2016.06.07 Council Meeting Packet
Posted: June 3, 2016
CITY OF CRYSTAL
City Council Meetings
Tuesday, June 7, 2016
MEETING SCHEDULE
Time Type of Meeting Location
6:20 p.m.
1st Council Work Session to discuss:
• Proposed ordinance amending City
Code Section 640.13 pertaining to long
grass
• Liquor license update
Conference Room A
6:45 p.m. EDA Regular Meeting Council Chambers
7:00 p.m. Regular City Council Meeting Council Chambers
Immediately
following the
Regular City
Council Meeting
2nd City Council Work Session to discuss:
• Proposed amendment to Chapter 4 of
the City Code based on
recommendations from the City Code
Review Task Force
• 36th and Regent Ave N
• Douglas Drive striping
• Follow up to May 31 JWC Tri City
Council Meeting
• City representation on WMFRD Relief
Association Board
• 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: June 3, 2016
CRYSTAL CITY COUNCIL
FIRST WORK SESSION AGENDA
Tuesday, June 7, 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,
June 7, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
____ Libby ____ Norris
____ Parsons ____ Therres
____ Peak ____ Revering
____ Adams ____ Sutter
____ Dahl ____ Ray
____ Deshler ____ Gilchrist
____ Kolb ____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Proposed ordinance amending City Code Section 640.13 pertaining to long grass*
2. Liquor License update
*No materials are attached. Please see the staff report for Regular Meeting Agenda Item #8.6.
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: June 2, 2016
TO: Mayor and City Council
FROM: Chrissy Serres, City Clerk
Troy Gilchrist, City Attorney
SUBJECT: Liquor License Renewal – Financial Responsibility
A question has arisen regarding the requested renewal of a liquor license located on
property owned by someone other than the liquor store owner. Specially, the question
is whether the liquor store satisfies the financial responsibility requirements of the Code
for reissuance of the liquor license when the property owner is delinquent on property
taxes? The City Clerk has developed a full history of this matter, but the present
situation is that the property owner is delinquent on the property taxes in the amount of
approximately $30,400. Given the property owner’s delinquency, can the City renew
the license for the liquor store owner under the Code?
The City Clerk has been in touch with the property owner about the property tax issue
starting near the end of 2014. The property owner has assured the City Clerk the
property tax issue will be resolved, but to date the County continues to show the
property taxes are delinquent. The liquor store owner has applied to renew the liquor
license and indicates that he is current on all of his rent payments to the property
owner. The same issue existed with respect to the tobacco license for the liquor store,
but that license was issued based in part on the property owner’s assurances that the
taxes would be paid in full.
Section 1005.29 of the Code requires applicants for a liquor license to file satisfactory
evidence of financial responsibility with the City Clerk prior to issuance of the license.
"’Satisfactory evidence of financial responsibility’ shall be shown by a certification under
oath that the property taxes, public utility bills, and all state and federal taxes or other
governmental obligations or claims concerning the business entity applying for the
license are current, and that no notice of delinquency or default has been issued . . . .”
The same requirement applies to tobacco license under Section 1137.03, subd. 5 as
well as to other licenses issued by the City.
It is clear in this case that certifying the property taxes have been paid is not possible,
but from the store owner’s perspective that failure in financial responsibility rests with
the property owner and should not affect the store owner’s eligibility to be licensed.
However, from the City’s perspective, the financial responsibility requirement is in the
Code for a reason and continuing to license businesses located on tax delinquent
properties could be seen as being contrary to that purpose. There is also the issue of
whether artificial differences in ownership between a liquor store and the property could
be created to undermine the purposes of the requirement (e.g., the same person
owning the store and the property separately under different corporate names).
It should also be pointed out that there is a personal component to the financial
responsibility requirement in that it applies directly to the owner of the liquor store.
There is nothing to suggest the liquor store owner is directly responsible for paying the
property taxes, but the City has experienced issues regarding financial responsibility
regarding the liquor store. Specifically, two checks issued to the City have been
returned for insufficient funds. These checks were for the present liquor license
application fee (which was later paid in cash) as well as the previous tobacco license
fee.
Staff is seeking guidance from the City Council on its interpretation of the financial
responsibility requirement in the Code. Does the City Council consider the “business
entity” required to show financial responsibility as including the property on which the
liquor store is located, or is the focus instead on the liquor store and its owners?
1005.29. Financial responsibility; applicability.
a) Prior to the issuance of a license the applicant must file with the city clerk
satisfactory evidence of financial responsibility. "Satisfactory evidence of
financial responsibility" shall be shown by a certification under oath that the
property taxes, public utility bills, and all state and federal taxes or other
governmental obligations or claims concerning the business entity applying
for the license are current, and that no notice of delinquency or default has
been issued, or if any of the financial obligations stated in this subsection are
delinquent or in default, that any such delinquency or default is subject to a
payment plan or other agreement approved by the applicable governmental
entity. "Satisfactory evidence of financial responsibility" as required by this
subsection shall in addition be shown by an individual applicant and all
individual owners and/or shareholders of the business entity. Operation of a
business licensed under this section without having on-going evidence on file
with the city of the financial responsibility required by this subsection is
grounds for revocation or suspension of the license.
City Council Meeting Agenda
June 7, 2016
7:00 P.M.
Council Chambers
THE ACTING CITY MANAGER’S COMMENTS ARE BOLDED.
1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
2. APPROVAL OF AGENDA
The Council will consider approval of the agenda.*
3. APPEARANCES
3.1 Chief Revering will recognize Officer Gabe Storz for his life saving efforts of a child.*
4. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meetings in a single motion:
a. The Regular City Council Meeting from May 17, 2016; and
b. The Council Work Sessions from May 17, 2016.
5. CONSENT AGENDA
The Council will consider 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;
5.2 Approval of a resolution accepting the following donations:
a. $100.00 from American Legion Aviation Post 511 for the Crystal Airport Open
House
b. $100.00 from Crystal Lions to the Crystal Crime Prevention Fund
c. $370.88 from various donation boxes to the Crystal K-9 Unit Fund
d. $650.00 from West Metro Fire-Rescue District Relief Association to the
Crystal Police Explorers
5.3 Approval of the following items for Crystal Frolics:
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Crystal City Council Meeting Agenda
June 7, 2016
a. A permit application for fireworks display on July 29 and July 30, 2016,
contingent upon receipt of required liability insurance, submitted by
Hollywood Pyrotechnics, Inc. and the Crystal Frolics Committee.
b. A request for authorization to temporarily close Bass Lake Road between
County Road 81 and Sherburne Avenue during the fireworks display on
July 29 and 30, from 9:45 - 10:45pm, submitted by the Crystal Frolics
Committee.
c. A request for authorization to temporarily close Douglas Drive North
between the driveway of Cedarwood Apartments and Becker Park
parking lot for a “waterball fight” with local fire departments on July 30,
from 1 - 4pm, submitted by the Crystal Frolics Committee.
d. A request for live music at Becker Park on July 28 from 6 - 9pm, July 29
from 7:30 - 11:30pm, July 30 from 7:30 - 11:30pm, and July 31 from 1 -
4pm, submitted by the Crystal Frolics Committee.
e. A temporary on-sale liquor license at Becker Park on July 28 - 31, 2016,
contingent upon receipt of required liquor liability insurance, submitted by
the Crystal Lions.
f. A temporary on-sale liquor license at Welcome Park on July 29 - 31,
2016, contingent upon receipt of required liquor liability insurance,
submitted by the Crystal Lions.
g. A resolution for lawful gambling at Becker Park on July 28 - 31, 2016,
submitted by the Crystal Lions.
5.4 Approval of a resolution authorizing Joint Powers Agreements with the MN
Department of Public Safety regarding our network connection with the Bureau
of Criminal Apprehension (BCA);
5.5 Approval of a resolution reporting on State performance measures; and
5.6 Approval of a special permit to serve wine and beer at the Crystal Community
Center on Friday, May 20, 2016, from 7:30 - 11:30pm, for a wedding reception,
submitted by Lookout Supper Club.* (Pre-approved by City Manager Anne
Norris on May 17, 2016.)
6. 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
June 7, 2016
7. PUBLIC HEARING
7.1 The Mayor will open a public hearing to receive comment and consider approval of
a cooperative agreement with the City of Independence and the issuance of bonds
by the City of Independence for Beacon Academy to locate at 3420 Nevada Avenue
North.
As you know Beacon Academy is a public charter school and the Council
recently approved a conditional use permit and site plan for their relocation to
3420 Nevada Avenue North. To finance this acquisition and make needed
improvements, Beacon Academy is requesting the city of Independence to
issue tax-exempt revenue bonds and loan the proceeds to Friends of Beacon,
an entity related to Beacon Academy. The City of Independence can’t issue
revenue bonds for a facility in Crystal without the approval of the Crystal City
Council. The City of Crystal has no financial obligation or risk; the Crystal
City Council will hold a public hearing on this matter at its June 7 meeting.
Recommend approval of execution of a cooperative agreement with the city of
Independence for the issuance of bonds related to Beacon Academy’s
relocation to 3420 Nevada Avenue North.
8. REGULAR AGENDA
8.1 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.
8.2 The Council will consider the 2015 Comprehensive Annual Financial Report
presented by BerganKDV, Ltd.
A representative of BerganKDV will present the 2015 Financial Report and
answer any questions from the Council. Recommend acceptance of the 2015
Financial Report.
8.3 The Council will consider a resolution providing for the issuance and sale of General
Obligation Improvement Bonds, Series 2016A, in the approximate amount of
$3,330,000 for the Phase 15 Street Reconstruction Project.
Street reconstruction projects are funded in part by special assessments
against benefited properties. These assessments will be collected over a
period of 15 years and bonds are needed to pay for the project until the
assessments are collected. If the bond sale is authorized, the Council will
consider award of the bonds at its July 19th meeting. Recommend approval of
the resolution authorizing sale of the bonds.
8.4 The Council will consider a resolution providing for the Prepayment and
Redemption of the City’s outstanding General Obligation Improvement Bonds,
Series 2005A and 2006A.
Crystal City Council Meeting Agenda
June 7, 2016
These two bonds have reached the date at which the City has the option of
redeeming the remaining outstanding bonds prior to their scheduled maturity
dates. There is sufficient cash in the debt service funds for the bonds to pay
for redemption of the remaining outstanding bonds. Recommend approval of
the resolution authorizing redemption of the remaining bonds.
8.5 The Council will consider a resolution to order preparation of the feasibility report for
the Phase 16 Street Reconstruction Project.
The final phase of street reconstruction, Phase 16 (Skyway Neighborhood)
was discussed at a recent work session. Recommend approval of the
resolution ordering preparation of the feasibility report for Phase 16.
