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2018.03.20 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 16, 2018 City Council Meeting Schedule March 20, 2018 Time Type of meeting Location 6 p.m. Citizen Input Time Conference Room A 6:30 p.m. First City Council work session to discuss: • Sidewalk check in. Conference Room A 7 p.m. City Council meeting Council Chambers Following the City Council meeting Economic Development Authority (EDA) meeting: • Tentative acceptance of a proposal from Novak- Fleck to purchase an EDA lot at 5612 Adair Ave. N. • Tentative acceptance of a proposal from Tollberg Homes to purchase an EDA lot at 5618 Adair Ave. N. Council Chambers Following the EDA meeting Second City Council work session to discuss: • Comprehensive Plan update. • Municipal State Aid designation changes. • Winnetka pond project - goose management and native buffer planting. • Constituent issues update. • City manager monthly 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: March 16, 2018 City Council First Work Session Agenda March 20, 2018 6:30 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 March 20, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ LaRoche ____ Therres ____ Parsons ____ Gilchrist ____ Adams ____ Ray ____ Budziszewski ____ Leslin ____ Dahl ____ Serres ____ Deshler ____ Kolb II. Agenda The purpose of the work session is to discuss the following agenda item: 1. Sidewalk check in. 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. Memorandum DATE: March 20, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Snow removal on sidewalks check in Summary At a previous work session the Council discussed the City Code provision requiring adjacent property owners to remove snow from the sidewalk adjacent to their property within 12 hours of the snow ending. Staff had made the comment that the current Code does not reference that the City currently removes snow from some sidewalks in the City and the fact that the City does not clear all sidewalks within 12 hours like Code specifies. This lead to a larger discussion about the responsibility for snow removal on sidewalks that are located within the public right of way and have a role in the transportation system in the City. Fast facts • City currently clears just under 30 miles of sidewalks • Adjacent property owners are responsible for clearing about 5 miles of sidewalks • It costs $46 dollars per hour to operate the sidewalk machine (regular labor time and fuel only) while running the snow blower. • When using the snow blowers, the equipment averages about 2 miles per hour when clearing snow (as compared to driving between locations). • The equipment and attachments cost around $150,000. We anticipate a 10 year life which then makes the cost $15,000 per year per sidewalk machine. Our current oldest trackless is 12 years old and has had some significant repairs (radiator and exhaust replaced) this year. • Maintenance costs average around $1,200 per year per sidewalk machine. • The City has two sidewalk machines that clear the snow from the sidewalks. Depending on the snow event and amount of snow on the ground there are two attachments (a V-plow or a snow blower) that are used to remove the snow. • Snow removal on the primary sidewalk routes (along County Highways) starts 5 hours after the main plows start. • Depending on when it is in the winter and how much snow we get, it can take from 1 to 4 days to clear all the sidewalks. • For the snow event the evening of March 5th (4 inches) it took us two days to finish clearing all the sidewalks. The snow event on February 25th (6 inches) took us three and a half days. Clarification on cost Staff is not proposing adding additional staff or equipment, just a shift in priorities. If we do clear additional sidewalks we are not planning on using overtime to do the work and it will be after the current routes are done. The added cost will really come in the added wear and tear on the equipment from clearing more miles of sidewalk. If the equipment significantly damages a sidewalk panel, the panel will need to be replaced. That said, replacing significantly heaved or damaged panels is normal maintenance anyway and is done based on which panels are the worst and how much funding is allocated for replacement in a given year. The City may get some complaints about scratches or dings on the sidewalk panels, but from an operational standpoint this is not a concern as it is really an aesthetic issue. Finally, damage to turf along the sidewalk is repaird with sod or dirt and seed. So the more miles the City clears, the more damage that could occur with costs and time associated to repair it. That said, we do not see this being a significant cost in the overall picture of street maintenance operations. As far as what other tasks will be shifted to accommodate the sidewalk clearing, this would be things like hauling the snow from parking lots or other locations where the available snow storage space is limited, repairs to signs that may have been hit by vehicles during the snow event, post-plow maintenance on the equipment. General responses to some common comments • While the snow removal attachments have blades along the bottom that wear with time, they are not intended to perfectly scrape all the sidewalk surfaces. Due to the uneven surfaces, various metal items in the sidewalks, and edges between panels the blades wear unevenly and bounce as the equipment travels down the sidewalk. Hand shoveling the sidewalks will produce better results than removal by City equipment as our focus is on bulk removal and speed (relative). • Due to the size and weight of the equipment, along with the inability to tell exactly where the sidewalk edges are, damage will be done to the grass along the sidewalk as well as potential items along the sidewalk hidden by snow. The City will repair turf, but items (irrigation heads, yard gnomes, etc.) along the sidewalk are considered private items in the right of way and are the responsibility of the property owner to repair. • It will take us days to get to all the sidewalks. If there are multiple events back to back, it most likely will be over a week. We currently get a few complaints about how long it takes us to get the sidewalks done. Actions taken by staff In late January the City sent out a letter to properties (36) adjacent to sidewalk segments that were not connected on both ends to gather their input. A letter was sent out in early March to an additional property that was identified later. Of the 38 letters sent out, we have received 10 responses in support of removal and 5 in support of keeping it. A comparison of the letters sent to the responses received is not a good one because some segments of sidewalk have only one adjacent property, others have up to six adjacent properties. The total mileage of these sidewalks is around 0.75 miles. Staff have also done field visits to a few of the sidewalks that are not currently plowed and confirmed that the snow removal equipment will fit (albeit with a small, about 4 inches per side, margin of error). That said, it should be noted the broom will not fit. We need to inspect the sidewalks when the snow has melted to see if there are any hidden potential hazards or obstructions along the sidewalks. We will also be checking for adequate space to store snow in the yards along the sidewalks. Media attention CCX, Star Tribune, KSTP radio, City Pages, KSTP (TV), Sun Post, Quick Country 96.5 (radio/website out of Rochester) are all known to have all carried stories on this topic. Attachments • Map of current snow removal responsibilities • Map of potential sidewalk removals Discussion topics Snow removal 1) What information do you need to make a decision regarding keeping the practice as it currently is or changing it so the City removes snow on all City sidewalks? 2) How would you like us to reach out to the community to get input? 3) If we move forward with clearing all sidewalks, should residents be responsible for marking the sidewalks (posts) or just risk damage? Sidewalk removal 1) What are the Council’s feelings towards removing some sidewalks? 2) If we move forward with removing some sidewalks, if the adjacent property owner wants to keep their sidewalk, should the City still do snow removal? What about other maintenance? 3) What additional information do you need to help in this decision making process? Recommended Action No formal action is needed. Staff just wants to make sure everyone (Council and staff) are on the same page with regards to the overall process and future direction. 