, pursuant to Minn. Stat. § 412.851, to vacate easements dedicated to the public; and WHEREAS, a drainage and utility easement (“Easement”) currently exists on the Property; and WHEREAS, the Professors Addition is the underlying plat for the proposed Gardendale Subdivision, and since new drainage and utility easements are conveyed in the Gardendale Subdivision, the existing Easement in Professors Addition is no longer needed; and WHEREAS, the City contacted the Property owner, Xcel Energy, CenterPoint Energy, Comcast, and CenturyLink to notify them of the proposed vacation, and they did not object to the vacation of the easement; and WHEREAS, the City Council held a public hearing regarding the vacation request on April 5, 2016 and voted to approve the request with one condition; and WHEREAS, the City Council finds that the vacation would be in compliance with the applicable rules and regulations of the Crystal City Code, and will be in the best interests of the public. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby finds as follows: 1. Vacation of Easement. The Easement within the Professors Addition Final Plat is vacated upon the completion of all the conditions contained herein. 2. Release of Resolution. The resolution approving the vacation shall not be released by the City for recording by Hennepin County until the Gardendale Subdivision final plat is also released by the City. 9.1 477565v2 KRH CR225-429 3. Filing. The City clerk shall prepare a notice of completion of the proceedings and present it to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words “entered in the transfer record.” The notice shall then be recorded with the county recorder. Adopted by the Crystal City Council this 5th day of April, 2016. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 9.1 477565v2 KRH CR225-429 EXHIBIT A Location of Easement Area 9.1 477565v2 KRH CR225-429 EXHIBIT B Legal Description of the Property Outlot A, Professors Addition, Hennepin County, Minnesota 9.1 10.1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: April 1, 2016 TO: Anne Norris, City Manager (for April 5 meeting) SUBJECT: Consider adoption of a resolution approving a final plat for the Gardendale Subdivision A. BACKGROUND SVK Development, owner of properties comprising Gardendale Subdivision, is proposing a final plat to create lots for 10 new single-family homes on two acres located north of 32nd Avenue, between Florida and Hampshire Avenues. All of the properties involved in this application are zoned Low Density Residential (R- 1). The City Council approved the preliminary plat on February 16, 2016. The Council is now being asked to approve the final plat for this development. Attachments: A. Site location map B. Gardendale Subdivision final plat C. Resolution B. ACTIONS AFTER PRELIMINARY PLAT APPROVAL Staff has reviewed the final plat and found it to be in conformance with the preliminary plat approved by the City Council, which was subject to the following conditions: 1. Submit an Abstract of Title or Title Certificate for the land included in the subdivision. This information was submitted by the applicant, reviewed by the City Attorney, and found to be in compliance with the City’s requirements. 2. Submit a Special Land Use Application to vacate the drainage and utility easement in Outlot A, Professors Addition. This application has been submitted and the public hearing for the vacation is on the Council’s agenda for April 5, 2016. 3. Convey the cul-de-sac roadway easement to the City. The conveyance of this easement will be part of the development agreement that the City and SVK will sign. COUNCIL STAFF REPORT Final Plat for Gardendale Subdivision 10.2 4. Submit infrastructure construction plans for review and approval by the City Engineer. These plans have been submitted by the applicant and reviewed and approved by the City Engineer. 5. Receive approval of an erosion control plan by the watershed district. The Bassett Creek Watershed Management Commission has reviewed and approved this plan. 6. Trim tree stumps by February 26, 2016. The applicant has trimmed the shards from the tree stumps at 3215 Florida Avenue North and enclosed the tree stumps with hazard (silt) fencing. The tree stumps are to be removed by May 16, 2016. 7. Sign a development agreement with the City. Staff has been working with the City Attorney and SVK to draft this agreement, and the approval of this agreement is expected to be on the Council’s agenda for April 19, 2016. C. REQUESTED ACTION Staff recommends approval of the Gardendale Subdivision final plat with the following conditions of approval: 1. The minimum building setbacks for the new homes are 30 feet to the front and rear yards, and 5 feet to the side yards. No part of the home, including eaves, may be located in a drainage and utility easement. For lots 1 and 2, Block 2, the front setback is measured from the cul-de-sac easement line. 2. If desired by the property owner of 6600 - 32nd Avenue North, the applicant will construct a new curb cut for that property on the extension of Georgia Avenue North. 3. If the overhead utility lines in Lots 5 and 6, Block 2 are relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. 4. By May 16, 2016 the applicant shall remove the tree stumps at 3215 Florida Avenue North. 5. Prior to the release of the final plat by the City for recording at Hennepin County, the applicant shall: a. Pay the park dedication fee of $11,340 b. Receive approval from the City Council to vacate a drainage and utility easement in the Professors Addition and approval for a development agreement, which SVK shall also sign. City Council motion to approve the proposed resolution (Attachment C) is requested. 10.2 10.2 °°°°°° ° N O R T H 0 5 0 1 0 0 1 I N C H = 5 0 F E E T S C A L E I N F E E T 1 0 . 2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2016-________ RESOLUTION APPROVING GARDENDALE SUBDIVISION FINAL PLAT WHEREAS, SVK Development (“Applicant”) submitted an application to the City of Crystal (“City”) for final approval of a plat; and WHEREAS, the plat will create parcels for 10 new single-family homes; and WHEREAS, the City Planner’s report, including attachments, dated April 1, 2016 regarding this matter, which is attached hereto as Exhibit A, is incorporated herein and made part of this final plat approval except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the final plat is in compliance with the applicable rules and regulations of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby approves the Gardendale Subdivision final plat subject to compliance with all of the following conditions of approval: 1. Setbacks. The minimum building setbacks for the new homes are 30 feet to the front and rear yards, and 5 feet to the side yards. No part of the home, including eaves, may be located in a drainage and utility easement. For lots 1, and 2, Block 2, the front setback is measured from the cul-de-sac easement line. 2. Curb Cut. If desired by the property owner of 6600 - 32nd Avenue North, the applicant will construct a new curb cut for that property off of the extension of Georgia Avenue North. 