8.6 The Council will consider first reading of an ordinance amending City Code Section
640.13 pertaining to long grass.
Staff recently discovered phrasing in Section 640.13 that needs clarification to
make responding to long grass complaints more straightforward.
Recommend approval of the first reading of the ordinance making this
clarification.
9. INFORMATION AND ANNOUNCEMENTS
a. Crystal Cove Aquatic Center opens for the season on Saturday, June 11.
b. The Crystal Business Association meets on Wednesday, June 15, at 8:30 a.m. at a
location to be determined.
c. The next City Council meeting begins at 7:00 p.m. on Tuesday, June 21, in the
Council Chambers at City Hall.
d. Crystal Airport Hanger Dance is Saturday, June 18 from 7 – 11pm. Crystal Airport
Open House and Fly-in is Sunday, June 19 from 8am – 4pm. For more information
visit www.crystalairportopenhouse.com
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.
10. ADJOURNMENT
11. MEETING SCHEDULE ON JUNE 7, 2016
Time Type of Meeting Location
Crystal City Council Meeting Agenda
June 7, 2016
6:20 p.m.
1st Council Work Session to discuss:
• Proposed ordinance amending City
Code Section 640.13 pertaining to long
grass
• Liquor license update
Conference Room A
6:45 p.m. EDA Regular Meeting Council Chambers
7:00 p.m. Regular City Council Meeting Council Chambers
Immediately
following the
Regular City
Council Meeting
2nd City Council Work Session to discuss:
• Proposed amendment to Chapter 4 of
the City Code based on
recommendations from the City Code
Review Task Force
• 36th and Regent Ave N
• Douglas Drive striping
• Follow up to May 31 JWC Tri City
Council Meeting
• City representation on WMFRD Relief
Association Board
• Constituent issues update
• New business*
• Announcements*
Conference Room A
* Denotes no supporting information included in the packet.
Have a great weekend; Assistant Manager Kim Therres will be at Tuesday’s meeting.
Crystal City Council Work Session Minutes May 17, 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 6:22 p.m. on
Tuesday, May 17, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal,
Minnesota. Mayor Adams called the meeting to order.
I. ATTENDANCE
The city clerk recorded the attendance with the following members:
COUNCIL:
Present: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
STAFF: City Manager A. Norris, Assistant City Manager/Human Resources Manager
K. Therres, Public Works Director/City Engineer M. Ray, Police Chief S.
Revering, Deputy Police Chief D. Leslin, Fire Chief S. Larson, City Attorney T.
Gilchrist and City Clerk C. Serres.
OTHER: Crystal Frolics Committee members: President Lynn Haney and
Secretary Nancy LaRoche.
II. AGENDA
The Council and staff discussed the following agenda item:
1. Crystal Frolics
III. ADJOURNMENT
The work session adjourned at 6:58 p.m.
______________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Chrissy Serres, City Clerk
Crystal City Council Meeting Minutes May 17, 2016
Page 1 of 4
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, May 17, 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 city clerk to call the roll for elected officials. Upon roll call, the city
clerk recorded the following attendance:
COUNCIL:
Present: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
STAFF: City Manager A. Norris, Assistant City Manager/Human Resources Manager K.
Therres, Public Works Director/City Engineer M. Ray, City Planner D. Olson,
Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C. Serres.
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 Peak and seconded by Councilmember Deshler to approve the
agenda.
Motion carried.
3. APPEARANCES
3.1 Chief Revering recognized Officer Caleb Selin as MADD Rookie Officer of the Year and
for his lifesaving actions at a house fire.
3.2 Chief Revering recognized Officer Mason Barland for his traffic safety work with the State
of Minnesota.
4. COUNCIL MEETING MINUTES
The Council considered the minutes from the following meetings in a single motion:
a. The Regular City Council Meeting from May 3, 2016;
b. The Council Work Sessions from May 3, 2016; and
c. The Council Work Session from May 12, 2016.
Moved by Councilmember Parsons and seconded by Councilmember Peak to approve the
above minutes in a single motion.
Motion carried.
Crystal City Council Meeting Minutes May 17, 2016
Page 2 of 4
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;
5.2 Approval of Resolution No. 2016-81, accepting the following donations:
a. $100.00 from Allina Health to Crystal Police Reserves
b. $500.00 from Brooklyn Center American Legion Post #630 for Crystal Airport Open
House
c. $1,000.00 from Minneapolis Elks Lodge #44 for Crystal Frolics
d. $300.00 from Westphal American Legion Post #251 for Crystal Airport Open House
5.3 Approval of a temporary on-sale liquor license for an event on May 28, 2016, submitted
by the Church of St. Raphael’s; and
5.4 Approval of a temporary on-sale liquor license at Crystal Airport for the Hanger Dance
on Saturday, June 18, submitted by the Crystal Lions.
Moved by Mayor Adams and seconded by Councilmember Peak to approve the consent
agenda.
Motion carried.
6. OPEN FORUM
No public comment was given during open forum.
7. REGULAR AGENDA
7.1 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 Peak and seconded by Councilmember Deshler to approve
the list of disbursements over $25,000.
Voting aye: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
Motion carried.
7.2 The Council considered a resolution approving a Conditional Use Permit and site and
building plans for Beacon Academy at 3420 Nevada Avenue.
City Planner D. Olson addressed the Council. Wendy Terry of 3419 Florida Avenue
North spoke in support of the Beacon Academy project.
Crystal City Council Meeting Minutes May 17, 2016
Page 3 of 4
Moved by Councilmember Parsons and seconded by Councilmember Dahl to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2016 – 82
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN FOR THE PROPERTY LOCATED AT 3420 NEVADA AVENUE NORTH
Voting aye: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
Motion carried, resolution declared adopted.
7.3 The Council considered bids and a resolution awarding the contract for the 2016 Alley
Reconstruction Project 2016-07.
Public Works Director/City Engineer M. Ray addressed the Council.
Moved by Councilmember Deshler and seconded by Councilmember Peak to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2016 – 83
AWARD CONTRACT FOR ALLEY RECONSTRUCTION PROJECT PROJECT # 2016-07
Voting aye: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
Motion carried, resolution declared adopted.
7.4 The Council considered a resolution to replace the pumps at the Maryland lift station.
Public Works Director/City Engineer M. 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 – 84
APPROVING EXPENDITURE FOR MARYLAND LIFT STATION
PUMPS AND VALVES
Voting aye: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
Motion carried, resolution declared adopted.
7.5 The Council considered a resolution for Gardendale Subdivision Construction Inspection
Proposal and Services.
Crystal City Council Meeting Minutes May 17, 2016
Page 4 of 4
Public Works Director/City Engineer M. Ray addressed the Council.
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 – 85
APPROVING AGREEMENT FOR INSPECTION SERVICES
FOR GARDENDALE DEVELOPMENT
Voting aye: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
Motion carried, resolution declared adopted.
8. INFORMATION AND ANNOUNCEMENTS
The Council made several announcements about upcoming events.
9. ADJOURNMENT
Moved by Councilmember Dahl and seconded by Councilmember Peak to adjourn the
meeting.
Motion carried.
The meeting adjourned at 7:51 p.m.
____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Chrissy Serres
City Clerk
Crystal City Council Work Session Minutes May 17, 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 8:02 p.m. on
Tuesday, May 17, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal,
Minnesota. Mayor Adams called the meeting to order.
I. ATTENDANCE
The city clerk recorded the attendance with the following members:
COUNCIL:
Present: Kolb, Libby, Parsons, Peak, Adams, Dahl and Deshler.
STAFF: City Manager A. Norris, Assistant City Manager/Human Resources Manager
K. Therres, Public Works Director/City Engineer M. Ray, Police Chief S.
Revering, City Attorney T. Gilchrist and City Clerk C. Serres.
II. AGENDA
The Council and staff discussed the following agenda items:
1. Requirements for beer and wine in the parks
2. Phase 16 (Skyway) Street Reconstruction Feasibility Report
3. DeCola Ponds/Tri City JWC meeting update
4. Constituent issues update
5. New business
6. Announcements
III. ADJOURNMENT
The work session adjourned at 9:23 p.m.
______________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Chrissy Serres, City Clerk
_______________________________________________________________________
FROM: Chrissy Serres, City Clerk
_________________________________________________________________________________________________________
TO: Mayor and City Council
City Manager Anne Norris
CC: Police Chief Revering
City Attorney
DATE: June 2, 2016
SUBJECT: Annual Liquor License Renewals
_________________________________________________________________________________________________________
Background
Liquor licenses expire on June 30 of each year. A list of licensees that have submitted 2016-
2017 liquor license renewal applications is attached.
As part of the liquor license renewal process, applications have been reviewed and the
following information has been verified:
Criminal History Investigations
The Police Department conducted the required criminal history investigations
pursuant to City Code Section 1200. Police Chief Revering finds no reason to
prohibit issuance of the liquor licenses.
Financial Responsibility
Applicants have filed satisfactory evidence of financial responsibility. Staff has
confirmed utility payments and property taxes are not delinquent. Licensees also
submitted satisfactory proof of liquor liability insurance or an affidavit for the new
license period.
Health Regulations
On sale liquor establishments serving food are subject to a health and sanitation
inspection to ensure compliance. Each on sale licensee provided the City with a
current copy of its Hennepin County food license certificate.
Requested Council Action
Recommend approval of the liquor license renewals as submitted on the Applications for
City License list dated June 7, 2016.