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Adair Ave 776'Zane Ave 429' 34th Ave 106' Noble Ave 39' 35th Ave 319' 34th Ave 259' 1 0 0 36th Z a n e 8 1 42nd A d a i r B N S F D o u g l a s R e g e n t N o b l e 45th 35th M a j o r 4 3 r d H a m p s h i r e 38th 44th 40th O r c h a r d 41st 47th Co l o r a d o 37th T o l e d o I d a h o B r u n s w i c k W e s t B r o a d w a y Fl o r i d a 46th U n i t y Q u a i l S c o t t Hill Y a t e s J e r s e y 34th P e r r y G e o r g i a Markwood R a i l r o a d X e n i a L a k e 45 1/2 Valley Drake L a k e l a n d H u b b a r d 39th E d g e w o o d W e l c o m e V e r a C r u z T w i n O a k 3 3 r d 44 1/2 L i l a c 40 1/2 39 1/2 P a r k e r M e m o r y 47th I d a h o 45th P a r k e r 4 1 s t Qu a i l 45th 38th 35th I d a h o 34th 39th 40th Y a t e s S c o t t F l o r i d a 46th 35th Y a t e s W e l c o m e 35th X e n i a Q u a i l M a j o r J e r s e y J e r s e y P e r r y J e r s e y 41st 41st P e r r y F l o r i d a 40th G e o r g i a V e r a C r u z 45th J e r s e y J e r s e y X e n i a A d a i r 40th G e o r g i a 39th F l o r i d a B r u n s w i c k W e l c o m e 39th 39th T o l e d o 46th 41s t H a m p s h i r e X e n i a L a k e l a n d 41st F l o r i d a O r c h a r d 37th 43rd X e n i a ¹Date: 3/14/2018 0 1,000 2,000 3,000 500 Feet Non-Network Sidewalks, Potential Removals 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda March 20, 2018 7 p.m. Council Chambers The 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. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The regular City Council meeting on March 6, 2018. b. The regular City Council work session on March 6, 2018. c. The regular City Council work session on March 8, 2018. 3.2 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. 3.3 Approval of a resolution accepting the following donation: a. $200 from Sarah Brynteson Tupperware for the Crystal Ball. 3.4 Approval of a temporary on-sale liquor license for a social event on April 27, 2018, submitted by the Church of St. Raphael located at 7301 56th Ave. N. 3.5 Approval of a resolution authorizing Becker Park Infiltration Project grant agreement with Metropolitan Council Environmental Services. 4. 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 March 20, 2018 Page 2 of 3 5. Regular Agenda 5.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 5.2 The Council will consider approval of a purchasing policy. As discussed at a work session earlier this year, Finance Director McGann has been developing a purchasing policy. Recommend approval of this policy. 5.3 The Council will consider resolutions for fund transfers and the opening and closing of funds. During last August’s budget work sessions and at subsequent work sessions, Finance Director McGann discussed the potential of restructuring capital funds and creating internal funds to better track and plan for expenses. Recommend approval of the resolutions making these changes. 5.4 The Council will consider a resolution approving a joint powers agreement with the City of New Hope for the mill and overlay of a portion of 36th Avenue. One of this year’s projects is a joint project with New Hope regarding the maintenance and milling and overlaying a portion of 36th Avenue. A joint powers agreement between the two cities is necessary. Recommend approval of the resolution approving this joint powers agreement. 5.5 The Council will consider authorizing a feasibility study of potentially surplus land. During last year’s budget discussions, the City Council asked staff to research the potential for selling any surplus property to help fund capital funds. The City Council received a preliminary report on this at its March 8 work session. Recommend authorizing a feasibility study of potentially surplus land. 6. Announcements a. Crystal Business Association meets on Wednesday, March 21, at 8:30 a.m. in the Community Room; Mayor Adams will present the 2018 State of the City. b. The Crystal Ball will be held Saturday, March 24, at Crystal Community Center. Tickets are available at the Crystal Community Center and on the city’s website at www.crystalmn.gov. c. The next City Council meeting is Tuesday, April 3, at 7 p.m. in the Council Chambers at City Hall. d. Girl and Boy Scout troops are invited to lead the pledge at City Council meetings. Troops who are interested may contact city staff for information. e. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. Crystal City Council Meeting Agenda March 20, 2018 Page 3 of 3 7. Adjournment 8. March 20, 2018 Meeting Schedule Time Type of meeting Location 6 p.m. Citizen Input Time Conference Room A 6:30 p.m. First City Council work session to discuss: • Sidewalk check in. Conference Room A 7 p.m. City Council meeting Council Chambers Following the City Council meeting Economic Development Authority (EDA) meeting: • Tentative acceptance of a proposal from Novak- Fleck to purchase an EDA lot at 5612 Adair Ave. N. • Tentative acceptance of a proposal from Tollberg Homes to purchase an EDA lot at 5618 Adair Ave. N. Council Chambers Following the EDA meeting Second City Council work session to discuss: • Comprehensive Plan update. • Municipal State Aid designation changes. • Winnetka pond project - goose management and native buffer planting. • Constituent issues update. • City manager monthly 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 meeting minutes March 6, 2018 Page 1 of 2 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on March 6, 2018 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. 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 following attendance was recorded: Council members present: Kolb, LaRoche, Parsons, Adams, Budziszewski, Dahl and Deshler. City staff present: Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Deputy Police Chief D. Leslin 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 Council Member Parsons and seconded by Council Member Deshler to approve the agenda. Motion carried. 3.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a.The regular City Council meeting on Feb. 20, 2018. b.The regular City Council work sessions on Feb. 20, 2018. 3.2 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. 3.3 Approval of Resolution No. 2018-40, accepting the following donations: a.$1,600 from Reill Properties, LLC for the Crystal Ball. b.$500 from AH Auto, Inc., DBA Crystal Auto Spa for the Crystal Ball. 3.4 Approval of solicitor licenses for Mark Jenson and Jon Stebbings of Walter’s Recycling and Refuse to go door-to-door in Crystal through Dec. 31, 2018, selling trash removal services. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 3.1(a) Crystal City Council meeting minutes March 6, 2018 Page 2 of 2 4. Open Forum The following person addressed the Council: • Burt Orred, 6700 60th Ave. N., commended the City of Crystal on its newsletter publication. 5. Regular Agenda 5.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Deshler and seconded by Council Member Budziszewski to approve the list of disbursements over $25,000. Voting aye: Kolb, LaRoche, Parsons, Adams, Budziszewski, Dahl and Deshler. Motion carried. 6. Announcements The Council made several announcements about upcoming events. 7. Adjournment Moved by Council Member Deshler and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 7:12 p.m. __________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk 3.1(a) Crystal City Council work session minutes March 6, 2018 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:45 p.m. on March 6, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Kolb, LaRoche, Parsons, Adams, Budziszewski, Dahl and Deshler. City staff present: Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Deputy Police Chief D. Leslin and City Clerk C. Serres. II.Agenda The Council and staff discussed the following agenda items: 1.Constituent issues update. 2.New business. 3.Announcements. III.Adjournment The work session adjourned at 6:58 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 3.1(b) Crystal City Council work session minutes March 8, 2018 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on March 8, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The assistant city manager/human resources manager recorded the attendance for City Council members and staff: Council members present: Kolb, LaRoche, Parsons, Adams, Budziszewski and Dahl. Absent: Deshler. City staff present: Assistant City Manager/Human Resources Manager K. Therres, Community Development Director J. Sutter and City Planner D. Olson. II.Agenda The Council and staff discussed the following agenda items: 1.Accessory dwelling units follow up. 2. Potentially surplus land. III.Adjournment The work session adjourned at 7:56 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kimberly Therres Assistant City Manager/Human Resources Manager 3.1(c) Page 1 of 1 City of Crystal Council Meeting March 20, 2018 Applications for City License Rental – Renewal 4009 Adair Ave N – Jawad Behsudi (Conditional) 4353 Adair Ave N – James Richards (Conditional) 4500 Adair Ave N – Reill Properties LLC (Conditional) 5205 Angeline Ave N – Austin Lutz 4051 Brunswick Ave N – Serenity Village Community Church (Conditional) 5123 Corvallis Ave N – Nancy and Jerad Soule 5116 Edgewood Ave N – Mitchell Investments LLC (Conditional) 6330 Fairview Ave N – Ken Olson 2942 Idaho Ave N – CRGV Properties LLC 5943 Jersey Ave N – JMW Investments (Conditional) 3520 Lee Ave N – Juniper Land Trust LLC (Conditional) 3540 Regent Ave N – Larry Brockel 3131 Sumter Ave N – Crystal Village Apartment LLC (Conditional) 4950 Welcome Ave N – Home Sweet Homes LLC (Conditional) 5716 Wilshire Blvd – Mike Viaene and Jon Kotrba (Conditional) 3000 Winnetka Ave N – 3000 Winnetka Company LLP (Conditional) 4242 Xenia Ave N – Verne Betlach (Conditional) 4712 Zane Ave N – Charles P Amos 7909 30th Ave N – IH3 Minnesota LP (Conditional) 7601 32nd Ave N – B. T. & A. Construction (Conditional) 6901 36th Ave N – Donna Stangler 7825 58th Pl N – Lori Terrell 7417 59th Ave N – Todd Long (Conditional) Tree Trimmer Maximum Tree Service 106 Ridge Road New London, MN 56273 Minnesota Tree Experts 7527 Oliver Ave N Brooklyn Park, MN 55444 3.2 CITY OF CRYSTAL RESOLUTION NO. 2018 - RESOLUTION ACCEPTING A DONATION FROM SARAH BRYNTESON TUPPERWARE 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 donation: Donor Purpose Amount Sarah Brynteson Tupperware Crystal Ball $200 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks Sarah Brynteson Tupperware for the generous donation. Dated: March 20, 2018 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Chrissy Serres, City Clerk 3.3 3.4 Memorandum DATE: March 20, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Metropolitan Council Green Infrastructure Pilot Program Grant agreement Summary The City of Crystal and the Shingle Creek Watershed Management Commission have been actively seeking funding partners for the Becker Park storm water infiltration project in 2019. Last fall the Shingle Creek Watershed Management Commission submitted a grant application to the Metropolitan Council Green Infrastructure Pilot Program. The Becker Park project was selected to receive $200,000 in funding. However, due to the nature of the grant the City (instead of the watershed) must enter into the agreement with the Metropolitan Council. Current funding summary Secured funding 1.Minnesota Board of Water and Soils Resources, Clean Water Fund Projects and Practices Application $725,000 2.2017 Metropolitan Council Storm Water Grant Program $150,000 3.Shingle Creek Watershed $250,000 4.Metropolitan Council Green Infrastructure Pilot Program Grant $200,000 (pending City Council approval) Other funding sources 1.Talking with Metropolitan Council staff to see if there are any other sources 2.Talking with Hennepin County staff to see if there are any other sources Total outside funding secured = $1,325,000 Total estimated project cost = $2,500,000 Attachments •Metropolitan Council Green Infrastructure Pilot Program Grant agreement Recommended Action Motion to approve the resolution authorizing the Metropolitan Council Green Infrastructure Pilot Program Grant agreement 3.5 Metropolitan Council Green Infrastructure Pilot Program Grant Recipient: City of Crystal Grant No.:SG-103 31 Project: Crystal Becker Park Infiltration Project Grant Period: March 1, 2020 Council Action: 2017-81 Estimated Project Amount: $2,667,000 Maximum Grant Amount: $200,000 Recipient Match: $ 2,317,000 GRANT AGREEMENT THIS AGREEMENT is made and entered into by and between the Metropolitan Council ("the Council") and Recipient named above. RECITALS 1.The Council authorized its staff to enter into green infrastructure grants with local units of government as part of a pilot program. The intent of this pilot program is to work with communities to integrate solutions directed at solving our region's water-related problems in ways that provide multiple benefits, maximize extent of positive impacts, and are technically sound. These projects support the Thrive MSP 2040 stewardship and sustainability outcomes and the water sustainability goal of the Water Resources Policy Plan 2.Recipient has expressed an interest in participating in the green infrastructure pilot grant program 3.Recipient represents that it has the technical capability and is duly qualified to implement and perform all services described in this grant agreement to the satisfaction of the Council. NOW, THEREFORE, the Council and Recipient agree as follows: SectJ"on 1. DefinitJ'ons 1.01 "Project" means the entire work effort necessary to complete the Work Plan, including all of Recipient's obligations under this agreement. 3.5 1.02 "Work Plan" means the means the items of work identified in Exhibit A. Section 2. Grant Amount, Match, Grant Period and Reimbursement Procedures 2.01 Maximum Grant Amount. The Council agrees to make available to Recipient during the grant period a grant of up to the Maximum Grant Amount. This amount is granted for the purpose of reimbursing Recipient for a portion of the eligible costs of performing the Project. The Council's obligations will not exceed the lesser of the following: The Maximum Grant Amount; or B.50% of the total Project expenditures. The Council is not responsible for cost overruns incurred by Recipient. 2.02 Recipient Match. Recipient must provide at least a 100% local match against the Maximum Grant Amount. If the final expenses for the Project are less than the Estimated Project Amount, then the local match will be reduced to 25% of the final Project amount. If the final expenses for the Project exceed the Estimated Project Amount, Recipient is responsible for providing the funds to cover the final costs and expenses. The local match may be cash or an in-kind match. 2.03 Grant Period. The grant begins on the date that this Agreement is fully executed and expires on the earlier of March 1, 2020 or until Recipient satisfactorily fulfills all of its obligations this agreement except the final report required by Section 5.02. At the end of the Grant Period, all grant funds that Recipient has not spent revert to the Council. Section 3. Performance of the Project 3.01 Use of Funds. Recipient must use the funds for this grant only for eligible costs in Section 3.02. 3.02 Eligible Costs. Only the costs specified in this section are eligible for reimbu rsement out of the grant funds. Exhibit B to this Agreement provides the budget for the Project. Recipient may only use the grant funds to pay eligible line item costs in Exhibit B or for costs incurred in preparing the Work Plan in Exhibit A. If the actual cost of a line item in Exhibit B exceeds the budgeted amount by more than 10%, Recipient must notify the Council and Recipient may not use grant funds to pay for the portion that exceeds the budgeted amount by more than 10% without Council approval. Recipient may use grant and matching funds for direct staff costs for Work Plan activities. Recipient may use Grant and matching funds to purchase or lease equipment, machinery, supplies, or other personal property necessary for the grant project. Recipient will comply with the personal property management requirements in Section 3.04 of this agre ement. 2 3.5 If the Council determines that Recipient made an unauthorized or undocumented use of grant funds, the Council may demand repayment and Recipient must promptly repay such amounts to the Council. 3.03 Administration, Supervision, Contractors, and MCUB. Recipient is responsible for the administration, supervision, management, and oversight of the Project. Recipient may employ any professional services and contractors it deems reasonable and necessary to complete the Project. In employing professional services and contractors, the Council strongly encourages Recipient to solicit and include businesses that participate in the Metropolitan Council Underutilized Business Program ("MCUB"). A list of these firms is available on the Council's website. 3.04 Personal Property Management. Title to all personal property acquired with grant and matching funds remains with Recipient. Recipient must take reasonable measures to protect and defend its title interest and must keep the personal property free and clear of any liens, encumbrances, or other claims. Recipient must maintain property records that include, at a minimum, a description of the property, a serial or other identification number, the acquisition date and cost, and the location, use, and condition of the property. In the final report required by section 5.02, Recipient must include a list of all personal property acquired with grant and matching funds that was not used in performance of the Project. At the end of the Grant Period, Recipient agrees to transfer title to all personal property that is not incorporated into the Project and was acquired in whole or in part with grant funds to the Council, at the Council's option, at no charge. The Council reserves the right to direct appropriate disposition of all personal property not used for the grant project which were acquired in whole or in part with grant funds. During the Grant Period, Recipient bears the risk of loss of, damage to, or destruction of any personal property acquired with grant or matching funds. No such loss, damage, or destruction will relieve Recipient of its obligations under this agreement. Recipient will maintain personal property acquired with grant or matching funds in good operating order. If, during the Grant Period, any project personal property is not used in performing the project, whether by planned withdrawal, misuse, or casualty loss, Recipient must immediately notify the Council's Authorized Representative, Unless otherwise approved by the Council's Authorized Representative, Recipient must remit to the Council a proportional amount of the fair market value of any items that are not used, calculated on the basis of the proportion of Council grant funds used to acquire the items. 