3. Overhead Utility Lines. If the overhead utility lines in Lots 5 and 6, Block 2 are relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. 4. Tree Stumps. By May 16, 2016 the applicant shall remove the tree stumps at 3215 Florida Avenue North. 5. Release of Final Plat. Prior to the release of the final plat by the City for recording by Hennepin County, the applicant shall: a. Pay the park dedication fee of $11, 340 b. Receive approval from the City Council to vacate a drainage and utility easement in the Professors Addition and approval for a development agreement, which SVK shall also sign. 10.2 6. Compliance. The final plat is subject to the applicable requirements of the City Code, and the Applicants are required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and are required to obtain such other permits and permissions as may be required. 7. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of the final plat shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 8. Binding Effect. This final plat and the conditions placed on their approval, are binding on the Applicants, their successors and assigns, shall run with the Property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the Applicants under these approvals shall also be the obligations of the current and any subsequent owners of the Property. 9. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this final plat shall automatically be deemed acceptance of, and agreement to, the terms and conditions without qualification, reservation, or exception. Adopted by the Crystal City Council this 5th day of April, 2016. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 10.2 EXHIBIT A Planner’s Report (attached hereto) 10.2 Memorandum DATE: March 30, 2016 TO: Anne Norris, City Manager Mayor and City Council Members FROM: Gene Hackett, Recreation Director SUBJECT: Purchase of Half Pipe Ramp for the Skate Park Summary The Skate Park was originally built in 2006 with additional equipment added in 2007. The Crystal Skate Park equipment is scheduled for an upgrade in 2016. A half pipe ramp would be added to the park adding a new, exciting element to the layout. The piece would be installed by City staff in early June to be in use during the busy summer months. Two price quotes were received: St. Croix Recreation/American Ramp Company $20,895.00 Landscape Structures/Skate Wave $23,558.00 The 2016 PIR budget includes a $20,000 expenditure for this item. Recreation staff applied for and received a Hennepin Youth Sports Equipment Grant that will reimburse the City in the amount of $10,000 once the ramp has been purchased and installed. Recommended Action Motion to authorize the purchase of a half pipe ramp for the Skate Park from St. Croix Recreation/American Ramp Company. 10.3 RESOLUTION NO. 16- RESOLUTION APPROVING PIR EXPENDITURE FOR PURCHASE OF A HALF PIPE RAMP FOR THE CRYSTAL SKATE PARK WHEREAS, the City Manager’s Office has received and recommends approval of said appropriations, and WHEREAS the expenditure is included in the 2016 PIR Budget and, WHEREAS the Crystal City Council hereby acknowledges: 1. That the Skate Park Half Pipe Ramp a benefit to the City and is consistent with the City’s long range goals, programs and policies. 2. The most suitable source of funding is the PIR fund. 3. A Hennepin Youth Sports Equipment Grant was received to reimburse the City $10,000 of the cost of the half pipe ramp. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CRYSTAL hereby appropriates moneys in the amount of: $20,835.00 from the PIR fund for the purchase of half pipe ramp for the Crystal Skate Park. Adopted by the Crystal City Council this 5th day of April, 2016. ______________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 10.3 10.3 Memorandum DATE: April 5, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director/City Engineer Mick Cyert, Engineering Project Manager SUBJECT: Approve Plans and Specifications and Order Advertisement for Bids Project #2016-07 Alley Reconstruction Project Summary At the March 15, 2016 City Council meeting, the Council conducted the public improvement hearing and ordered the preparation of the plans and specifications for the reconstruction of three alleys in the Welcome Park Neighborhood, Project #2016-07. The Crystal Engineering Department has completed the plans and specifications and the bidding documents are ready to be advertised. If the Council approves the plans and specifications, then they will approve the resolution ordering the advertisement for bids. Sealed bids will then be received until 10:00 A.M., Tuesday, May 10, 2016 at which time they will be publicly opened and read aloud. The project will come before the City Council for action one more time before construction starts. The final approval will be when the Council accepts the bids and awards the contract for construction which is anticipated to be May 17, 2016. Attachments • Project Location Map • Project Schedule Recommended Actions • Motion to approve the Resolution approving plans and specifications for Project #2016-07 2016 Alley Reconstruction. • Motion to approve the Resolution ordering the advertisement for bids for Project #2016-07 2016 Alley Reconstruction. 10.4 10.4 2016 – Concrete Alley Paving Construction Project Process (2016-07) 429 process: Minnesota State Statute 429 outlines the process for assessments for public improvements. 12/23/15 rev 3/28/16 Date Project Step Purpose of Step Council Action Staff Action January 19, 2016 Order preparation of Feasibility Report Ordering the Feasibility Report is a required step in the 429 process. Resolution 2016 February 2, 2016 Accept Feasibility Report and Call for Improvement Hearing The engineer will present the Feasibility Report, the proposed project, an initial cost estimate and potential assessments. As part of the meeting the City Council will also set the date and time for the Improvement Hearing as required by the 429 process Resolution 2016 February 8, 2016 5:30 – 7-30 Neighborhood Meeting Provide a brief overview of the proposed project. Gather resident input on concerns or questions they have about the project Mail Notices February 4, 2016 March 15, 2016 Conduct Improvement Hearing The purpose of this hearing is for the City Council to discuss a specific local improvement before ordering it done. The Council considers all the information in the Feasibility Report and any other information necessary for Council deliberation. At the Improvement Hearing interested persons may voice their concerns, whether or not they are in the proposed assessment area. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing. If the Council rejects the project, it may not reconsider that same project unless another hearing is held following the required notice. Public Hearing Mail notice: February 24, 2016 Ad in paper: February 25 & March 3, 2016 March 15, 2016 Order Improvement and Preparation of Plans and Specifications The project may be ordered any time within 6 months after the Improvement Hearing. It is not advisable to change project parameters after ordering the improvement. Upon ordering the improvement construction drawings and specifications are prepared. Any changes to the project scope after this point will require redesign effort with additional cost and staff time as a result. This also has the potential to delay the project. Resolution 2016 April 5, 2016 Approve Plans and Order Advertisement for Bids This step is a requirement of the 429 process. Resolution 2016 10.4 Date Project Step Purpose of Step Council Action Staff Action April 6, 2016 Publish Ad for Bid in Sun Post News Paper A step in the bidding process. The project will also be advertised on Quest CDN website Publish Ad for Bid Ad in paper April 14 & 21,2016 May 10, 2016 Bid Opening – 10:00 A.M. Bids are opened by staff and tabulated. From here staff will make a recommendation to the City Council for award. Open Bids May 17,2016 Accept Bid and Award Contract City Council approves all the project construction-related contracts. This step is required in the 429 process and allows for the project to move forward with starting the actual construction process. Resolution 2016 Execute contract issue notice to proceed Late July – August, 2016 Construction Once the project is awarded staff manages the day-to-day contract execution. Project Manager or Resident Project Representative is on-site to make sure the project is constructed in accordance to the plans and specifications. Communications between the contractor and city is primarily through the City Engineer, Project Manager and Resident Project Representative. Significant changes will be brought to the City Council for approval prior to the work being executed. Minor changes and field directives are authorized by the City Engineer in advance to maintain the project schedule. Adjustments to estimated quantities occur during the final acceptance of the improvements. Manage Project September 20, 2016 Declare Amount to be assessed Order Preparation of Assessment Roll and Call for Assessment Hearing The City Council will set the date and time for the Assessment Hearing as required by the 429 process. Resolution 2016 October 18, 2016 Conduct Assessment Hearing The purpose of this hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. This is a required step in the 429 process. Properties that went ahead with private driveway and sewer service repair work agreed to waive their right to appeal the assessment for the repair work. Public Hearing Mail Notice September 28, 2016 Ad in paper: September 29 & October 6, 2016 10.4 Date Project Step Purpose of Step Council Action Staff Action October 18,2016 Adopt Assessments City Council must, by resolution, adopt the same as the special assessment against the lands named in the assessment roll. This step is a requirement of the 429 process. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. Resolution 2016 Mail notice of adoption on and explanation of payment options October 20, 2016 November 23, 2015 Assessments Certified to Hennepin County Assessments Certified 10.4 RESOLUTION NO. 2016 - ______ APPROVING PLANS AND SPECIFICATIONS 2016 ALLEY RECONSTRUCTION PROJECT #2016-07 WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City. WHEREAS, the 2016 Alley Reconstruction Project is being constructed in accordance with Minnesota State Statute 429 requirements; and WHEREAS, the City Council ordered preparation of the feasibility report on January 19, 2016; and WHEREAS, the City Council accepted the feasibility report and called for a public improvement hearing on February 2, 2016; and WHERAS, the City Council held the public improvement hearing and ordered preparation of the plans and specifications on March 15, 2016; and WHEREAS, the City’s Engineering Division has prepared the plans and specifications for the proposed project; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby accepts and approves said plans and specifications for the 2016 Alley Reconstruction Concrete Paving, Project #2016-07. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 10.4 RESOLUTION NO. 2016 - ______ ORDERING ADVERTISEMENT FOR BIDS 2016 ALLEY RECONSTRUCTION PROJECT #2016-07 WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City. WHEREAS, the 2016 Alley Reconstruction Project is being constructed in accordance with Minnesota State Statute 429 requirements; and WHEREAS, the City Council ordered preparation of the feasibility report on January 19, 2016; and WHEREAS, the City Council accepted the feasibility report and called for a public improvement hearing on February 2, 2016; and WHERAS, the City Council held the public improvement hearing and ordered preparation of the plans and specifications on March 15, 2016; and WHEREAS, the City’s Engineering Division has prepared the plans and specifications for the proposed project; and WHEREAS, the Crystal City Council accepted and approved said plans and specifications on April 5, 2016; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders the advertisement for bids for the 2016 Alley Reconstruction Concrete Paving, Project #2016-07. Adopted by the Crystal City Council this 5th day of April, 2016. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 10.4 Memorandum DATE: April 5, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director Brad Fortin, Parks/Facilities Superintendent SUBJECT: CCC air conditioning condensing unit replacement Background The 2016 PIR includes upgrading the air conditioning to the Community Center, BU #4340 which has $45,000 allocated for this improvement. The existing 30 ton R-22 Trane condensing unit has been problematic in the past few years and R-22 refrigerant is no longer available to repair the unit. The existing unit is proposed to be replaced with a identical sized 30 ton R-410a unit. Quotes Two quotes were obtained for the air conditioner replacement. UHL Company $24,900 Harris Service $34,610 Additional cost savings for this project was made possible by re-using the existing “A” coils in the air handler. Existing coils were deemed sound by UHL companies. Cost Breakdown Project cost (lowest quote) $24,900 Rebate from XCEL Energy $4,050 Net cost $20,850 Recommended Action Motion to approve the Resolution authorizing the contract with UHL Company for the replacement of the existing air conditioning unit at the Community Center. 