COUNCIL STAFF REPORT
Consent Agenda: June 7, 2016 Council Meeting
Annual Liquor License Renewals
5.1
5.1
Page 1 of 3
APPLICATIONS FOR CITY LICENSE
June 7, 2016
GAS INSTALLER
Master Plumbing Services P O Box 2451 Inver Grove Heights, MN 55076
Elk River Heating 19567 Twin Lakes Rd NW Elk River, MN 55330
LIQUOR – EXTENSION TO OUTDOOR SMOKING AREA
VFW Post #494 5222 56th Ave N Crystal, MN 55429
LIQUOR - OFF SALE
Advancer Mercantile dba Liquor Barrel Wine & Spirits 5628 W Broadway Crystal, MN 55428
An Thi Nguyen dba Liquor Barrel 2728 Douglas Dr N Crystal, MN 55422
Best Buy Beverage dba MGM Liquor Warehouse 6200 56th Ave N Crystal, MN 55429
Chalet Liquors Inc 5109 36th Ave N Crystal, MN 55422
J&M Concessions Inc dba A-1 Liquor 3530 Douglas Dr N Crystal, MN 55422
Liquor Liquidator 3 Inc 5120 56th Ave N Crystal, MN 55429
MD Liquors LLC 7200 56th Ave N Crystal, MN 55428
Samarani Liquor LLC dba Maddie’s Discount Liquor 5924 W Broadway Crystal, MN 55428
Schwapper Inc dba Adair Liquor 6001 42nd Ave N Crystal, MN 55422
LIQUOR – OFF SALE/3.2 MALT
Hometown Market Corp 4711 36th Ave N Crystal, MN 55422
Northern Tier Retail LLC dba SuperAmerica #4052 5359 W Broadway Crystal, MN 55428
Northern Tier Retail LLC dba SuperAmerica #4187 7818 36th Ave N Crystal, MN 55427
SuperValu Inc dba Cub Foods 5301 36th Ave N Crystal, MN 55422
LIQUOR - ON SALE
Blazin Wings Inc dba Buffalo Wild Wings #69 5590 W Broadway Crystal, MN 55428
Chipotle Mexican Grill of Colorado LLC dba Chipotle #764 5608 W Broadway Crystal, MN 55428
Doyle’s Bowling & Lounge Inc 5000 W Broadway Crystal, MN 55429
El Pajaro Inc dba El Loro Mexican Restaurant 99 Willow Bend Crystal, MN 55428
Kneadin Dough Inc dba Broadway Bar & Pizza 5632 W Broadway Crystal, MN 55428
Milton’s Café LLC 3545 Douglas Dr N Crystal, MN 55422
Robeck Industries dba Steve O’s 4900 W Broadway Crystal, MN 55429
Rostamo’s Inc dba Rostamo’s Bar & Grill 6014 Lakeland Ave N Crystal, MN 55428
Stino Inc dba Big Louie’s Bar & Grill 5216 W Broadway Crystal, MN 55429
LIQUOR – ON SALE/CLUB (501-1,000 seating)
Charles R Knaeble VFW Post #494 5222 56th Ave N Crystal, MN 55429
LIQUOR – ON SALE/DUAL WINE & 3.2 MALT
Taqueria El Jalapeno LLC 6236 56th Ave N Crystal, MN 55429
The Noodle Shop dba Noodles & Company 5592 W Broadway Crystal, MN 55428
LIQUOR - ON SALE/SUNDAY
Blazin Wings Inc dba Buffalo Wild Wings #69 5590 W Broadway Crystal, MN 55428
Charles R Knaeble VFW Post #494 5222 56th Ave N Crystal, MN 55429
Chipotle Mexican Grill of Colorado LLC dba Chipotle #764 5608 W Broadway Crystal, MN 55428
Doyle’s Bowling & Lounge Inc 5000 W Broadway Crystal, MN 55429
5.1
Page 2 of 3
El Pajaro Inc dba El Loro Mexican Restaurant 99 Willow Bend Crystal, MN 55428
Kneadin Dough Inc dba Broadway Bar & Pizza 5632 W Broadway Crystal, MN 55428
Milton’s Café LLC 3545 Douglas Dr N Crystal, MN 55422
Robeck Industries dba Steve O’s 4900 W Broadway Crystal, MN 55429
Rostamo’s Inc dba Rostamo’s Bar & Grill 6014 Lakeland Ave N Crystal, MN 55428
Stino Inc dba Big Louie’s Bar & Grill 5216 W Broadway Crystal, MN 55429
Taqueria El Jalapeno LLC 6236 56th Ave N Crystal, MN 55429
The Noodle Shop dba Noodles & Company 5592 W Broadway Crystal, MN 55428
LIQUOR - ON SALE/TAVERN 3.2 MALT
Blazin Wings Inc dba Buffalo Wild Wings #69 5590 W Broadway Crystal, MN 55428
Chipotle Mexican Grill of Colorado LLC dba Chipotle #764 5608 W Broadway Crystal, MN 55428
Doyle’s Bowling & Lounge Inc 5000 W Broadway Crystal, MN 55429
El Pajaro Inc dba El Loro Mexican Restaurant 99 Willow Bend Crystal, MN 55428
Kneadin Dough Inc dba Broadway Bar & Pizza 5632 W Broadway Crystal, MN 55428
Milton’s Café LLC 3545 Douglas Dr N Crystal, MN 55422
Robeck Industries dba Steve O’s 4900 W Broadway Crystal, MN 55429
Rostamo’s Inc dba Rostamo’s Bar & Grill 6014 Lakeland Ave N Crystal, MN 55428
Stino Inc dba Big Louie’s Bar & Grill 5216 W Broadway Crystal, MN 55429
PLUMBER
Mike Larson Master Plumber Inc 5120 Hooper Lake Rd Deephaven, MN 55331
P & D Mechanical 4629 41st Ave N Robbinsdale, MN 55422
NAC Mechanical 1001 Labore Industrial Court Ste B Vadnais Heights, MN 55110
Bob Jasper Plumbing 5840 Ensign Ave N Brooklyn Park, MN 55428
RENTAL – NEW
5116 Edgewood Ave N – Mitchell Investments LLC (Conditional)
4812-4814 Idaho Ave N – Equitron Holdings (Conditional)
5724 Orchard Ave N – Cosco Propertiy IV LLC (Conditional)
4950 Welcome Ave N – Home Sweet Homes LLC
3815 Xenia Ave N – Distinguished Properties LLC (Conditional)
8324 32nd Pl N – Trust of Julie Ann Dmohoski (Conditional
RENTAL – RENEWAL
5108 Angeline Ave N – Cosco Property IV LLC (Conditional)
4550 Colorado Ave N – Nicholas Pettigrew (Conditional)
5131 Douglas Dr N – James and Samantha Pachyak
2950 Edgewood Ave N – Patricia Mattson (Conditional)
3109 Hampshire Ave N – Rent It LLC
4057 Idaho Ave N – IH3 Property Minnesota LP (Conditional)
5906 Idaho Ave N – Miranda N Reed
5237 Jersey Ave N – JDA Group LLC
4602 Louisiana Ave N – Robert Mulvihill (Conditional)
3240 Nevada Ave N – Gabe Richards
3341 Nevada Ave N 4102 – Seitzer Four LLC (Conditional)
4840 Nevada Ave N – Brett C Hulett (Conditional)
3416 Noble Ave N – E Flores-Peet & Richard Peet (Conditional)
5709 Orchard Ave N – Theresa and Richard Thielen (Conditional)
5716 Pennsylvania Ave N – R Truelson (Conditional)
5525-5527 Quail Ave N – Lloyd and Marilyn Olson (Conditional)
5.1
Page 3 of 3
5409 Scott Ave N – New Covenant Properties LLC (Conditional)
7400 Shirley Pl N – Bachaus Invstt Props KKC
4509 Zane Ave N – Kyle Lewis (Conditional)
4611 Zane Ave N – John Greenwood (Conditional)
6818 34th Ave N – Norman and Barbara Hillesland
7017 36th Ave N – 36th Avenue Ventures, LLC (Conditional)
7025 36th Ave N – 36th Avenue Ventures, LLC (Conditional)
5029 53rd Ave N – Exceptional Hms/Remdlng Inc
TREE TRIMMER
Aaspen Tree Service 970 Wayzata Blvd W Wayzata, MN 55391
Golden Leaf Tree Service 1400 Sumter Ave N Golden Valley, MN 55427
CITY OF CRYSTAL
RESOLUTION NO. 2016 -
RESOLUTION ACCEPTING DONATIONS FROM
AMERICAN LEGION AVIATION POST 511, CRYSTAL LIONS,
WEST METRO FIRE-RESCUE RELIEF ASSOCIATION,
AND V ARIOUS 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
American Legion Aviation Post 511 Crystal Airport Open House $100.00
Crystal Lions Crystal Crime Prevention $100.00
K-9 Donation Boxes Crystal K-9 Unit $370.88
West Metro Fire-Rescue Relief Assoc. Crystal Police Explorers $650.00
And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-
named for their generous donations.
Dated this 7th day of June, 2016.
By:__________________________
Jim Adams, Mayor
ATTEST:
________________________________
Chrissy Serres, City Clerk
5.2
5.3(a)
5.3(a)
5.3(b)
5.3(b)
May 4, 2016
City Council
City of Crystal
4141 Douglas Drive
Crystal, MN 55422
Dear City Council,
The Crystal Frolics would like your assistance for our City celebration this year. It will
be held July 28-31. We invite all of you to attend.
We plan to have fireworks on Friday and Saturday nights (July 29 & 30) at 10:00 p.m.
We need you to direct your staff for the closure of Bass Lake Road for the shoot at
Becker Park. Also, we need the assistance of the Police and Fire Departments to
insure a safe display. The rain date for Friday night will be an inclusion into Saturday
night's display. There will be no rain date for Saturday night. Please have the city staff
contact the county for the appropriate permits.
Thank you, in advance, for your cooperation and that of the city staff.
Sincerely,
Lynn Haney, President
Crystal Frolics Committee, Inc.
www.crystalfrolics.org
612-839-8538
5.3(b)
May 4, 2016
City Council
City of Crystal
4141 Douglas Drive
Crystal, MN 55422
Dear City Council,
The Crystal Frolics would like your assistance for our City celebration this year. It will
be held July 28-31.
WMFRA plans to host a “waterball fight” with local fire depts. on Saturday, July 30 from
1-4pm. We will need to close Douglas Drive between the Cedarwood Apartments
driveway and the driveway into the Becker Park parking lot from Noon – 5pm. The
WMFRA will take care of posting the street with “No Parking” signs the evening before
the event and will remove them after the event.
This “waterball fight” was a highlight of the Frolics a long time ago when it was run by
the fire dept. We are very excited to have it return! It will be great family entertainment
(during what is often the hottest weekend of the year) and fun for all who attend. We
hope you will be able to join us for the launch of this newest addition to the Frolics!
Thank you, in advance, for your cooperation and that of the city staff.
Sincerely,
Lynn Haney, President
Crystal Frolics Committee, Inc.
www.crystalfrolics.org
612-839-8538
5.3(c)
May 4, 2016
City Council
City of Crystal
4141 Douglas Drive
Crystal, MN 55422
Dear City Council,
The Crystal Frolics is planning to have live music on stage at Becker Park,
July 28 thru July 31. We have signed contracts for the following music: the
Bill Koncar Polka Band on Thursday night, 6:00 p.m. – 9:00 p.m., 5
Minute Major on Friday night, 7:30 p.m.–11:30 p.m., M.E. Band on Saturday
night, 7:30 p.m.–11:30 p.m. and Kidsdance DJ (music geared toward
children) at the Family Festival on Sunday, 1:00 p.m.–4:00 p.m. We would like
you to approve this schedule and invite you to enjoy the music with us.
Thank you, in advance, for your cooperation.