3.05 Educational Signs. Recipient will ensure that the completed project inc ludes educational signs that mention the Council's contribution to the Project. Section 4. Accounting, Record, and Audit Requirements 4.01 Accounting and Record-keeping. Recipient will establish and maintain a separate account for the Project and maintain accurate and complete books, records, documents, and other evidence of the costs and expenses of implementing this agreement in detail that accurately reflects the total cost of the Project and all net costs, direct and 3 3.5 indirect, of labor, materials, equipment, supplies, services, and other costs and expenses. Recipient must use generally accepted accounting principles. Recipient must retain these records for at least 6 years after the end of the Grant Period. 4.02 Audit. Individuals designated or authorized by the Council may audit the accounts and records of Recipient related to this agreement in the same manner as other accounts and records of Recipient. The Council may conduct such audit and inspection on Recipient's premises or otherwise at any time following reasonable notification during the Grant Period and for a period of six years thereafter. Under Minnesota Statutes section 16C.05, subdivision 5, Recipient's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State, its representatives, the State Auditor, and the Legislative Auditor for a minimum of 6 years from the end of this agreement. Recipient will make available at all reasonable times and before and during the period of records retention proper facilities for examination and audit. Section 5. Reimbursement, Reporting and Monitoring 5.01 Reimbursement Request/Quarterly Progress Reports. To receive Reimbursement under this agreement, Recipient must submit a Reimbursement Request/Quarterly Report to the Council. The Council must receive the Report within 30 days after the end of each calendar quarter. In the Report, Recipient must provide a detailed summary of completed work activities and project expenditures, including a comparison of actual activities and expenditures against planned activities and projected expenditures, and MCUB inclusion efforts under Section 3.03. Recipient must provide sufficient documentation of grant eligible expenditures and any other information the Council's staff reasonably requests. Recipient must submit a Quarterly Report as outlined in this section even if Recipient is not submitting a Reimbursement Request. The Council will make the final determination whether the expenditures are eligible for reimbursement under this agreement and verify the total amount requested from the Council. Reimbursement of any cost is not a waiver by the Council of any Recipient noncompliance with this agreement. The Council will reimburse all eligible grant expenditures not in excess of the total amount of grant amount under this agreement within 60 days after receiving satisfactory documentation from Recipient. Recipient's documentation is subject to review and acceptance or rejection by the Council. The Council will be deemed to have accepted Recipient's documentation if the Council does not reject it in writing within 21 days of receipt. The Council will not reimburse recipient for work done outside of the Grant Period. 5.02 Final Report. Within 60 days after the expiration of the Grant Period, the Council must receive from Recipient for Council review and approval a final report in a format determined by the Council, detailing total Project receipts and expenditures, summarizing all Project activity, describing MCUB inclusion efforts under Section 3.03, and containing a certification by Recipient's chief financial officer that all grant funds were expended in accordance with this agreement. The final report must include a list of project 4 3.5 personal property as required by paragraph 3.04. This A greement remains in effect until the Council approves the Final Report. 5.03 Other Monitoring Activities. To assist the Council in monitoring compliance with the grant agreement, Recipient agrees to attend meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. Section 6. General Conditions 6.01 Compliance with Law. Recipient will comply with all applicable state and federal laws. Further, it is Recipient's obligation and responsibility, and not the Council's, to comply with all other laws, regulations, and rules relating to activities undertaken in performing the Project. 6.02 Maximum Use of Other Funds. If Recipient at any time receives funding or reimb ursement from another source for amounts charged by Recipient against this grant, Recipient must immediately refund the funds charged against this grant to the Council. 6.03 Liability. Each party is responsible for its own acts and the results thereof to the extent authorized by law. A party is not responsible for the acts of the other party and the results thereof. The Council and Recipient's liability are governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. Notwithstanding this provision, to the fullest extent permitted by law, Recipient will defend, hold harmless, and indemnify the Council and its members, employees, and agents from and against all claims, damages, losses, and expenses, including but not limited to attorney fees, arising out of or resulting from clean-up, removal, and disposal of contaminants related to the Project. This inclu des, without limitation, any claims asserted under the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation will not be constructed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and Recipient. Recipient's obligation to indemnify the Council is not a waiver on the part of either Recipient or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 6.04 Changes in the Project. If Recipient, for any reason, determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs of a portion of the Project, Recipient must immediately submit to the Council a statement describing the situation and giving the reasons for Recipient's determination. Recipient may, simultaneously with the submission of the statement or within a reasonable time thereafter, recommend alternative projects, activities, uses, expenditures, or allocations of grant funds. 5 3.5 If the Council determines that Recipient's recommendations may be immediately approved, Recipient and the Council may execute a written amendment to this agreement as provided in section 6.05. If the Council determines that Recipient's recommendations may not be immediately approved, Recipient and the Council may execute a written amendment to this agreement only after appropriate authorizations by the Council and Recipient. 6.05 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes will be effective only upon execution of a written amendment signed by both parties. 6.06 Equal Opportunity; Affirmative Action. Recipient will comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use. In particular, Recipient agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition, Recipient must include affirmative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the grant funds. 6.07 Permits, Bonds, and Approvals. Recipient is responsible for obtaining and complying with all applicable local, state, and federal licenses, permits, bonds, approvals, inspections, and authorizations necessary for the Project. 6.08 Termination for Cause. This agreement may be terminated by the Council for cause at any time with 7 days' written notice to Recipient. Cause means a material breach of this agreement and any supplemental agreements or amendments to this agreement. If the Council terminates the agreement for cause, it may require Recipient to repay the grant funds in full or in a portion determined by the Council. Nothing in this section limits the Council's legal remedies to recover grant funds. 6.09 Termination for Convenience. Either party may terminate this grant agreement at any time by giving the other party written notice of termination at least 30 days before the effective date of the termination. On termination, the Council will compensate Recipient on a pro rata basis for work plan activities that were satisfactorily performed in accordance with this agreement. 6.10 Intellectual Property. Recipient agrees that the results of the grant project, the reports submitted, and any new information or technology that are developed with the assistance of this grant are in the public domain and may not be copyrighted, patented, trademarked or designated as trade secret. 6.11 Government Data Practices. Recipient and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, as it applies to all data 6 3.5 provided by the Council under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Recipient under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either Recipient or the Council. If Recipient receives a request to release the data referred to in this section, Recipient must promptly notify the Council. 