10.5 RESOLUTION NO. 2016- _____ APPROVING THE PURCHASE OF A AIR CONDITIONING UNIT FOR THE COMMUNITY CENTER WHEREAS, the existing air conditioning unit has reached the end of its useful life; and WHEREAS, the existing air conditioning unit can no longer be properly serviced due to changes in refrigerant type; and WHEREAS, adequate funds are available in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the contract with UHL Company for the replacement of the air conditioning unit at the Crystal Community Center. Adopted by the Crystal City Council this 5th day of April 2016. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 10.5 Memorandum DATE: April 5, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director Brad Fortin, Parks/Facilities Superintendent SUBJECT: Parks trailer replacement purchase Background Earlier this year the City Council authorized the purchase of a parks truck from the PIR. This was the replacement of Unit #104 (pickup truck), BU #5070 which had $40,000 allocated. The truck came in under budget by $9,696.56. Staff is requesting that a portion of the unspent balance be used to replace an existing 22 year old trailer that has been heavily used. Similar to the trailer replacement last year, the new trailer will reduce wear and tear on primarily mowing equipment. Instead of being driven between mowing locations, the mowers will trailered. The existing trailer will be traded in as part of the transaction. Cost Breakdown Purchase price $7,499 Trade In Allowance ($750) Net Cost $6,749 The new trailer would be purchased off of the State Contract from Minnesota Equipment Inc. Recommended Action Motion to approve the Resolution authorizing the purchase of the parks trailer. 10.6 RESOLUTION NO. 2016- _____ APPROVING THE PURCHASE OF A PARKS DIVISION TRAILER AND AMENDING THE 2016 PERMANENT IMPROVEMENT REVOLVING FUND BUDGET WHEREAS, the existing trailer is nearing the end of its useful life; and WHEREAS, trailers are regularly used for transporting equipment around the City; and WHEREAS, trailers reduce wear and tear on other equipment that would otherwise be driven between job sites; and WHEREAS, the City will purchase the equipment through the current State purchasing contract. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of a parks division trailer. BE IT FURTHER RESOLVED that the Permanent Improvement Revolving Fund 2016 budget is amended to reduce the appropriation for replacement of pickup truck #104 by $7,000 and add an appropriation of $7,000 for the purchase of a parks division trailer. Adopted by the Crystal City Council this 5th day of April 2016. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 10.6 Memorandum DATE: April 5, 2016 TO: City Council FROM: John Sutter, Community Development Director Mark Ray, PE, Public Works Director SUBJECT: Cooperative Agreement with Three Rivers Park District Background As part of the Bassett Creek Regional Trail project, the City and Three Rivers need to enter into a cooperative agreement. The agreement spells out roles and responsibilities related to the trail including easements, design and construction, and use and operation. City staff and attorney have reviewed the agreement and worked with Three Rivers Park District staff and have addressed any concerns to our satisfaction. Three Rivers Park District staff will be available at the meeting to address any Council questions. Attachments • Cooperative agreement with Three Rivers Park District Recommended Action Motion to approve the Resolution authorizing the cooperative agreement with Three Rivers. 10.7 CITY OF CRYSTAL AND THREE RIVERS PARK DISTRICT BASSETT CREEK REGIONAL TRAIL: TRAILWAY COOPERATIVE AGREEMENT This trailway cooperative agreement (the “Agreement”) is made and entered into this ___ day of _____________ 20__, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota (“Park District”), and the City of Crystal, a Minnesota municipal corporation (“City”). WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain park and trail systems; and WHEREAS, Park District promulgates master plans for the development of park facilities including trail systems; and WHEREAS, Park District’s master plans are submitted to the Metropolitan Council for approval; and WHEREAS, Park District’s First Tier Trails, Greenways, and Parks Master Plan includes the Bassett Creek Regional Trail (“Trail”) through the City; and WHEREAS, City provided a resolution of support for the Bassett Creek Regional Trail Master Plan on September 20, 2011; and WHEREAS, Park District prepared a specific master plan for the Trail in cooperation with the City that was approved by the Metropolitan Council on January 11, 2012; and WHEREAS, Park District Board of Commissioners adopted the Bassett Creek Regional Trail Master Plan on February 16, 2012; and WHEREAS, Park District and City desire to cooperate to obtain and/or transfer property rights, design, construct, reconstruct, operate and maintain a continuous and contiguous Trail corridor located in the City employing their own powers; and WHEREAS, this agreement defines the roles and responsibilities for each party for the Trail through the City; and NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park District agree as follows: 10.7 A. Property Rights. 1. Easements City, where it owns fee title and has rights to do so, shall convey to Park District a permanent non-exclusive easement for trail purposes in the form of the Public Trailway Easement Agreement (hereinafter “Easement”) attached hereto as Exhibit A for the Trail route previously approved by City and as illustrated in the attached Exhibit B. Said Easement shall provide continuous and contiguous Trail corridor and shall be conveyed within 60 days of the execution of this Agreement. In the event private property rights are required to provide a continuous and contiguous corridor for the Trail or to meet the required Easement width, Park District shall secure necessary property rights except as provided herein. City agrees to work with the Park District to provide it such authorizations as it may need to acquire any property rights as necessary to provide a continuous and contiguous corridor of adequate width through direct purchase. In the event the City has an opportunity through its own municipal powers (i.e. plat approval, subdivision, development agreements, or similar, but not including eminent domain) to secure private property rights necessary to provide a continuous and contiguous corridor for the Trail or to meet the required Easement width, the City shall be responsible to obtain said private property rights. Park District will reimburse City for amount paid, if any, for property rights if first approved by Park District. City shall be responsible for all other associated acquisition costs. The parties recognize that certain segments and road/railroad crossings for the Trail may require agreements with third parties such as the Minnesota Department of Transportation (“MnDOT”) or Hennepin County. The parties to this Agreement shall cooperate to secure necessary permissions to use such crossings, bridges, and right-of-way. In the event that necessary permissions cannot be secured, this Agreement may be terminated by the Park District. Park District shall not be obligated to proceed with any obligation in this Agreement until City has conveyed Easement to the Park District for all areas where City has rights to do so. If City cannot convey Easement by June 1, 2016, the Park District may terminate this Agreement and neither City nor Park District shall have any obligation hereunder. 