Sincerely,
Lynn Haney, President
Crystal Frolics Committee, Inc.
www.crystalfrolics.org
612-839-8538
5.3(d)
5.3(e)
5.3(e)
5.3(f)
5.3(f)
5.3(g)
5.3(g)
RESOLUTION NO. 2016 -
CITY OF CRYSTAL
RESOLUTION RELATING TO LAWFUL GAMBLING:
APPROVING LAWFUL GAMBLING AT
BECKER PARK
6225 - 56TH AVE N
July 28 - 31, 2016
BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL AS
FOLLOWS:
WHEREAS, Minnesota Statutes Chapter 349, as amended by laws 1990,
chapter 590, provides that organizations licensed by the Charitable Gambling Control
Board (Board) must also obtain from the Board a premise permit for the conduct of
lawful gambling at a specific location. The Statute also provides that the premise
permit will not be issued by the Board unless the organization submits a resolution of
the City Council approving the premise permit; and
WHEREAS, the Crystal Lions has submitted an application for an off-site
gambling event to be held at Becker Park, 6225 - 56th Ave N, in Crystal Minnesota for
July 28, 29, 30, and 31, 2016.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council
hereby approves such premise permit;
AND FURTHER, that the city clerk is authorized and directed to supply a
certified copy of this resolution to the applicant listed above.
Adopted by the Crystal City Council this 7th day of June, 2016.
________________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
5.3(g)
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: June 1, 2016
SUBJECT: JOINT POWERS AGREEMENT
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
For the last several years we have had a Joint Powers Agreement (JPA) with the MN
Department of Public Safety, Bureau of Criminal Apprehension with regards to our criminal
justice data communications network and it is time for its renewal. Both the JPA and the
court amendment are attached to this memo. This will be on the consent agenda for the June
7, 2016 council meeting.
As always, please let me know if you have any questions.
5.4
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Crystal on behalf of its Police Department ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA’s systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information
with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
5.4
2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https://app.dps.mn.gov/cjdn.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-
divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s
transaction record meets FBI-CJIS requirements.
When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
5.4
keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA’s request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.
Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Two Hundred Seventy
Dollars ($270.00) or a total annual cost of One Thousand Eighty Dollars ($1,080.00).
Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Chief Stephanie Revering, 4141 Douglas Drive N, Crystal, MN 55422,
(763) 531-1014, or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, their successors in office, or another individual duly authorized.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
5.4
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency’s liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
BCA subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
5.4
Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s
determination controls.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days’ written notice to the other party’s Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
5.4
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
5.4
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of Crystal on behalf of its Police Department (“Agency”), and
by and for the benefit of the State of Minnesota acting through its State Court Administrator’s
Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action
against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 109617, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”)
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
5.4
a. “Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and
the BCA.
b. “Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the
current address is www.courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. “Court Confidential Case Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. “Court Confidential Security and Activation Information” means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. “Court Confidential Information” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d. “DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e. “Policies & Notices” means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber’s use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
5.4
f. “Rules of Public Access” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www.courts.state.mn.us.
g. “Court” shall mean the State of Minnesota, State Court Administrator's
Office.
h. “Subscriber” shall mean the Agency.
i. “Subscriber Records” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
5.4
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber’s access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
5.4
7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a. Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
c. Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks “MNCIS” and “Odyssey.”
d. Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
5.4
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f. Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
5.4
10. AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
5.4
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
5.4
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
5.4
1. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
5.4
RESOLUTION NO. 2016-
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF CRYSTAL ON BEHALF OF ITS CITY
ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Crystal on behalf of its Prosecuting Attorney and Police
Department desires to enter into Joint Powers Agreements with the State of Minnesota,
Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools
available over the State’s criminal justice data communications network for which the
City is eligible. The Joint Powers Agreements further provide the City with the ability to
add, modify, and delete connectivity, systems, and tools over the five year life of the
agreement and obligates the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CRYSTAL, MINNESOTA AS FOLLOWS:
1. That the State of Minnesota Joint Powers Agreements by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Crystal on behalf of its Prosecuting Attorney and Police
Department, are hereby approved. Copies of the two Joint Powers Agreements are
attached to this Resolution and made a part of it.
2. That the Chief of Police Stephanie Revering, or his or her successor, is designated the
Authorized Representative for the Police Department. The Authorized Representative is
also authorized to sign any subsequent amendment or agreement that may be required by
the State of Minnesota to maintain the City’s connection to the systems and tools offered
by the State.
3. That Peter MacMillan, or his or her successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by the
State of Minnesota to maintain the City’s connection to the systems and tools offered by
the State.
4. That Jim Adams the Mayor for the City of Crystal, and Anne Norris the City Manager,
are authorized to sign the State of Minnesota Joint Powers Agreements.
Adopted by the Crystal City Council this 7th day of June, 2016.
____________________________________
Jim Adams, Mayor
ATTEST:
_______________________________
Chrissy Serres, City Clerk
5.4
5.5
5.5
5.5
7.1
7.1
7.1
7.1
7.1
7.1
7.1
7.1
7.1
8.1
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.2
8.3
Extract of Minutes of Meeting
of the City Council of the
City of Crystal, Hennepin County, Minnesota
Pursuant to due call and notice thereof a regular meeting of the City Council of the City of
Crystal, Hennepin County, Minnesota, was held at the City Hall in the City on Tuesday, June 7, 2016,
commencing at 7:00 P.M.
The following members of the Council were present:
and the following were absent:
* * * * * * * * *
Councilmember _____________ presented the following written resolution, the reading of which
was dispensed with by unanimous consent, and moved its adoption:
8.3
RESOLUTION NO. 2016-_____
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2016A, IN THE APPROXIMATE AGGREGATE
PRINCIPAL AMOUNT OF $3,330,000
BE IT RESOLVED By the City Council of the City of Crystal, Hennepin County, Minnesota (the
“City”) as follows:
1. Authorization. It is hereby determined that:
(a) Certain assessable public improvements in the City (the “Improvements”) have
been duly ordered pursuant to the provisions of Minnesota Statutes, Chapters 429 and 475, as
amended (collectively, the “Act”).
(b) It is necessary and expedient to the sound financial management of the affairs of
the City to issue its General Obligation Improvement Bonds, Series 2016A (the “Bonds”), in the
approximate aggregate principal amount of $3,330,000 pursuant to the Act to provide financing
for the Improvements.
(c) The City is authorized by Section 475.60, subdivision 2(9), of the Act to
negotiate the sale of the Bonds, it being determined that the City has retained an independent
financial advisor in connection with such sale. The actions of the City staff and the City’s
municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects.
2. Sale of Bonds. To provide monies to finance the Improvements, the City will therefore
issue and sell Bonds in the proposed aggregate principal amount of $3,330,000, which amount is subject
to adjustment in accordance with the official Terms of Proposal (the “Terms of Proposal”). The Bonds
will be issued, sold and delivered in accordance with the Terms of Proposal attached hereto as
EXHIBIT A.
3. Authority of Municipal Advisor. Springsted Incorporated is authorized and directed to
negotiate the Bonds in accordance with the Terms of Proposal. The City Council will meet at 7:00 P.M.
on Tuesday, July 19, 2016, to consider proposals on the Bonds and take any other appropriate action with
respect to the Bonds.
4. Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond
counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of
necessary documents, certificates and instruments relating to the Bonds. The officers, employees and
agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such
documents, certificates, and instruments.
5. Covenants. In the resolution awarding the sale of the Bonds, the City Council will set
forth the covenants and undertakings required by the Act.
6. Official Statement. In connection with the sale of the Bonds, the officers or employees of
the City are authorized and directed to cooperate with Springsted Incorporated and participate in the
preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon
its completion.
8.3
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
_____________, and upon vote being taken thereon the following members voted in favor of the motion:
and the following voted against:
whereupon the resolution was declared duly passed and adopted.
8.3
EXHIBIT A
TERMS OF PROPOSAL
8.3
8.3
8.3
8.3
8.3
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF CRYSTAL )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Crystal,
Minnesota (the “City”), hereby certify that I have carefully compared the attached and foregoing extract
of minutes of a regular meeting of the City Council of the City held on Tuesday, June 7, 2016, with the
original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar
as they relate to the issuance and sale of the City’s General Obligation Improvement Bonds,
Series 2016A, in the approximate aggregate principal amount of $3,330,000.
WITNESS My hand as City Clerk and the corporate seal of the City this ____ day of
________________, 2016.
City Clerk
City of Crystal, Minnesota
(SEAL)
8.3
City of Crystal, Minnesota
Recommendations for Issuance of Bonds
$3,330,000 General Obligation Improvement Bonds, Series 2016A
The Council has under consideration the issuance of bonds to finance various street improvement projects within the
City. This document provides information relative to the proposed issuance.
KEY EVENTS: The following summary schedule includes the timing of some of the key events that will
occur relative to the bond issuance.
June 7, 2016 Council sets sale date and terms
Week of July 4, 2016 Rating conference is conducted
July 19, 2016, 10:00 a.m. Competitive proposals are received
July 19, 2016, 7 :00 p.m. Council considers award of the Bonds
August 25, 2016 Proceeds are received
RATING: An application will be made to Moody’s Investors Service for a rating on the Bonds. The
City’s general obligation debt is currently rated “Aa 2” by Moody’s.
THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer’s Index (“BBI”)
which measures the yield of high grade municipal bonds in the 20th year for general
obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25
Bond Index). The following chart illustrates these two indices over the past five years .
St
u
d
y
N o.
:
0
11
0
0
.1
1
4
Ju
n
e
1
,
2
0
1
6
8.3
Page 2
POST ISSUANCE
COMPLIANCE:
The issuance of the Bonds will result in post-issuance compliance responsibilities. The
responsibilities are in two primary areas: i) compliance with federal arbitrage requirements
and ii) compliance with secondary disclosure requi rements.
Federal arbitrage requirements include a wide range of implications that have been taken
into account as your issue has been structured. Post-issuance compliance responsibilities
for your tax-exempt issue include both rebate and yield restriction provisions of the IRS
Code. In very general terms the arbitrage requirements control the earnings on
unexpended bond proceeds, including investment earnings, moneys held for debt service
payments (which are considered to be proceeds under the IRS regulations), and/or
reserves. Under certain circumstances any “excess earnings” will need to be paid to the
IRS to maintain the tax-exempt status of the Bonds. Any interest earnings on gross bond
proceeds or debt service funds should not be spent until it has been determined based on
actual facts that they are not “excess earnings” as defined by the IRS Code.