6.12 Promotional Materials. Recipient will submit to the Council a copy of any promotional information regarding the grant project disseminated by Recipient during the Grant Period. Recipient will acknowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the grant project. 6.13 Jurisdiction and Venue. Venue for all legal proceedings arising out of this grant agreement, or breach of this grant agreement, will in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 6.14 Authorized Representatives. The Council's Authorized Representative is: Joe Mulcahy Environmental Analyst RECIPIENT'S Authorized Representative is: Mark Ray City Engineer All written communication under this agreement must be sent electronically or by United States Mail to the Authorized Representative. Either party may change its Authorized Representative by notifying the other party in writing. When possible, communications between the parties concerning this agreement will be directed through the authorized representatives. 6.15 Survival. Sections 4.01, 4.02, 6.03, 6.10, 6.12, and 6.13 of this Agreement, and the rights, duties and obligations of the Council and Recipient created in those Sections, survive termination or expiration of this Agreement. 7 3.5 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the dates below. METROPOLITA N COUNCIL By:---------------Weston Kooistra Regional Administrator Date: ______________ _ RECIPIENT The Recipient certifies that the appropriate persons have executed this agreement on behalf of the Recipient as re quired by applicable articles, bylaws, resolutions and ordinances. By:--------------- Date: ______________ _ By:--------------- Date: ______________ _ 8 3.5 3.5 Task 3: Construction Contract This task is the construction of the Infiltration Project, including excavation; installation of the underground infiltration system and diversion structure; modifications to the trunk storm sewer and appurtenances; and any removals and restoration specific to the Infiltration Project work and not included in the master site improvements. The estimated cost of this task is as follows: Table 1. Construction contract subtasks. Subtask Engineer's Estimate Mobilization $118,000 Site preparation 159,000 Excavation 242,000 Bedding material 604,000 Underground infiltration system 1,035,000 Diversion structure 253,000 Utility work 18,000 Restoration 43,000 TOTAL ESTIMATED COST $2,472,000 Schedule Final plans and specifications, permitting, and the final public outreach process will occur in 2018, with the project expected to be bid and awarded in late 2018. Construction is expected to start in February­ March 2019, with substantial completion expected by September 2019. Table 3. Project schedule. Task 2018 2019 J' f M A M J J A s 0 N: Di J F M A M J J A s 0 N 1 2 3 EXHIBIT A D 3.5 Budget and Funding EXHIBIT B Project Budget The Metropolitan Council 2017 Green Infrastructure Pilot Grant requires a 100% match, or $200,000. The source of that match will be the $250,000 Shingle Creek Watershed Management Commission funds already levied for this project, which will be passed through to the City of Crystal through a cooperative agreement. Grant funds would be used to help purchase and install undergr ound infiltration system subtask. Table 2. Estimated costs and funding sources by task. Funding Source Met Council Task Met Council Green Clean Water City SC WMC SW Grant Infrastructure Fund Total Grant 1 $70,000 $70,000 2 125,000 125,000 3 $1,342,000 $250,000 $150,000 $200,000 530,000 2,472,000 TOTAL $1,342,000 $250,000 $150,000 $200,000 $725,000 $2,667,000 EXHIBLT B 3.5 RESOLUTION NO. 2018- ___ AUTHORIZE THE METROPOLITIAN COUNCIL GREEN INFRASTRUCTURE PILOT PROGRAM GRANT AGREEMENT WHEREAS, the City of Crystal is in the design phase of the planned underground infiltration tank construction at Becker Park in 2019; and WHEREAS, the City of Crystal and Shingle Creek Watershed Management Commission have been actively seeking outside funding partners; and WHEREAS, the Shingle Creek Watershed Management Commission submitted a grant application to the Metropolitan Council’s Green Infrastructure Pilot Program Grant opportunity; and WHEREAS, the Becker Park project was selected for funding ($200,000) through Metropolitan Council’s Green Infrastructure Pilot Program Grant opportunity; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the Metropolitan Council Green Infrastructure Pilot Program Grant agreement. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign such agreement. Adopted by the Crystal City Council this 20th day of March, 2018. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 3.5 5.1 Memorandum DATE: March 19, 2018 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, AEM Financial Solutions, LLC SUBJECT: Purchasing policy ____________________________________________________________________ Background Over the past several months staff has been reviewing the purchasing guidelines set out in the City. The review of this policy was instigated by the upcoming implementation of electronic workflow. The purchasing policy parameters will be part of the built in workflow with the new system. Council reviewed the draft policy at the City Council work session on February 5, 2018. Electronic Workflow Implementation During the first and second quarter of this year we are working on implementation of an electronic workflow for all invoices paid by the City. By moving forward with this implementation the City will be scanning invoices received by mail and distributing to the responsible parties electronically. If invoices are received by email, they will be integrated with the electronic workflow system and also distributed electronically. The responsible approver will be providing both coding and authorization electronically. This information is then electronically routed to finance, reviewed and updated into the financial system. In addition, this allows the City to maintain electronic records rather than paper copies and will eventually reduce the space necessary for records retention. As an added benefit, users of the financial system will be able drill down and see the actual invoice that was paid in the financial system. There are several phases to this project which we are working on in conjunction with LOGIS. We anticipate this system going live by the end of May. Purchasing Policy and Approval Level To have a successful implementation we have developed a purchasing policy that identifies purchasing authority and is consistent throughout the City. In addition, it provides guidance based on Minnesota legal compliance as well as internal policy. The workflow is then developed based on this policy. The recommended purchasing policy is included with this packet. Conclusion The City Council is requested to review and consider approval of the Purchasing Policy. 5.2 City of Crystal, Minnesota Purchasing Policy Adopted by City Council on: __________________________ 1. Policy The budget allocates funds for the purchase of personnel, supplies, other services and capital. Requests cannot be made for items outside the budget except under special circumstances. These special circumstances will have to be approved by the City Manager. The Purchasing Agent is the City Manager. Purchases less than $500 may be purchased by authorized staff members; $2,500 may be purchased by Supervisors; $15,000 may be purchased by Department Directors; purchases up to $25,000 may be approved by the City Manager (without Council approval); and purchases exceeding $25,000 must be approved by the City Council with the following exceptions; Professional services – the City is not required to use the competitive bidding process when contracting for professional services, such as those of engineers, lawyers, architects, and accountants as well as other services requiring technical or professional training like refuse hauling and janitorial services. Insurance contracts – the City is not required to use the competitive bidding process for insurance contracts however; the City must seek requests for proposals for group insurance. 