2. Limited Use Permit: Certain segments of the Easement lie within platted rights-of-way and easement areas where City does not have an interest in real property but does have the legal authority to construct, maintain and operate sidewalks, trails, and other such public ways. In such cases, City shall convey to Park District a Permanent Irrevocable Limited Use Permit (LUP), where it has rights to, for trail purposes. Said LUP shall be executed separately from this Agreement, shall serve as a license to Park District to construct, operate and maintain the Trail within the LUP area to provide a continuous and contiguous Trail corridor, and shall be conveyed within 60 days from the execution of this Agreement. 10.7 3. Changes to Property Rights: In the event City’s right to so maintain the Trail within these segments of the Easement or LUP is lost by vacation, condemnation, revocation of license or permit, or otherwise, City will acquire such additional rights, titles and interests as are needed to assure a continuous and contiguous Trail corridor of adequate width through the Easement at City expense. If the loss of such right to maintain a trail within right-of-way areas occurs after construction of the Trail, the City shall acquire such additional right, title or interest and reconstruct the Trail, if necessary, at City expense. The City represents that it currently has the legal right and authority to construct and maintain Trail within such platted rights- of-way. For the segments of Trail Route on private property as illustrated in the attached Exhibit A, Park District shall acquire property rights through direct purchase or eminent domain as necessary at no cost to City. City agrees to work with the Park District to provide such authorizations as are needed for the Park District to acquire property rights through direct purchase or eminent domain as necessary to provide a continuous and contiguous corridor. In the event the City acquires property rights from private parties to assist the Park District in securing a continuous and contiguous trail corridor of adequate width, the Park District will reimburse City for the amount paid for the property rights, if amount paid is first deemed reasonable by the Park District. If City cannot acquire and convey the LUP to Park District, where it has rights to do so, within six (6) months following execution of this Agreement, the Park District shall not be obligated to proceed with any obligation under this Agreement and further this Agreement may be terminated by Park District. B. Financing. A fundamental component of the Trail's financing plan is a $922,880 Federal Transportation Enhancement Fund Program Grant. If for any reason this grant is lost or otherwise terminated, the Park District may, at its sole discretion, terminate this Agreement and shall not be obligated to fulfill any outstanding terms and conditions of this Agreement not previously performed except to return unrecorded property rights and/or take such measures as may be necessary to cancel the property rights. Park District will not reimburse City for indirect City costs incurred by City including, but not limited to, staff costs, costs of consultants and advisors, legal fees, filing fees, permit fees, or any other expense, which do not represent direct approved design or construction costs. City shall not seek reimbursement from Park District for design and construction costs related to the non-regional trail items. C. Design and Construction. Design and construction of the Trail and associated structures and road crossings shall be in accordance with the Bassett Creek Regional Trail Master Plan, Typical Trail Sections (Exhibit C) and standards and guidelines adopted 10.7 by the Park District. Park District will have final discretion over regional trail and safe crossing design and the interpretation and execution of engineering best practices. Park District will coordinate and fund the Trail design and construction. Park District may, in its sole discretion, contract with consultants to provide professional services including, but not limited to, design development, bidding documents, construction plans and specifications, contract document preparation, construction administration, and project closeout. Park District shall submit all Trail plans to City for review and approval, provided however, that approval shall not be unreasonably withheld. Park District will coordinate the relocation of utilities as necessary to construct the Trail in accordance with this Agreement. Park District shall not be responsible for utility relocation costs within City rights-of-way except for any necessary relocation of city-owned utilities. Park District shall pay for the relocation of any City-owned utilities. City shall enforce its franchise agreements with utility companies and require utility companies to relocate utilities at their own expense. Park District shall be responsible for bidding and construction of the Trail and trail related structures in accordance with approved construction plans and specifications. Construction shall commence following: (1) conveyance to Park District of property rights in accordance with Section A, Property Rights, of this Agreement, (2) Park District and City approval of plans and specifications, (3) establishment of construction funding in the Park District Asset Management Program and/or from other external grants/parties, and (4) fulfillment of all grant/external funding source parameters. D. Permits and Assessments. City shall grant the Park District all City approvals, City permits, and other official City permissions necessary to operate, maintain, construct and reconstruct Trail. In consideration of the Park District’s performance under this Agreement including its maintenance obligations, City hereby agrees