There is an exemption from rebate for an issuer that qualifies as a “small issuer”, which is
defined as an issuer whose total tax-exempt financing in a calendar year is not expected to
exceed $5 million. The City does not anticipate issuing more than $5 million of tax -exempt
obligations in 2016; however if they do not qualify as a small issuer fo r calendar year 2016 ,
the City expects to meet the 18-month spending exception. Regardless of whether an
issue qualifies for an exemption from the rebate provisions, yield restriction provisions will
apply to the debt service fund under certain conditions and any unspent bond proceeds
remaining after three years. These funds should be monitored throughout the life of the
Bonds.
Secondary disclosure requirements result from an SEC requirement that underwriters
provide ongoing disclosure information to investors. To meet this requirement, any
prospective underwriter will require the City to commit to providing the information needed
to comply under a continuing disclosure agreement.
Springsted currently provides arbitrage and continuing disclosure services to the City for
their outstanding issues. Springsted, with City staff, will amend the existing Agreement for
Municipal Advisor Services to add the Bonds.
PURPOSE: Proceeds of the Bonds along with various other sources of funds in the total amount of
$3,073,137 including prepayments in the amount of $774,045 will be used to finance
various street improvement projects throughout the City totaling $6,323,137. The projects
include related utility improvements and private driveways.
AUTHORITY: Statutory Authority: The Bonds are being issued pursuant to Minnesota Statutes,
Chapters 429 and 475.
Statutory Requirements: Pursuant to Minnesota Statutes, Chapter 429, at least 20% of the
City’s share of projected costs of the project must be paid from special assessments. The
street projects being financed under this statute meet that requirement.
SECURITY AND
SOURCE OF
PAYMENT:
The Bonds will be general obligations of the City secured by its full faith and credit and
taxing power. In addition, the City will pledge special assessments against benefited
properties. Special assessments in the total principal amount of approximately $4,024,045
are expected to be filed on or about October 1, 2016 for first collection in 2017. The City
anticipates that approximately 15% or $774,045 of the assessments will be prepaid. As of
May 24, 2016, the City has received prepayments of $638,443. The prepaid assessments
8.3
Page 3
are being used to reduce the issue size of the Bonds. The remaining assessments of
$3,250,000 will be collected over a term of 15 years with equal annual payments of
principal. Interest on the unpaid balance of special assessments will be charged at an
interest rate of 4.50%. Each year’s collection of assessments will be used to pay the
interest payment due August 1 in the collection year and the principal and intere st due
February 1 of the following year.
It is anticipated that assessments if paid in full will be sufficient to pay 105% of the debt
service on the Bonds and that the City will not be required to levy general ad valorem
taxes.
STRUCTURING
SUMMARY:
In consultation with the City, the Bonds have been structured around the projected
assessment income to result in an approximately level annual surplus.
SCHEDULES
ATTACHED:
Schedules attached include the sources and uses of funds, net debt service schedule and
assessment income schedule.
RISKS/SPECIAL
CONSIDERATIONS:
The outcome of this financing will rely on the market conditions at the time of the sale. Any
projections included herein are estimates based on current market conditions.
SALE TERMS AND
MARKETING:
Variability of Issue Size: A specific provision in the sale terms permits modifications to the
issue size and/or maturity structure to customize the issue once the price and interest rates
are set on the day of sale.
Prepayment Provisions: Bonds maturing on or after February 1, 2027 may be prepaid at a
price of par plus accrued interest on or after February 1, 2026.
Bank Qualification: The City does not expect to issue more than $10 million in tax -exempt
obligations that counts against the $10 million limit for 2016; therefore, the Bonds are
designated as bank qualified.
SUPPLEMENTAL
INFORMATION AND
BOND RECORD:
Supplementary information will be available to staff including detailed terms and conditions
of sale, comprehensive structuring schedules and information to assist in meeting post -
issuance compliance responsibilities.
Upon completion of the financing, a bond record will be provided that contains pertinent
documents and final debt service calculations for the transaction.
8.3
Page 4
$3,330,000
City of Crystal, Minnesota
General Obligation Improvement Bonds, Series 2016A
Sources & Uses
Dated 08/25/2016 | Delivered 08/25/2016
Sources Of Funds
Par Amount of Bonds.....................................................................................................................................................................................$3,330,000.00
MCES Reimbursement......................................................................................................................................................................................838,637.00
Prepaid Assessments.....................................................................................................................................................................................774,045.00
Private Driveway & Sewer Assessments....................................................................................................................................................................592,000.00
Utility Funds...........................................................................................................................................................................................443,532.00
MSA Funds...............................................................................................................................................................................................424,923.00
Total Sources...........................................................................................................................................................................................$6,403,137.00
Uses Of Funds
Deposit to Project Construction Fund....................................................................................................................................................................6,323,137.00
Costs of Issuance.......................................................................................................................................................................................45,980.00
Total Underwriter's Discount (1.000%)..................................................................................................................................................................33,300.00
Rounding Amount.........................................................................................................................................................................................720.00
Total Uses..............................................................................................................................................................................................$6,403,137.00
2016A GO Imp Bonds | SINGLE PURPOSE | 5/23/2016 | 4:54 PM
8.3
Page 5
$3,330,000
City of Crystal, Minnesota
General Obligation Improvement Bonds, Series 2016A
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P+I Net New D/S 105% of Total Revenue Annual
Surplus
02/01/2017 - -------
02/01/2018 340,000.00 0.800% 72,125.33 412,125.33 412,125.33 432,731.60 466,917.00 34,185.40
02/01/2019 255,000.00 0.950% 47,600.00 302,600.00 302,600.00 317,730.00 353,166.98 35,436.98
02/01/2020 245,000.00 1.050% 45,177.50 290,177.50 290,177.50 304,686.38 343,416.98 38,730.61
02/01/2021 240,000.00 1.150% 42,605.00 282,605.00 282,605.00 296,735.25 333,666.96 36,931.71
02/01/2022 235,000.00 1.300% 39,845.00 274,845.00 274,845.00 288,587.25 323,916.94 35,329.69
02/01/2023 230,000.00 1.400% 36,790.00 266,790.00 266,790.00 280,129.50 314,166.92 34,037.42
02/01/2024 220,000.00 1.500% 33,570.00 253,570.00 253,570.00 266,248.50 304,416.92 38,168.42
02/01/2025 215,000.00 1.600% 30,270.00 245,270.00 245,270.00 257,533.50 294,666.90 37,133.40
02/01/2026 210,000.00 1.700% 26,830.00 236,830.00 236,830.00 248,671.50 284,916.88 36,245.38
02/01/2027 205,000.00 1.800% 23,260.00 228,260.00 228,260.00 239,673.00 275,166.86 35,493.86
02/01/2028 200,000.00 1.900% 19,570.00 219,570.00 219,570.00 230,548.50 265,415.86 34,867.36
02/01/2029 195,000.00 2.000% 15,770.00 210,770.00 210,770.00 221,308.50 255,665.88 34,357.38
02/01/2030 185,000.00 2.100% 11,870.00 196,870.00 196,870.00 206,713.50 245,915.92 39,202.42
02/01/2031 180,000.00 2.200% 7,985.00 187,985.00 187,985.00 197,384.25 236,165.94 38,781.69
02/01/2032 175,000.00 2.300% 4,025.00 179,025.00 179,025.00 187,976.25 226,415.98 38,439.73
Total $3,330,000.00 - $457,292.83 $3,787,292.83 $3,787,292.83 $3,976,657.47 $4,523,998.92 $547,341.45
SIGNIFICANT DATES
Dated...................................................................................................................................................................................................8/25/2016
Delivery Date...........................................................................................................................................................................................8/25/2016
First Coupon Date.......................................................................................................................................................................................8/01/2017
Yield Statistics
Bond Year Dollars.......................................................................................................................................................................................$25,833.00
Average Life............................................................................................................................................................................................7.758 Years
Average Coupon..........................................................................................................................................................................................1.7701886%
Net Interest Cost (NIC).................................................................................................................................................................................1.8990935%
True Interest Cost (TIC)................................................................................................................................................................................1.8975921%
Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.7564023%
All Inclusive Cost (AIC)................................................................................................................................................................................2.0959257%
IRS Form 8038
Net Interest Cost.......................................................................................................................................................................................1.7701886%
Weighted Average Maturity...............................................................................................................................................................................7.758 Years
2016A GO Imp Bonds | SINGLE PURPOSE | 5/23/2016 | 4:54 PM
8.3
Page 6
$3,250,000
City of Crystal, Minnesota
General Obligation Improvement Bonds, Series 2016A
Assessments
ASSESSMENT INCOME
Date Principal Coupon Interest Total P+I
12/31/2016 ----
12/31/2017 216,667.00 4.500%250,250.00 466,917.00
12/31/2018 216,667.00 4.500%136,499.98 353,166.98
12/31/2019 216,667.00 4.500%126,749.98 343,416.98
12/31/2020 216,667.00 4.500%116,999.96 333,666.96
12/31/2021 216,667.00 4.500%107,249.94 323,916.94
12/31/2022 216,667.00 4.500%97,499.92 314,166.92
12/31/2023 216,667.00 4.500%87,749.92 304,416.92
12/31/2024 216,667.00 4.500%77,999.90 294,666.90
12/31/2025 216,667.00 4.500%68,249.88 284,916.88
12/31/2026 216,667.00 4.500%58,499.86 275,166.86
12/31/2027 216,666.00 4.500%48,749.86 265,415.86
12/31/2028 216,666.00 4.500%38,999.88 255,665.88
12/31/2029 216,666.00 4.500%29,249.92 245,915.92
12/31/2030 216,666.00 4.500%19,499.94 236,165.94
12/31/2031 216,666.00 4.500%9,749.98 226,415.98
Total $3,250,000.00 -$1,273,998.92 $4,523,998.92
SIGNIFICANT DATES
Filing Date.............................................................................................................................................................................................4/15/2016
First Payment Date......................................................................................................................................................................................12/31/2017
2016A GO Imp Bonds - Asse | SINGLE PURPOSE | 5/23/2016 | 4:54 PM
8.3
8.4
CITY OF CRYSTAL, MINNESOTA
RESOLUTION NO. _____
RESOLUTION PROVIDING FOR THE PREPAYMENT AND
REDEMPTION OF THE CITY’S OUTSTANDING GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2005A
BE IT RESOLVED By the City Council of the City of Crystal, Minnesota (the “City”), as follows:
1. The City previously issued and sold its General Obligation Improvement Bonds,
Series 2005A (the “Bonds”), dated as of September 1, 2005, in the original aggregate principal amount of
$1,440,000, of which $435,000 in principal amount is currently outstanding. Bonds maturing on or after
February 1, 2017, are subject to call for prior redemption on February 1, 2016, or on any date thereafter at
a price of par plus accrued interest. Redemption may be in whole or in part, and if in part, at the option of
the City and in such order as the City will determine and within a maturity selected by the U.S. Bank
National Association, Saint Paul, Minnesota, acting as the registrar for the Bonds (the “Registrar”).