2.Organization Affected All Departments 5.2 City of Crystal, Minnesota 3.Procedure A. Purchase & Bidding Requirements: Amount of Purchase: Type of quote required: Approval required by: Written bid specifications: Sealed bids required: Contract required: Purchase order required: Purchases under $500 None None not required no no no Purchases under $2,500 two telephone quotes are preferred Supervisor not required no no no Purchases between $2,500- $15,000 two written quotes required unless special circumstances are noted Dept. Director as required based on type of purchase no no no Purchases over $15,000 up to $25,000 three written quotes required unless special circumstances are noted City Manager as required based on type of purchase no no no Purchases over $25,000 up to $100,000 three written quotes required unless special circumstances are noted; consult cooperative purchasing programs City Council as required based on type of purchase no construction projects yes; commodities at discretion of City Manager no Purchases greater than $100,000 City Clerk must advertise in City’s legal newspaper City Council required yes yes no Capital Improvement Program (CIP) Purchases – see Section E. 5.2 City of Crystal, Minnesota B. Guaranteed Energy Savings Agreements: State Statues authorize the City to enter into a guaranteed energy savings agreement with a qualified provider for the purpose of implementing comprehensive utility cost-saving measures to improve the energy efficiency of various municipal facilities within the City so long as the implementation costs will not exceed the amount to be saved in utility and maintenance costs over a twenty year period with said utility and maintenance cost savings guaranteed in writing by the qualified provider. The City shall follow all requirements as prescribed in Statute related to this authority to enter into Guaranteed Energy Savings Agreements. C. Responsible Contractor Compliance: A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 of Minnesota Statute 16C.285, with the exception of clause (7), at the time that it responds to the solicitation document. A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section, provided that it contains an electronic signature as defined in section 325L.02, paragraph (h) of Minnesota Statues 16C.285. D. Cooperative Purchasing Contracts: For contracts estimated to exceed $25,000, a city must consider the availability, price, and quality of supplies, materials, or equipment available through the state cooperative purchasing venture before buying through another source. If the City is not utilizing the state's cooperative purchasing venture, the City may consider another national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. 5.2 City of Crystal, Minnesota E. Bidding Requirements: When supplies or equipment are competitive in nature, specifications cannot exclude all but one type of equipment or supplies. Proposals and specifications must allow free and full competition. Bidding requirements cannot be avoided by splitting a contract into several contracts, each of which is below the minimum amount requiring sealed bids. For example, the City cannot purchase $200,000 of lumber in several transactions, each involving an expenditure of less than $100,000. However, if materials or work logically fall into two separate contracts because they involve separate transactions, as for the service of contractors specializing in different kinds of work, there is no reason why the City cannot negotiate the contracts individually without sealed bids if the bids do not exceed the $100,000 minimum. o Capital Improvement Program (CIP) purchases – the CIP is not an adopted budget document, therefore, the expenditure has not been formally authorized. A resolution should be adopted listing the funding source to give the formal authorization to expend the funds for the equipment purchase. o Sales tax – Beginning January 1, 2015 purchases made by the City of Crystal are generally exempt. The general exemption for cities, however, does not apply to purchases made by the City to provide the following goods and services: golf courses, solid waste, and cafes. Certain other exclusions are listed in Statute and should be reviewed on a regular basis. Bidders should specify whether their bid includes sales tax or not. After the work is completed and a purchase order is processed, if the invoice does not itemize sales tax you must obtain a corrected invoice from the vendor if sales tax is applicable on the item purchased. The City is not subject to the Hennepin County Sales and Use Tax of 0.15% that went into effect January 1, 2007. o Consultant services – state law does not require cities to competitively bid contracts for professional services (i.e. attorney, architect, engineer, accountant, cleaning company, or other person with technical, scientific, or professional training such as refuse hauling). o Sealed bids are required for purchases exceeding $100,000, and bids must be advertised by the City Clerk in the City's legal newspaper (Notice to Bidders) and publicly opened and approved by Council resolution. In addition to the legal notice, the City must prepare instructions to bidders and general specifications for sealed bids. Attaching a copy of the proposed contract to the instructions to bidders is required. Sealed bids, including the number of bids received prior to bid opening, are nonpublic. Once opened, the name of the bidder and the dollar amount of the bid are public (all other data is private until completion of the selection process). o Bids vs. Quotes terminology – always use term quotation unless referring to a sealed bid. 5.2 City of Crystal, Minnesota o Bid security (for sealed bids for purchases over $100,000) in the amount of five percent (5%) of the bid shall be submitted to the City Clerk. The bid security guarantees that in the event the bidder’s offer is accepted, the bidder will enter into a contract in accordance with the proposal. Bid security of the successful bidder will be returned upon execution of the contract documents. Bid securities of unsuccessful bidders will be returned within a reasonable time period (Minnesota Statute §574.27). Failure of the successful bidder to execute the Contract and furnish applicable bonds within ten (10) days after receiving written notice of the award shall cause the bid security to be forfeited as liquidated damages to the City. The City Council at this time may award the contract to the next lower competent bidder unless the Council determines that public interest will be better served by accepting a higher bid, or the contract may be re-advertised. As a statutory City, contracts and bids must be awarded to the lowest responsible bidder. It should be noted that the bidder who submits the lowest bid in dollars is not necessarily the "lowest responsible bidder" and the quoted phrase gives the Council reasonable discretion in choosing among bidders. Responsibility, in bid statutes, means not only financial responsibility but also integrity, skill, and the likelihood that the bidder will perform faithful and satisfactory work. o Rejecting Bids (and related Data Practices laws) - the City has the right to reject any and all bids (requests for proposals, requests for bids, sealed bids). All data submitted in response to bid requests are private until bids are opened. If bids are rejected prior to the completion of the evaluation or selection process, all data, other than that made public at the bid opening, remain private until a re-solicitation of bids results in completion of the selection process. If the rejection occurs after the completion of the selection process, the data remain public. If a re-solicitation of bids does not occur within one year of the bid opening date, the remaining data become public F. Use of Requisition/Purchase Order Form: o A purchase order shall not be required by the City. If the vendor requires a purchase order, City staff may request a purchase order from Finance to provide to the vendor. No additional tracking of the purchase order throughout the accounts payable transaction cycle is required. 5.2 Memorandum DATE: March 20, 2018 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, AEM Financial Solutions, LLC RE: Consideration of resolution closing the 2005B Aquatic Center Bond Fund (327) to the Park Improvement Fund (420) and the 2009B/2010A&B Improvement Bond Fund (331) to the Street Improvement Fund (415) Consideration of resolution consolidating the Street Construction (415) and Street Maintenance (410) Funds to the Street Improvement Fund (415) Consideration of resolution establishing internal service and capital funds with transfers from the PIR (405) Fund Consideration of resolution approving other programmatic transfers for 2017 Background Over the past several months, the Council has discussed the establishment of certain internal services funds and capital project funds to assist in the development of a long-term financial plan. Several transfers are needed to facilitate the establishment of these funds. Some of the transfers discussed below are the result of the closing of debt service funds after final maturity of City bonds. Others, are redistribution of existing reserves to segregate the resources for specific initiatives laid out in the City’s long-term plan and capital improvement plan. The proposed transfers are discussed below. Discussion Transfers to Close Funds 2005B Aquatic Bond Fund Closed to Park Improvement Fund The final payment on the Series 2005B Aquatic Center Bonds (Fund 327) was made in 2017. Once all debt has been retired, the related debt service fund needs to be closed. If there are remaining assets in the fund, the City Council needs to make a determination as to where the assets are transferred to. We recommended that the City Council approve the transfer of the following assets and liabilities in the 2005B Aquatic Center Bond Fund to the Park Improvement Fund. Assets Cash $ 216,810.77 Taxes Receivable - Delinquent 4,470.83 Taxes Receivable - Current 1,903.47 Liabilities Accrued Interest 358.00 Deferred Revenue - Taxes 4,470.83 $ 218,356.24 There are no special assessments associated with the 2005B Aquatic Center Bonds, however; there has been a separate tax levy for these bonds in prior years which has resulted in a small delinquent tax receivable. 