that the Park District shall not be subject to assessment by the City pertaining to improvements made on the lands included in, or adjacent to, the Easement or LUP areas. E. Inconsistent Rights. The City, for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the right to construct any structures or improvements on the Easement or LUP areas, which are inconsistent with the rights and interests herein granted to Park District, but the City shall otherwise have the right to use the Easement or LUP area and to grant to others such rights. F. Operation of Trail. Park District and its agents and licensees shall have the sole and exclusive right and authority to operate and control the Trail and to establish rules and regulations governing its use to the extent not in conflict with ordinances, policies and regulations of the City. 10.7 G. Trail Uses and Purposes. Trail shall be open to the general public and be used exclusively for non- motorized outdoor recreation and commuter activities, including but not limited to walking, jogging, skating, and biking. The use of electric-assisted bicycles as defined in Minnesota State Law and other Power Limited Mobility Devices as defined by the Americans with Disabilities Act and in accordance with Park District Policy are permitted. In addition, motor vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted on the Trail. Pursuant to Section 6(f) of the L&WCF Act, the Park District shall cooperate with the City to ensure compliance with the continuing requirements of the LAWCON grant agreement as applicable for City-owned park land. H. Winter Use. As of the date of this Agreement, Park District policy is to leave Trail open to the public in winter, but perform no winter maintenance. Park District reserves the right to operate and maintain Trail for winter use in its sole discretion. Upon request from the City, the Park District will issue a Winter Use Permit to the City to operate and maintain any portion of the Trail during winter months. Such permit will require City, among other things, to assume responsibility for trail maintenance, operation and liabilities associated with winter use for the identified portions of the trail. I. Maintenance of Trail. Park District will be responsible for the renovation, replacement, repair, maintenance, and upkeep of Trail except bridges, tunnels and other structures owned by others, and as provided in Paragraph H. Park District shall be solely responsible for establishing maintenance standards for Trail, which will be consistent district-wide. City shall be responsible for maintaining lawn areas adjacent to Trail within the Easement or LUP area. City shall be responsible for removing vegetation from outside the Easement or LUP area which obstructs the use or safety of Trail including adjacent safety zones in accordance with Exhibit C – Typical Trail Section to the extent the City can reasonably acquire the right to perform such work. J. Signage. Park District shall provide all trail regulatory signs, roadway crossing treatments such as pedestrian striping, road signs and/or other treatments as prescribed by the Minnesota Manual on Uniform Traffic Control Devices (Mn MUTCD), as a part of the design and construction of the Trail. City shall be responsible for maintaining roadway crossing treatments such as pedestrian striping, road signs and/or other treatments as prescribed by Mn MUTCD, unless otherwise agreed upon by City and Park District, or as appropriate when the Trail cross a City, County or State roadway where a City obligation exists. The Park District shall be responsible to furnish, install, and maintain the trail information sign/kiosk program at Park District expense. Park District shall be responsible for providing Trail signage. Signage will indicate that the Trail is a 10.7 regional trail of the Park District. City may provide additional signage within the Easement and LUP area, provided however, that Park District approves such additional signage and that signage is not in conflict with trail clearance and safety zones as illustrated on Exhibit C – Typical Trail Section. City shall be responsible for providing and maintaining such additional signage at City expense. All signage must comply with City ordinances. K. Utilities. City shall at all times retain the right to maintain, repair or replace any utilities and related facilities in, on, or under said Trail and install such utilities and related facilities provided, that if any such activities by the City shall or may damage or limit the use of the Trail, the City will give the Park District thirty (30) days prior written notice of the same, except in cases of emergency. In cases of emergency, the City will notify the Park District as soon as is reasonably practicable and no later than three (3) days after commencement of the work. In any event, the City will upon completion of such activities so affecting the Trail or any portion thereof, restore the Trail as near as possible to its condition existing before such maintenance, repair, replacement or other activities of the City within 60 days. City and Park District recognize that prior notice is needed to develop temporary detour routes and temporary signage. City and Park District will cooperatively determine and implement a temporary detour route when feasible. L. Law Enforcement. The City will patrol and police the Trail in such manner and by such persons as the City shall deem necessary, and may enforce all rules and ordinances of the City except as provided herein. Notwithstanding anything herein to the contrary, the Park District shall have the right to enforce its rules, regulations and ordinances with respect to the Trail. City shall not promulgate any ordinance, rule, or regulation that contravenes any ordinance, rule, or regulation of Park District with respect to the Trail or that contravenes this Agreement. M. Indemnification. City and Park District each shall indemnify, defend and hold harmless the other from any loss, liability, cost, damage and claim arising from any act or omission on the part of its officers, employees, agents, contractor or representatives in connection with the use, occupancy, development, operation, maintenance and repair of the Trail, including any attorney fees and expenses incurred in defending any such claim. Nothing herein shall change or otherwise affect the liability limits or immunities established under Minn. Stat. Ch. 466, as amended. The liability limitations and immunities established in Minn. Stat. Ch. 466 shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth in Minn. Stat. Ch. 466 by attempting to aggregate the statutory amounts applicable to the Park District or the City. N. Successor and Assigns. The Agreement shall be binding upon the parties hereto and their respective successors and assigns, provided, however, that neither Park District nor City shall have the right to assign its rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party. 