Prepayments will be at a price of par plus accrued interest.
2. It is determined that it is in the best interests of the sound financial management of the
City that Bonds maturing on February 1, 2017, and thereafter, comprising all of the Bonds subject to
redemption, be prepaid and redeemed on August 1, 2016 (or on the first date thereafter for which the
Registrar can provide proper notice to the holders of the Bonds), and those Bonds are hereby called for
redemption on that date in the aggregate principal amount of $435,000.
3. The Registrar is authorized and directed to mail notice of call for redemption of the
Bonds in the form attached hereto as EXHIBIT A to the registered owners of each Bond to be redeemed
at the address shown on the registration books kept by the Registrar.
Adopted by the City Council of the City of Crystal, Minnesota this 7th day of June, 2016.
Mayor
ATTEST:
City Clerk
8.4
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
$1,440,000
CITY OF CRYSTAL, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS
SERIES 2005A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Crystal,
Minnesota (the “City”), there have been called for redemption and prepayment on
August 1, 2016
all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2005A,
dated as of September 1, 2005, having stated maturity dates of February 1 in the years 2017 through 2021,
both inclusive, totaling $435,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity Amount CUSIP
2017 $90,000 229345 XB4
2018 90,000 229345 XC2
2019 85,000 229345 XD0
2020 85,000 229345 XE8
2021 85,000 229345 XF5
The bonds are being called at a price of par plus accrued interest to August 1, 2016, on which date all
interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of U.S. Bank National Association, in the
City of Saint Paul, Minnesota, on or before August 1, 2016.
If by mail: If by hand or overnight:
U.S. Bank National Association U.S. Bank National Association
Corporate Trust Operations, 3rd Floor 60 Livingston Avenue
P.O. Box 64111 EP-MN-WS3C
St. Paul, MN 55164-0111 Bond Drop Window, 1st Floor
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003,
federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time
the payment by the redeeming institutions if they are not provided with your social security number or federal
employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form,
which may be obtained at a bank or other financial institution.
Dated: ______________, 2016.
8.4
BY ORDER OF THE CITY COUNCIL OF THE CITY
OF CRYSTAL, MINNESOTA
By /s/ Chrissy Serres
City Clerk
City of Crystal, Minnesota
8.4
8.4
CITY OF CRYSTAL, MINNESOTA
RESOLUTION NO. _____
RESOLUTION PROVIDING FOR THE PREPAYMENT AND
REDEMPTION OF THE CITY’S OUTSTANDING GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2006A
BE IT RESOLVED By the City Council of the City of Crystal, Minnesota (the “City”), as follows:
1. The City previously issued and sold its General Obligation Improvement Bonds,
Series 2006A (the “Bonds”), dated as of June 15, 2006, in the original aggregate principal amount of
$1,855,000, of which $655,000 in principal amount is currently outstanding. Bonds maturing on or after
February 1, 2017, are subject to call for prior redemption on February 1, 2016, or on any date thereafter at
a price of par plus accrued interest. Redemption may be in whole or in part, and if in part, at the option of
the City and in such order as the City will determine and within a maturity selected by the U.S. Bank
National Association, Saint Paul, Minnesota, acting as the registrar for the Bonds (the “Registrar”).
Prepayments will be at a price of par plus accrued interest.
2. It is determined that it is in the best interests of the sound financial management of the
City that Bonds maturing on February 1, 2017, and thereafter, comprising all of the Bonds subject to
redemption, be prepaid and redeemed on August 1, 2016 (or on the first date thereafter for which the
Registrar can provide proper notice to the holders of the Bonds), and those Bonds are hereby called for
redemption on that date in the aggregate principal amount of $655,000.
3. The Registrar is authorized and directed to mail notice of call for redemption of the
Bonds in the form attached hereto as EXHIBIT A to the registered owners of each Bond to be redeemed
at the address shown on the registration books kept by the Registrar.
Adopted by the City Council of the City of Crystal, Minnesota this 7th day of June, 2016.
Mayor
ATTEST:
City Clerk
8.4
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
$1,855,000
CITY OF CRYSTAL, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS
SERIES 2006A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Crystal,
Minnesota (the “City”), there have been called for redemption and prepayment on
August 1, 2016
all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2006A,
dated as of June 15, 2006, having stated maturity dates of February 1 in the years 2017 through 2022,
both inclusive, totaling $655,000 in principal amount, and with the following CUSIP numbers:
Year of Maturity Amount CUSIP
2017 $115,000 229345 YG2
2018 115,000 229345 YH0
2019 110,000 229345 YJ6
2020 110,000 229345 YK3
2021 105,000 229345 YL1
2022 100,000 229345YM9
The bonds are being called at a price of par plus accrued interest to August 1, 2016, on which date all
interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at the main office of U.S. Bank National Association, in the
City of Saint Paul, Minnesota, on or before August 1, 2016.
If by mail: If by hand or overnight:
U.S. Bank National Association U.S. Bank National Association
Corporate Trust Operations, 3rd Floor 60 Livingston Avenue
P.O. Box 64111 EP-MN-WS3C
St. Paul, MN 55164-0111 Bond Drop Window, 1st Floor
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003,
federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time
the payment by the redeeming institutions if they are not provided with your social security number or federal
employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form,
which may be obtained at a bank or other financial institution.
Dated: ______________, 2016.
8.4
BY ORDER OF THE CITY COUNCIL OF THE CITY
OF CRYSTAL, MINNESOTA
By /s/ Chrissy Serres
City Clerk
City of Crystal, Minnesota
8.4
Memorandum
DATE: June 7, 2016
TO: City Council
FROM: Mark Ray, PE, Public Works Director
SUBJECT: Phase 16 Street Reconstruction – Order Feasibility Report
Summary
This summer the Crystal street reconstruction program is in Phase 15 of a total of 16
proposed phases that originally started in 1995. Phase 16 is proposed to take place in
2017. Street reconstruction projects last around two years from design to final project
closeout. At the May 17th Council work session, staff provided a tentative schedule for
the Phase 16 street reconstruction project.
The first Council action needed is the ordering of the feasibility report. The feasibility
report looks at the entire project to determine the project limits, existing conditions,
proposed work to be included in the project, and includes both an initial cost estimate
and estimate of assessments. As with previous phases, SEH, Inc. will be preparing the
feasibility report under a supplemental agreement to the master professional services
contract.
Ordering the feasibility report will be the first of six Council meetings, over the next year,
where project items will come to the Council for consideration and proposed action.
Opportunities for public input will occur throughout the project.
• A questionnaire will be mailed out to properties in the project area in the summer
of 2016.
• Neighborhood meetings will occur in the fall of 2016 and early spring 2017.
• Public hearings will occur in the fall of 2016, spring 2017, and fall 2017.
• Residents may contact City staff assigned to the project anytime.
• Both City staff and consultant staff will be in the field during construction.
Attachments
• SEH Supplement Letter of Agreement of Professional Services
• Phase 16 Location Map (preliminary)
• Phase 16 Project Process schedule
Recommended Action
Motion to approve the resolution ordering the feasibility report for the Phase 16 Street
Reconstruction Project.
8.5
Supplemental Letter of Agreement
to Agreement for Professional Services
Dated July 7, 2009
May 27, 2016 RE: Crystal, MN
2017 - Phase 16 Skyway Park Street
Reconstruction
Report on Feasibility
City Project No. 2016-16
SEH No. P-CRYST 137212 10.00
Mark Ray, PE
Director of Public Works / City Engineer
City of Crystal
4141 Douglas Drive North
Crystal, MN 55422-1696
Dear Mark:
We appreciate the opportunity to submit our Supplemental Letter Agreement for the Phase 16 Skyway
Park Feasibility Study (Study). We understand that this Study is a refinement of work already begun by
the Update to the 2003 Overall Study for Crystal’s Local Street Reconstruction Program. Our services
are in accordance with the updated Exhibit A, Paragraph B of the Agreement for Professional Services
dated July 7, 2009 (Agreement).
The Study area limits are the Skyway Park Neighborhood, bounded on the west by County Road 81, the
south by Bass Lake Road, the east by Twin Lake and the Brooklyn Center corporate limits, and the north
by 62nd Avenue and the Brooklyn Park corporate limits.
In general, in this phase we will continue the process followed in the first fifteen phases of local street
reconstruction in Crystal. Specifically we propose the following key activities:
1. Prepare a “kick-off” newsletter that will include the resident survey on driveways, sump pumps, rain
gardens and sanitary sewer service repair. It will also ask Phase 15 residents to indicate if they have
private underground lawn irrigation and pet containment systems.
2. Utilize property information data supplied by the City’s GIS system to prepare the mock assessment
roll.
3. Utilize amounts and locations of existing D and B style concrete curb and gutter, as well as locations
without existing curb and gutter, supplied by the City’s GIS system to prepare the mock assessment
roll.
4. Study the area-wide existing storm sewer system capacity.
5. Study roadway width, parking/no parking, sidewalk and pavement striping options along the project
area Municipal State Aid (MSA) routes, which are:
a. 58th Avenue between Regent and Orchard Avenues, and
8.5
b. Regent Avenue between Bass Lake Road and 58th Avenue.
6. Study the impact of construction on existing trees, retaining walls and other features in the boulevard
area.
7. Coordinate the reconstruction of 62nd Avenue between Lakeland Avenue and Douglas Drive with the
City of Brooklyn Park.
8. Account for the continuation of the private sanitary sewer service and driveway repair programs.
9. Assist the City in coordinating with CenterPoint Energy for possible system wide upgrades.
10. Assist the City in obtaining quotes for soil investigation work.
11. Obtain preliminary topographic survey data.
12. Prepare for the following meetings:
a. Three (3) with Engineering and Public Works Staff
b. One (1) coordination meeting with City of Brooklyn Park staff
c. One (1) coordination meeting with City of Brooklyn Center staff
d. One (1) Neighborhood Open House
e. One (1) City Council Workshop
f. One (1) City Council meeting to present report findings
g. One (1) Public Improvement Hearing with the City Council to present report findings
If applicable, we will submit a separate proposal to verify the presence or absence of soil contamination
above regulatory limits and qualify the contaminants for proper disposal and/or treatment prior to or
during construction.
We will deliver fourteen (14) final copies of the Study for your use.
According to Exhibit C-3, Paragraph A of the Agreement, we will use the most recent opinion of probable
construction cost for the project as approved by the owner to calculate our fee. The most recent opinion
of probable cost is outlined in the following table.
ITEM COST
Total Estimated Construction Cost on which to base the Total
Engineering Fee Percentage $5,686,330 (1)
Total Engineering Fee Percentage 13.92% (2)
Total Feasibility Study, Plans, Specifications, Estimate and Bidding
and Construction Phase Engineering Fees $791,537
Total Feasibility Study Engineering Fee $55,157
(1) From the attached Appendix B – Street Reconstruction Construction Unit Costs Comparison per
Phase.
(2) Per attached Appendix A (Revised December 7, 2012).
In accordance with Appendix A dated December 7, 2012 to this Supplemental Agreement, our lump sum
fee for this entire project is calculated on the basis of 13.92% of the total estimated construction cost or
$791,537 including expenses.
Per Minnesota Statutes, the report on feasibility has to be provided to the City on an hourly basis.
Therefore, in accordance with Exhibit C-3, Paragraph A of the Agreement, we will provide the City with
the report on feasibility for a total hourly fee of $555,157 including expenses.
8.5
We will bill the City monthly on an hourly basis for services, expenses, and equipment as described in
Exhibit C-1 of the Agreement. For your convenience, we include our billable cost range and schedule of
expenses as Appendices C and D to this Supplemental Letter Agreement. The above financial
arrangements are based on the orderly and continuous progress of the project.
We will start our services promptly after receipt of your authorization of this Agreement. We anticipate
fitting our work to match the following key City milestones.
Item Milestone Date
Authorization to Proceed June 7
City Council Workshop September 6
Deliver Study to the City September 14
Present Study to the City Council September 20
Neighborhood Open House October 6
Preliminary Topographic Survey Begins October 10
Public Improvement Hearing October 18
We understand an estimated total project cost was established for Phase 16 as part of the Update to the
2003 Overall Study and updated based on actual street reconstruction costs per linear foot of street
centerline. We understand these limitations are realistic and will try to work within those limitations.
This Supplemental Letter Agreement and the Agreement represent the entire understanding between you
and us in respect to the project and may only be modified in writing signed by both of us. If it satisfactorily
sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space
provided below and return it to us.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Aaron T. Ditzler, PE
Project Manager
City of Crystal, Minnesota
Accepted this _____ day of _________________, 2016
By: _____________________________
Title _____________________________
By _____________________________
Title _____________________________
Enclosures
p:\ae\c\cryst\137212\1-genl\10-contracts\03-proposal\phase 16 feasibility report proposal.docx
8.5
CRYSTAL, MINNESOTA
2016 - TWIN OAKS PARK STREET RECONSTRUCTION
CITY PROJECT NO. 2015-15
Street Reconstruction Construction Unit Costs Comparison Per Phase
Date: March 19, 2007
Revised: March 27, 2007; September 4, 2008; September 11, 2008; September 15, 2008
Revised: August 31, 2010; September 7, 2010; September 15, 2010; March 28, 2011; May 23, 2011
Revised: August 24, 2011; August 31, 2011; September 2, 2011; September 12, 2011; March 30, 2012
Revised: August 23, 2012; April 9, 2013; August 22, 2014; August 27, 2014; March 12, 2015
Revised: June 8, 2015; August 26, 2015; September 8, 2015; March 10, 2016
P:\AE\C\Cryst\134610\6-const-contracts\Bid Open Financing\[phase 1 thru 16 unit cost comparison Ph 15 report.xlsx]Unit Cost Infl Yr 3 in a row
12 345 6
A Phase
Total
Construction
Costs (1)(2)
Total Linear
Footage Cost Per Foot Year
Percentage Change
between Phase (6)
B 1 $1,910,682.00 26,000 $73.49 1995 N/A
C 2 $2,146,070.00 26,001 $82.54 1996 12.31%
D 3 $2,955,272.32 34,496 $85.67 1997 3.79%
E 4 $1,983,572.00 22,340 $88.79 1998 3.64%
F 1999
G 2000
H 5 $1,833,244.82 15,928 $115.10 2001 29.63%
J 2002
K 2003
L 6 $3,497,617.15 31,420 $111.32 2004 -3.28%
M 7 $2,430,629.35 21,261 $114.32 2005 2.69%
N 8 $3,754,632.48 29,645 $126.65 2006 10.79%
O 2007
P 9 $3,909,687.00 25,456 $153.59 2008 21.27%
Q 10 $5,880,116.00 41,785 $140.72 2009 -8.38%
R 2010
S 11 $2,834,538.00 19,885 $142.55 2011 1.30%
T 12 $5,139,067.15 32,240 $159.40 2012 11.82% (8)
U 13 $5,069,105.00 29,789 $170.17 2013 6.76% (8)
V 2014
W 14 $5,125,339.65 26,990 $189.90 2015 11.59% (8)
X 15 $4,594,115.00 26,262 $174.93 2016 -7.88% (8)
Y 16 $5,686,330.00 31,000 $183.43 2017 4.86% (7)
(1) Costs without Sanitary, Watermain, and Private Costs
(2) Costs are in year the project was built (Phases 1-15)
(3) Not Used
(4) Not Used
(5) 15 Projects over 21 years
(6) Cell Formula equal to C4/B4 -1, etc.
(7) Based on average annual increase in construction cost between Phase 1 and 14
(8) Based on Awarded Bid Construction Cost
$7
3
.
4
9
$8
2
.
5
4
$8
5
.
6
7
$8
8
.
7
9
$1
1
5
.
1
0
$1
1
1
.
3
2
$1
1
4
.
3
2
$1
2
6
.
6
5
$1
5
3
.
5
9
$1
4
0
.
7
2
$1
4
2
.
5
5
$1
5
9
.
4
0
$1
7
0
.
1
7
$1
8
9
.
9
0
$1
7
4
.
9
3
$1
8
3
.
4
3
$25.00
$50.00
$75.00
$100.00
$125.00
$150.00
$175.00
$200.00
$225.00
$250.00
19
9
5
19
9
6
19
9
7
19
9
8
19
9
9
20
0
0
20
0
1
20
0
2
20
0
3
20
0
4
20
0
5
20
0
6
20
0
7
20
0
8
20
0
9
20
1
0
20
1
1
20
1
2
20
1
3
20
1
4
20
1
5
20
1
6
20
1
7
20
1
8
Co
s
t
P
e
r
L
i
n
e
a
r
F
o
o
t
Year
Street Reconstruction Construction Unit Costs Comparison Per Phase
AVERAGE ANNUAL INCREASE IN
CONSTRUCTION COST BETWEEN
PHASE 1 AND 15:
4.22% (5)
8.5
APPENDIX A
CITY OF CRYSTAL STREET RECOSTRUCITON
LUMP SUM ENGINEERING SERVICES AGREEMENT
AS PERCENTAGE OF FINAL CONSTRUCTION COST
SHORT ELLIOTT HENDRICKSON, INC.
DECEMBER 7, 2012 *
Final
Construction
Cost ($)
Total
Engineering
Fee (%)
Feasibility
Study (%)
Plans and
Specs (%)
Construction
Mgmt (%)
$2,000,000 19.52% 1.37% 7.80% 10.35%
$2,250,000 19.12% 1.34% 7.65% 10.13%
$2,500,000 18.72% 1.31% 7.49% 9.92%
$2,750,000 18.32% 1.28% 7.33% 9.71%
$3,000,000 17.92% 1.25% 7.17% 9.50%
$3,250,000 17.52% 1.23% 7.00% 9.29%
$3,500,000 17.12% 1.20% 6.85% 9.07%
$3,750,000 16.72% 1.17% 6.69% 8.86%
$4,000,000 16.32% 1.14% 6.53% 8.65%
$4,250,000 15.92% 1.11% 6.37% 8.44%
$4,500,000 15.52% 1.09% 6.20% 8.23%
$4,750,000 15.12% 1.06% 6.05% 8.01%
$5,000,000 14.72% 1.03% 5.89% 7.80%
$5,250,000 14.32% 1.00% 5.73% 7.59%
$5,500,000 13.92% 0.97% 5.57% 7.38%
$5,750,000 13.52% 0.95% 5.40% 7.17%
$6,000,000 13.12% 0.92% 5.25% 6.95%
$6,250,000 12.72% 0.89% 5.09% 6.74%
$6,500,000 12.32% 0.86% 4.93% 6.53%
$6,750,000 11.92% 0.83% 4.77% 6.32%
$7,000,000 11.52% 0.81% 4.60% 6.11%
$7,250,000 11.12% 0.78% 4.45% 5.89%
$7,500,000 10.72% 0.75% 4.29% 5.68%
$7,750,000 10.32% 0.72% 4.13% 5.47%
$8,000,000 9.92% 0.69% 3.97% 5.26%
Final construction cost includes 15% of private driveway and sanitary sewer repair costs.
Total fee will be based on Total Engineering Fee percentage column. Remaining three columns are
only possible breakdowns to be used to keep cost of each phase balanced.
*Revised 10-9-07 (private to 15%)
*Revised 1-14-09 (Revised Percentages for Total Engineering Fee, Feasibility Study, Plans and Specs, and Construction Mgmt)
*Revised 12-7-12 (Revised Percentages for Total Engineering Fee, Feasibility Study, Plans and Specs, and Construction Mgmt)
P:\AE\C\Cryst\Common\Master Contract\REVISED APPENDIX A 12 07 12.docx
8.5
SEH Hourly Billable Rates – 2016
Classification - Office Staff Billable Rate (1)
Principal $155.00 - $240.00
Project Manager $120.00 - $215.00
Senior Project Specialist $140.00 - $195.00
Senior Project Engineer $125.00 - $200.00
Project Engineer $100.00 - $160.00
Staff Engineer $75.00 - $120.00
Senior Project Architect $125.00 - $195.00
Project Architect $95.00 - $140.00
Staff Architect $75.00 - $115.00
Senior Project Scientist $120.00 - $160.00
Project Scientist $70.00 - $115.00
Staff Scientist $60.00 - $90.00
Senior Project Planner $125.00 - $190.00
Project Planner $90.00 - $135.00
Staff Planner $70.00 - $90.00
Project GIS Analyst $70.00 - $140.00
Lead Technician $90.00 - $150.00
Senior Technician $75.00 - $130.00
Technician $65.00 - $100.00
Word Processor $55.00 - $90.00
General Clerical $55.00 - $90.00
Graphic Designers $80.00 - $100.00
Classification – Field Staff Billable Rate (1)
Licensed Land Surveyor $100.00 - $140.00
Lead Project Representative $90.00 - $150.00
Sr. Project Representative $75.00 - $125.00
Project Representative $65.00 - $115.00
Survey Crew Chief $80.00 - $115.00
Survey Instrument Operator $60.00 - $90.00
(1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project.