10.7 O. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. P. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such party’s standing to exercise any other right or remedy. Q. No Agency. Nothing contained herein and no action by either party hereto will be deemed or construed by such parties or by any third person to create the relationship of principal and agent or a partnership or a joint venture or any other association between or among the parties hereto. R. Saving Provision. If any provision of the Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provision of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. S. Termination. This Agreement may be terminated by Park District or City by mutual agreement or as otherwise provided in this Agreement. This Agreement shall be terminable by either party upon a material breach by the other party. The provisions of Paragraph M. survive termination with respect to claims that arise from actions or occurrences that occurred prior to termination. T. Governing Laws. This Agreement will be construed in accordance with the laws of the State of Minnesota. U. Time is of the Essence. Time is of the essence under this Agreement. V. Title. To the extent that City is the fee owner, City warrants that it owns good and marketable title to the Easement and that the undersigned is authorized to execute this Agreement. W. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: 10.7 If to the Park District: Superintendent Three Rivers Park District c/c Legal Counsel 3000 Xenium Lane North Plymouth, MN 55441 If to the City City Manager City of Crystal 4141 Douglas Drive North Crystal, MN 55422 10.7 IN WITNESS WHEREOF, City and Park District have entered into this agreement as of the date and year first above written. CITY OF CRYSTAL THREE RIVERS PARK DISTRICT By: By: Its Mayor Date Its Chair – Board of Commissioners Date By: By: Its City Manager Date Its Superintendent Date J:\PROJECTS\Regional Trails\TBC 1501 Bassett Creek RT\J Permanent Records\l Agency Agreements\City Coop Agreements\Crystal\BCRT Trailway Cooperative Agreement CRYSTAL-FINAL.docx x 10.7 This Public Trailway Easement Agreement (hereinafter “____ Trail Easement”), made this ______ day of ________, 20___, by and between the City of Crystal, a Minnesota municipal corporation, (“Grantor”); and Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota (“Grantee”). RECITALS WHEREAS, Grantor and Grantee entered into a Trailway Cooperative Agreement for Bassett Creek Regional Trail (“Trail”) dated as of ________, 20__, (the “Trailway Cooperative Agreement”); and WHEREAS, pursuant to the Trailway Cooperative Agreement, Grantor agreed to convey to Grantee an easement as further described herein and Grantee agreed to accept Easement according to the terms and conditions contained herein; and WHEREAS, Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (“Property”); and WHEREAS, said Easement provided by the Grantor does not convey ownership of lands within the easement area to the Grantee. NOW THEREFORE, in consideration of mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree to as follows: TERMS OF EASEMENT 1.) Grant of Easement. Grantor grants and conveys to the Grantee the Easement legally described and depicted on the attached Exhibit A1. 2.) Scope of Easement. The perpetual non-exclusive trailway Easement granted herein includes the right of the Grantee, its contractor, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities: public sidewalk or trail, trail signage, informational kiosks, benches, bike racks, trail bridges/tunnels, and any other trail related structure. The parties agree that Grantor may substitute a Permanent Irrevocable Limited Use Permit for an Easement for areas where City does not have the fee title interest in real property but does have the legal authority to construct, maintain and operate sidewalks, trails, and other such public ways and where specifically identified in Exhibit A1. Grantor warrants that it will defend and indemnify Grantee against any loss, expense, or interruption to the contiguity of the Trail identified in Exhibit A1 related to the rights granted herein by Grantor and, at its own expense, to take all necessary action, including, but not limited to, the use of eminent domain, to secure the rights conveyed herein to Grantee. The parties agree these obligations of each party may be specifically enforced by the other party and further agree that all costs of such enforcement, including reasonable attorney’s fees, shall be paid by the noncompliant party. 10.7 3.) Trail Use and Purposes. This Easement or Permanent Irrevocable Limited Use Permit is for public trailway purposes only. The Trail shall be open to the general public, and be used exclusively for outdoor recreation and commuting including but not limited to walking, jogging, skating, biking, and uses allowed under State and Federal law including, but not limited to, other personal driven mobility devices (OPDMD’s) and electric personal assistive devices. In addition, motor vehicles used for maintenance, law enforcement or other public uses will be permitted within the Easement and Permanent Irrevocable Limited Use Permit areas in emergency situations, when pertinent to the specific maintenance or patrol activity, when motor vehicles cannot legally operate on the street, and/or when an adjacent roadway does not exist. Nothing in this Easement agreement shall be construed as limiting the Grantor’s right to use the area described in Exhibit A1 in any way that does not interfere with the public trailway use. 4.) Warranty of Title. To the extent the Grantor is the fee title owner, the Grantor warrants that it owns good and marketable title to the Easement Property and that the undersigned is authorized to execute this Easement. 5.) Environmental Matters. Grantor shall provide Grantee written documentation of any and all known to the Grantor previously and/or currently present hazardous materials, pollutants, or other containments within the Easement and Permanent Irrevocable Permit Property. Grantee shall not be responsible for any costs, expenses, damages, obligations, including penalties and reasonable attorney’s fees, or losses resulting from any claims, actions, suits or proceedings based upon the release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement and Permanent Irrevocable Permit Property prior to the date of this instrument. 6.) Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns and the Grantee, and its successors and assigns. 