The rates shown are subject to change.
Effective: January 1, 2016
Expires: December 31, 2016
8.5
SEH Schedule of Expenses – 2016
Vehicle Mileage Rates
$0.54/mile
Vehicle Allowance Costs
Resident Project Representative .................................................................. $13.00/day
Survey and Field Vehicle ......................................................... $4.50/hour + $0.54/mile
Survey Equipment
Robotic Total Station ................................................................................... $25.00/hour
Global Positioning System (GPS) ............................................................... $25.00/hour
Computer Equipment
Computer Charges per Direct Hour of Labor ................................................ $3.00/hour
Other Equipment Expenses
SEH uses many different types of equipment, such as traffic counters; flow meters;
air, water, and soil sampling kits; inspection cameras; density meters; and many
others. Our equipment is frequently upgraded to utilize current technology. You will
be charged for equipment usage per your agreement with SEH.
Rates are subject to change.
Identifiable Reproduction and Reprographic Costs – 2016
Item 8½x11 11x17 Large Format Per Item
Black/White Copy (3) 0.07 0.24 0.95 + 0.50/sq. ft.
Color Copy (3) 0.46 1.02 0.95 + 2.55/sq. ft.
Mylar 5.00
CD Copy 3.00
Lamination 2.00 3.50 3.50/sq. ft.
Laminated Foamcore
– up to 30”x 42”
– larger than 40”x 60”
40.00
75.00
3-Ring Binder size 1” 2” 3” 4”
cost 3.20 4.80 5.60 7.24
Machine Folding 0.02
Binding
– wire
– comb
3.60
3.20
Covers
– custom
– blank
0.15
0.03
Tabs (white) 0.20
Mailing/Processing UPS or USPS rates
(1) prices include operator time
(2) prices denote single-sided printing
(3) standard stock, white paper used for pricing
Prices are subject to change and may not be accompanied by immediate notification.
8.5
B
N
S
F
R
a
i
l
r
o
a
d
Becker Park
CrystalShoppingCenter
CRYSTAL AIRPORT
BASS LAKE ROAD
North Bass Lake Park
Skyway Park
Crystal
Airport
56TH
HA
M
P
S
H
I
R
E
60TH
62ND L
E
E
L
A
K
E
L
A
N
D
B
N
S
F
8
1
57TH
60TH
58TH
61ST
QU
A
I
L
58TH
62ND
57TH
60TH
YA
T
E
S
59TH
57TH
PE
R
R
Y
56THO
RCHARD
W
E
S
T
B
R
O
A
D
W
A
Y
AD
A
I
R
LOMBARDY
59TH
LOMBARDY
QU
A
I
L
CLOVERDALE
57TH
CRYSTAL AIRPORT
5 8 T H
RE
G
E
N
T
XE
N
I
A
WE
L
C
O
M
E
56TH
57TH
60TH
FL
O
R
I
D
A
ID
A
H
O
61ST
WILLOW
TO
L
E
D
O
AD
A
I
R
UN
I
T
Y
PE
R
R
Y
LA
K
E
L
A
N
D
CLOVERDALE
58TH
DUDLEY
CR
Y
S
T
A
L
A
I
R
P
O
R
T
WE
L
C
O
M
E
XE
N
I
A
61ST
MA
J
O
R
OR
C
H
A
R
D
CLOVERDALE
BRENTWOOD TW
I
N
L
A
K
E
OR
C
H
A
R
D
O R C H A R
D
DO
U
G
L
A
S
BR
U
N
S
W
I
C
K
VE
R
A
C
R
U
Z
ZA
N
E
ZANE
HA
M
P
S
H
I
R
E
E
L
M
H
U
R
S
T
COLORADO
CO
L
O
R
A
D
O
S
H
E
R
B
U
R
N
E
SC
O
T
T
SC
O
T
T
O0500250Feet
FILE NO.
CRYST137212
FIGURE 1
PHASE 16PHASE 16
LOCATION MAPLOCATION MAP
Pa
t
h
:
P
:
\
A
E
\
C
\
C
r
y
s
t
\
1
3
7
2
1
2
\
G
I
S
\
M
a
p
s
\
F
i
g
u
r
e
1
L
o
c
a
t
i
o
n
M
a
p
.
m
x
d
Da
t
e
:
5
/
1
2
/
2
0
1
6
Legend
Project Limits
City Parks
Water Features
Area Not in Study
DRAFT
8.5
May 31, 2016 G:\Projects\2017\Phase 16\429 Project Process Form Phase 16 rev. 5.4.16.docx
2016 – Phase 16 Skyway Street Reconstruction Project Process (2016-16)
429 process: Minnesota State Statute 429 outlines the process for assessments for public improvements. Rev.5/4/16
Date Project Step Purpose of Step Council Action Staff Action
May 17, 2016 Council work session on Feasibility Report Discuss Phase 16 project and first steps of starting design.
June 7, 2016 Order preparation of Feasibility Report Ordering the Feasibility Report is a required step in the 429 process. Resolution 2016 September 6, 2016 Council Work session Update Provide the Council with information on the Feasibility Report and the next required steps.
September 20, 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
October 6, 2016 Neighborhood Meeting Provide a brief overview of the proposed project. Gather resident input on concerns or questions they have about the project. Meeting will be in the Community Room from 6pm to 8pm. Mail Notices late September 2016
October 18, 2016 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: late September 2016 Ad in paper: Last week in September and first week in October
October 18, 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
January 12, 2017 Neighborhood Meeting Present plans and specifications to the neighborhood. Gather resident input on concerns or questions they have about the project. Mail notice: Late December 2016
February 7, 2017 Approve Plans and Order Advertisement for Bids This step is a requirement of the 429 process. Resolution 2017
Mid February 2017 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
March 16, 2017
Bid Opening – 11:00 A.M. Final step in the bidding process. Bids are opened by staff and tabulated. From here staff will make a recommendation to the City Council for award. Open Bids
March 21, 2017 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 2017
April 4, 2017 Council work session on Phase 16 Discuss Phase 16 assessments, bids, and construction process
8.5
May 31, 2016 G:\Projects\2017\Phase 16\429 Project Process Form Phase 16 rev. 5.4.16.docx
Date Project Step Purpose of Step Council Action Staff Action
April 18, 2017 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.
Public Hearing
Mail notice: Early April Ad in paper: Early April
April 18, 2017 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 and allows for the project to move forward with beginning the actual construction process. Once the assessment roll is adopted the assessments are set and become liens against the properties listed.
Resolution 2017 Mail notice of adoption on April 19, 2017
April 18, 2017 Accept Bids and Award Contracts 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 2017
Late April – Early November 2017 Construction
Once the project is awarded staff manages the day-to-day contract execution. 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
October 17, 2017 Conduct Private Driveway and Sewer Service Repair Assessment Hearing and Adopt Assessment
This hearing is only for the properties that chose to participate in the optional driveway and/or sewer program. Properties that went ahead with the work did agree to waive their right to appeal the assessment. 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.
Resolution 2017 / Public Hearing
November 21, 2017 Assessments Certified to Hennepin County Assessments Certified
June 2018 Final Layer of asphalt placed Construction Completion The City Engineer will determine when the project specifications have been met and final payment should be made to the Contractor. Project closed out
8.5
RESOLUTION NO. 2016 - ______
ORDERING PREPARATION OF THE FEASIBILITY REPORT
PHASE 16 STREET RECONSTRUCTION
PROJECT #2016-16
WHEREAS, the City’s Street Reconstruction Program started in 1995; and
WHEREAS, the City has completed Phases 1 through 14 of the Street Reconstruction
Program; and
WHEREAS, Street Reconstruction Phase 15 is under construction; and
WHEREAS, Street Reconstruction Phase 16 remains to be completed; and
WHEREAS, the City Council desires to initiate the design process for Phase 16 in
accordance with Minnesota State Statute 429 requirements; and
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.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders
preparation of the feasibility report for the Phase 16 Street Reconstruction Project, Project
#2016-16.
BE IT FURTHER RESOLVED that the Crystal City Council hereby authorizes the
Mayor and City Manager to sign the supplemental letter of agreement for professional services
with Short Elliott Hendrickson, Inc. to prepare of the Feasibility Report for the Phase 16 Street
Reconstruction project.
Adopted by the Crystal City Council this 7th day of June, 2016.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
8.5
8.6
8.6
8.6
8.6
OPmzFo rujv-�-,
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is: J °-
Name: Zc f& / ,Q "-'
Address: , c 8 d PD A i ZE l�
Zip Code:
Date:
Day Phone (optional):
Email (optional):
Thank you for your attendance and participation.
Posted: June 3, 2016
CRYSTAL CITY COUNCIL
SECOND WORK SESSION AGENDA
Tuesday, June 7, 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, June 7, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal,
Minnesota.
I. Attendance
Council members Staff
____ Libby ____ Norris
____ Parsons ____ Therres
____ Peak ____ Revering
____ Adams ____ Ray
____ Dahl ____ Sutter
____ Deshler ____ Gilchrist
____ Kolb ____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Proposed amendment to Chapter 4 of the City Code based on recommendations from the
City Code Review Task Force
2. 36th and Regent Aves N
3. Douglas Drive striping
4. Follow up to May 31 JWC Tri City Council meeting
5. City representation on WMFRD Relief Association Board
6. Constituent issues update
7. New business*
8. 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: June 7, 2016
TO: City Council
FROM: Mark Ray, PE, Public Works Director
SUBJECT: Follow up to Tri-City meeting
At the May 31 Tri-City Council meeting the final DeCola Ponds Study was presented to the
group. The City Managers are looking for direction from their respective Councils on next steps.
Staff would like the Council’s input on the following questions:
Are you comfortable with the evaluation so far?
Do you understand, in general, what the concerns are?
Do you think another joint power agreement makes sense for moving forward
with this?
Do you have a sense of what this project is in comparison to other storm water
needs in the City?
Issue Type Key Summary Assignee Reporter Status Created Updated
Issue CRCI-50 51XX 52nd Avenue - Barking Dog Anne Norris Anne Norris New Issue 5/10/2016 16:36 5/10/2016 16:36
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 4/1/2016 12:23
Open Issues (JIRA)
Displaying 3 issues at 06/02/16 4:45 PM.
Generated at Thu Jun 02 16:45:37 CDT 2016 by Anne Norris using JIRA 1000.25.1#100000-sha1:fa89b69ddfc796927629ef176d968c6d0dcaca38.
1 of 1
OMIT F'tuti-�'-
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is: '-7-6` 1
Name:Np�..!
Address::` 7
Zip Code: Date:
Day Phone (optional): aT
Email (optional):
Thank you for your attendance and participation.