10.7 In witness whereof, the said parties have caused this Public Trailway Easement Agreement to be executed in duplicate on the date and year first written above. CITY OF CRYSTAL __________________________ Its Mayor __________________________ Its City Manager State of Minnesota ) ) S.S. County of Hennepin ) The foregoing instrument was acknowledge before me this _____ day of _____________, 2016, by _______________________ and __________________________, the mayor and city manager, respectively of the City of Crystal, a Minnesota municipal corporation, Grantor. ____________________________ Notary Public Notary Stamp or Seal THREE RIVERS PARK DISTRICT __________________________ Its Board Chair __________________________ Its Superintendent State of Minnesota ) ) S.S. County of Hennepin ) The foregoing instrument was acknowledge before me this _____ day of _____________, 2016, by _______________________ and __________________________, the Board Chair and Superintendent, respectively of the Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota, Grantee. ____________________________ Notary Public Notary Stamp or Seal This instrument drafted by: Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 10.7 Place holder: TRPD to prepare to legal description/graphics and to work with City to identify areas where a limited use permit will be use rather than an easement. 10.7 10.7 10.7 10.7 10.7 RESOLUTION NO. 2016- _____ APPROVING THE TRAILWAY COOPERATIVE AGREEMENT WITH THREE RIVERS PARK DISTRICT WHEREAS, Three Rivers Park District has adopted a master plan that includes the Bassett Creek Regional Trail through the City of Crystal; and WHEREAS, the City Council adopted a resolution of support for the Bassett Creek Regional Trail Master Plan on September 20, 2011; and WHEREAS; Three Rivers Park District has the funding for construction of the Bassett Creek Regional Trail portion through the City at Three Rivers Park District’s sole cost; and WHEREAS, the Three Rivers Park District and City desire to cooperate to facilitate the construction of the Bassett Creek Regional Trail through Crystal; and WHEREAS, the Trailway Cooperative Agreement defines the roles and responsibilities of each party for the Trail through the City; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the Trailway Cooperative Agreement with Three Rivers Park District for the Bassett Creek Regional Trail and authorizes the Mayor and City Manager to sign the agreement. Adopted by the Crystal City Council this 5th day of April 2016. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 10.7 Posted: April 1, 2016 CRYSTAL CITY COUNCIL SECOND WORK SESSION AGENDA Tuesday, April 5, 2016 To immediately follow the Regular City Council Meeting 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, April 5, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Adams ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Ray ____ Kolb ____ Revering ____ Libby ____ Gilchrist ____ Parsons ____ Serres ____ Peak II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Bassett Creek bank stabilization 2. Gaulke Pond sediment removal 3. Phase 15 assessments 4. Met Council governance 5. Constituent issues update 6. New business* 7. Announcements* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: April 5, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Bassett Creek Bank Stabilization Background Requested Action This contract with Barr will be coming before the Council April 19th. Staff is just looking for any comments or questions from the Council. Due to all the regulatory paperwork and processes, no timeline is set for construction at this point. Memorandum DATE: April 5, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Gaulke pond dredging Background The 2016 Utility CIP includes the dredging of Gaulke pond (BU 6804). Gaulke pond serves a critical role in storm water management through the middle of the City. The pond is the final pond in the series of the Memory, Brownwood, Hagemeister, and Gaulke system. All the water that enters any of these ponds ends up in Gaulke pond. From there, the water is pumped from Gaulke pond to the storm water system in Robbinsdale where it is then transported to the Twin Lake chain. The proposed dredging will occur only near the inlet for the pump (see circled area on the figure). This work is important to provide for continued normal operation and reduce the amount of sediment near the pipe so that the pipe does not become clogged. In order to conduct this work, the City may need authorization/permits from the Minnesota Department of Resources, US Army Corp of Engineers, Minnesota Board of Water and Soil Resources, Shingle Creek Watershed Management Commission, Minnesota Pollution Control Agency, and Hennepin County. Due to all these regulatory components, staff is proposing to contract with Barr Engineering for professional services to assist with the design, regulatory paperwork, and ultimately approvals. The cost will be paid for out of the project budget. Requested Action This contract with Barr will be coming before the Council April 19th. Staff is just looking for any comments or questions from the Council. Due to all the regulatory paperwork and processes, no timeline is set for construction at this point. Memorandum DATE: April 5, 2016 TO: City Council FROM: Charlie Hansen, Finance Director Mark Ray, PE, Public Works Director SUBJECT: Phase 15 assessments Background Staff has been reviewing the project costs for the Phase 15 Street Reconstruction Project and evaluating scenarios for both Phase 15 and 16 Street Reconstruction Projects. Staff will present on the project funding, discuss longer term considerations, and project assessments. Fund Balance Based on the project bids, currently proposed assessments, and funding analysis, the fund balance of the Street Reconstruction and Storm Water Utility Funds will be as follows (assuming Phase 16 occurs in 2017): Street Reconstruction Fund  $2,109,904 at end of 2016  $389,453 at the end of 2017  $117,049 at the end of 2018 Storm Water Fund  $31,968 at end of 2016  ($535,131) at end of 2017  ($7,328) at end of 2018 Recommended Action Review and discuss the Street Reconstruction Program financing and assessments Issue Type Key Summary Assignee Reporter Status Created Updated Issue CRCI-48 Noise from basketball courts at North Lions Park Olga Parsons Anne Norris New Issue 3/25/2016 12:51 3/31/2016 12:30 Issue CRCI-42 60XX Rockford Road Anne Norris Anne Norris In Progress 9/10/2015 21:51 3/31/2016 12:31 Issue CRCI-33 ADA Accessibility of Council meetings Anne Norris Anne Norris In Progress 7/1/2015 15:21 3/31/2016 12:31 Open Issues (JIRA) Displaying 3 issues at 03/31/16 12:31 PM. Generated at Thu Mar 31 12:31:51 CDT 2016 by Anne Norris using JIRA 7.2.0-OD-05-022#72002-sha1:c8ddad15ad868a9f23d9b99f45083e02b224f233. 1 of 1