1 5.3 2009B/2010A&B Bond Fund Closed to Street Improvement Fund Similarly, the 2009B, 2010A and 2010B bonds (Fund 331) have been paid in full. Once all debt has been retired, the related debt service fund needs to be closed. If there are remaining assets in the fund, the City Council needs to make a determination as to where the assets are transferred to. We recommend that the City Council approve the transfer of the following assets and liabilities in the 2009B/2010A&B Improvement Bonds Fund to the Street Improvement Fund. Assets Cash $ 740,318.03 Taxes Receivable - Delinquent 6,366.90 Liabilities Deferred Revenue - Taxes 6,366.90 $ 740,318.03 There are no special assessments associated with the 2009B, 2010A or 2010B Improvement Bonds, however; there has been a separate tax levy for these bonds in prior years which has resulted in a small delinquent tax receivable. Transfers to Consolidate Funds The City Council has discussed the consolidation of the Street Construction (415) and Street Maintenance (410) Funds to the Street Improvement Fund (415). Consolidation of these funds requires the transfer of the assets and liabilities within the Street Maintenance Fund (410) to the new consolidated Street Improvement Fund (415). Assets Cash $ 1,693,557.04 Special Assessment Receivable - Current 610.47 Special Assessment Receivable - Delinquent 1,614.77 Special Assessment Receivable - Deferred 272,046.91 Special Assessment Receivable - Senior Deferred 1,294.21 Liabilities Deferred Revenue - Special Assessments 274,955.89 $ 1,694,167.51 2 5.3 Transfers to Establish Internal Service and Capital Improvement Funds The Council has discussed the establishment of specific internal service funds and capital project funds. To facilitate the establishment of these funds, the following segregation of the PIR Fund (405) is proposed. Assets Cash $ 8,215,548.60 Notes Receiavble 32,690.31 Special Assessment Receivable - Current 1,201.86 Special Assessment Receivable - Delinquent 9,390.22 Special Assessment Receivable - Deferred 533,741.21 Special Assessment Receivable - Senior Deferred 6,171.84 Liabilities Accounts Payable 8,247.99 Due to Other Governments 10,236.50 Deferred Revenue - Special Assessments 549,303.27 Deferred Revenue - Notes Receivable 32,690.31 $ 8,198,265.97 Net Assets Transferred as Follows: Information Technology $ 415,366.89 City Buildings 2,497,297.94 Fleet (Central Garage) 3,012,549.07 Park Improvement 2,273,052.07 $ 8,198,265.97 Other Programmatic Transfers for 2017 A transfer of $2,766.16 from the General Fund to the City Initiatives Fund to cover expenses for the DARE program that were not paid for through donations. A transfer of $420.00 from the General Fund to the City Initiatives Fund to cover the cost of security coverage for the Crystal Ball. Conclusion The City Council is asked to pass the following resolutions approving the transfers discussed above. 3 5.3 City of Crystal RESOLUTION NO 2018 - APPROVING 2017 TRANSFERS WHEREAS, all debt obligations of the 2005B Aquatic Bonds and the 2009B/2010A/2010B Improvement Bonds have been satisfied; and WHEREAS the remaining assets of these funds shall be transferred as follows; • Net assets of $218,356.24 in the 2005B Aquatic Bond Fund will be transferred to the Park Improvement Fund; and • Net assets of $740,318.03 in the 2009B/2010A&B Improvement Bond Fund will be transferred to the Street Improvement Fund; and WHEREAS the following programmatic transfers are approved to support City programs; • A transfer of $2,766.16 from the General Fund to the City Initiatives Fund to cover expenses for the DARE program that were not paid for through donations; and • A transfer of $420.00 from the General Fund to the City Initiatives Fund to cover the cost of security coverage for the Crystal Ball. NOW, THEREFORE BE IT RESOLVED that these 2017 transfers shall be approved effective December 31, 2017. Adopted by the Crystal City Council this 20th day of March, 2018. By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Chrissy Serres, City Clerk 5.3 City of Crystal RESOLUTION NO 2018 - APPROVING 2018 TRANSFERS W HEREAS the Council seeks to establish certain internal service and capital funds; W HEREAS the Council intends to utilize the resources in the PIR Fund to provide for the establishment of the internal service and capital funds; and W HEREAS the following assets of the PIR Fund shall be transferred as follows; •Net assets of $8,198,265.97 in the PIR Fund will be transferred as follows: o Information Technology Fund $415,366.89; o City Building Fund $2,497,297.94; o Central Garage Fund $3,012,549.07; o Park Improvement Fund $2,273,052.07; W HEREAS, consolidation of the Street Maintenance and Street Construction funds into a consolidated Street Improvement Fund will aid in the development of a long-term financial plan for streets; and W HEREAS the remaining assets of the Street Maintenance Fund shall be transferred for the establishment of a new Street Improvement Fund as follows; •Net assets of $1,694,167.51 in the Street Maintenance Fund will be transferred to the Street Improvement Fund; and NOW, THEREFORE BE IT RESOLVED that these 2018 transfers shall be approved effective January 1, 2018. Adopted by the Crystal City Council this 20th day of March, 2018. By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Chrissy Serres, City Clerk 5.3 Memorandum DATE: March 20, 2018 TO: City Council FROM: Mark Ray, PE, Public Works Director/City Engineer Mick Cyert, Engineering Project Manager SUBJECT: Authorize Joint Powers Agreement with New Hope Summary In the summer of 2018 the City is conducting a joint mill and overlay project on 36th Avenue with the City of New Hope. New Hope and Crystal have been planning this project for around a year and New Hope is serving as the lead in the project. The City of Crystal will pay the portion of the project costs for work that occurs within the Crystal City Limits. Within the City of Crystal the project will go from Winnetka Avenue east to nearly Louisiana Avenue. The project will also include some sidewalk panel replacements, curb replacements, and height adjustments on utility structures. The video detection and flashing yellow arrows that were recently installed at 36th Avenue and Winnetka are in conjunction with this project, but are not part of the project that was bid out. Based on the bids that were opened by the City of New Hope, the cost for the portion of work in the Crystal will be $127,194.11. This includes a 20% overhead cost to New Hope to help pay for the engineering design, project management and administration costs with the project. This is the same percentage that Crystal charged New Hope on joint reconstruction projects. Funding for this project was planned for and will come from the Street Maintenance fund. As a reminder, there will be no assessment to adjacent property owners for this project. Attachments •Joint Powers Agreement with New Hope •Bid tabulation Recommended Action Motion authorizing the Joint Powers Agreement with the City of New Hope for the 36th Avenue Mill and Overlay project. 5.4 2018 – 36th AVENUE NORTH MILL AND OVERLAY PROJECT NEW HOPE - CRYSTAL JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into effective as of the _____day of ___________, 2018, by and between the City of New Hope, a municipal corporation under the laws of the State of Minnesota (“New Hope”), and the City of Crystal, a municipal corporation under the laws of the State of Minnesota (“Crystal”), collectively referred to as the “Cities” and individually as a “City.” RECITALS A.The Cities have been planning on coordinating street maintenance work on 36th Avenue between Winnetka Avenue and Louisiana Avenue which shares a common boundary between the Cities. B.36th Avenue is due for a mill and overlay. C.Crystal is planning on coordinating restriping work on 36th Avenue between Louisiana Avenue and Douglas Drive in Crystal. D.The Cities desire to work jointly to complete the contracted mill and overlay and restriping project on 36th Avenue between Winnetka Avenue and Louisiana Avenue (collectively, the “Work” or “Project”). E.Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. F.The scope of the W ork has been negotiated between the Cities and has been incorporated into the plan set entitled “2018 MSA Infrastructure Improvements – New Hope City Project No. 999” as prepared by New Hope (the “Scope of Work”). G.New Hope has worked with its consulting engineer to develop the plans and specifications for the Work (“Plans and Specifications”). H.New Hope has prepared a post bid cost estimate for the Project which estimate shows the total project cost to Crystal, including indirect costs, as detailed in Exhibit A, attached hereto and made a part hereof (“Post Bid Project Cost Estimate”). The Crystal project cost estimate share includes One Hundred Twenty-Seven Thousand, One Hundred and Ninety-Four Dollars and Fourteen Cents ($127,194.14) in total project bid costs for the parts of the Project that lie within the corporate limits of Crystal. I.Crystal has reviewed and approved the Scope of Work and agreed to pay the cost of the W ork within the corporate limits of Crystal. 5.4 2 J.New Hope has agreed to pay the cost of the Work within the corporate limits of New Hope and to administer and supervise the Work in accordance with the Scope of Work and the Plans and Specifications. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the Cities hereby agree as follows: 1.Design and Bidding. The Plans and Specifications, as they may be amended from time to time, are incorporated in and made part of this Agreement. New Hope has advertised for bids for the Project, has received and opened bids pursuant to said advertisement and has entered into, or will enter into, one or more contracts with the successful bidder (“Contractor”) at the unit prices specified in the bid of such Contractor, all according to the applicable procedures under Minnesota law. The contract will include the Plans and Specifications and reflect the Scope of Work. New Hope shall require the Contractor to name Crystal as an additional insured on its commercial general liability insurance policy. 2.Project Administration. New Hope shall administer all aspects of the Project and shall inspect all completed Work. The City Engineer of Crystal shall cooperate with the New Hope City Engineer and the New Hope City Engineer’s staff upon request to aid in the administration of the Project, but shall have no responsibility for the supervision of any of the W ork. 3.Additional Work. New Hope may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. New Hope may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the Contractor for the performance of any and all additional or new work it deems necessary, advantageous, or desirable. If a proposed change exceeds the original Scope of Work jointly contemplated by the Cities, New Hope shall not make the change unless it is first approved by the City Engineer of Crystal. 4.Construction Easements. Crystal shall grant temporary construction easements to New Hope, at no cost to New Hope, over those lands owned by Crystal that are a part of the right-of-way required for the completion of the Work. 5.Apportionment of Cost. The total cost of the Work (“Quantity Price”) shall be apportioned based on the actual construction quantity of items attributable to the portion of the Work occurring in each City. The Cities understand and agree that the New Hope City Engineer’s Post Bid Project Cost Estimate is only an estimate and that the amount paid by each under this Agreement will be based on the final Quantity Price. The Quantity Price shall be determined using the unit prices set forth in the contract with the Contractor and the final quantities as measured by the New 5.4 3 Hope City Engineer. The Quantity Price does not include any costs associated with staff time or expenses incurred by either City. Crystal shall also pay an additional amount equal to 20% of its share of the Quantity Price to New Hope (“Administrative Costs”) to pay its share of the legal, engineering, and administrative costs incurred by New Hope for the Project. 6.Payment. Upon acceptance of the successful bid, New Hope shall provide Crystal an estimated construction cost based upon the contract prices and estimated quantities in the Contractor’s bid, the Administrative Costs, and all other costs required to complete the Work (collectively, the “Estimated Cost”). Within 60 days after receipt of the Estimated Cost, Crystal shall deposit with the New Hope Director of Finance 90% of Crystal’s share of the Estimated Cost. All remaining amounts due from Crystal, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to New Hope within 60 days of final completion of the Work. Upon completion of the Work, New Hope shall submit to Crystal a copy of the New Hope City Engineer’s Quantity Price report, which shall show each City’s final share of the Quantity Price, including the amount of Administrative Costs owed by Crystal. Upon payment by New Hope of the final amount due to the Contractor, any amount payed by Crystal above its agreed upon share of the Quantity Price shall be returned to Crystal. 7.Record Drawings. New Hope shall provide record drawings to Crystal within 90 days of New Hope’s final payment to the Contractor. All records kept by either City with respect to this Agreement shall be subject to examination by the representatives of the other City and the public in accordance with the Minnesota Government Data Practices Act. 8.Traffic Control. If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. New Hope will require the Contractor to furnish, install, and maintain any guide signs, regulatory signs, and pavement markings that may be needed. New Hope shall not be responsible for any damage caused by increased traffic on any municipal streets located in Crystal that arise out of or relate to the Work. 9.Cooperative Activity. To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Cities that they shall be deemed a “single governmental unit” for the purposes of determining total liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a. Nothing in this Agreement is intended to alter, or shall be interpreted as altering, the treatment of the Cities as a single governmental unit. For purposes of Minnesota Statutes, section 471.59, subdivision 1a, each City expressly declines responsibility for the acts or omissions of the other City. 10. Insurance & Indemnity. The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minnesota 5.4 4 Statutes, section 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. Each City agrees to defend, indemnify and hold harmless (including reasonable attorney’s fees) the other City, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from any act or omission of the indemnifying City relating to the Project. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes, Chapter 466 or, in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. 11. Employees; Worker’s Compensation. Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, shall in no way be the obligation or responsibility of the other City. 12. Audit. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of each City relevant to the Agreement are subject to examination by the other City and either the Legislative Auditor or the State Auditor as appropriate. The Cities agree to maintain these records for a period of at least six years from completion of the Project. 13. Term. This Agreement shall commence as of the date indicated above and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. 14. Entire Agreement. This document, include the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the Cities regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between the Cities regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both Cities. 5.4 5 15. No Third Party Rights. This Agreement is solely for the benefit of the Cities. This Agreement shall not create or establish any rights in or for the benefit of any third party. 16. Applicable Law. This Agreement shall be interpreted under the laws of Minnesota. 17. Compliance. Each City shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and shall obtain such permits and permissions as may be required, in carrying out their respective duties under this Agreement. 18. Discrimination. The provisions of Minnesota Statutes, section 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW HOPE By: ____________________________ Kathi Hemken Its: Mayor By: ____________________________ Kirk McDonald Its: Manager CITY OF CRYSTAL By: ____________________________ Jim Adams Its: Mayor By: ____________________________ Anne Norris Its: Manager 5.4 6 EXHIBIT A Post Bid Project Cost Estimate (attached hereto) 5.4 NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 1 MOBILIZATION LS $15,000.00 1 15,000.00$0.68 10,140.85$0.22 3,294.51$0.10 1,564.65$ 2 CLEARING TREE $515.00 1 515.00$1 515.00$ 3 GRUBBING TREE $515.00 1 515.00$1 515.00$ 4 REMOVE CURB & GUTTER LF $7.00 1525 10,675.00$1300 9,100.00$100 700.00$125 875.00$ 5 REMOVE SEWER PIPE (STORM)LF $15.00 44 660.00$44 $660.00 6 REMOVE MH OR CATCH BASIN EACH $425.00 1 425.00$1 $425.00 7 REMOVE BITUMINOUS WALK S F $3.00 78 234.00$78 234.00$ 8 REMOVE CONCRETE DRIVEWAY PAVEMENT S F $2.00 370 740.00$370 740.00$ 9 REMOVE BITUMINOUS PAVEMENT S Y $4.20 3560 14,952.00$1582 6,644.40$928 3,897.60$1,050 4,410.00$ 10 REMOVE CONCRETE WALK SY $8.50 211 1,793.50$114 969.00$97 824.50$ 11 REMOVE CASTING EACH $190.00 25 4,750.00$25 4,750.00$ 12 REMOVE LOOP DETECTOR EACH $103.00 33 3,399.00$13 1,339.00$10 1,030.00$10 1,030.00$ 13 SAWING BITUMINOUS PAVEMENT LF $3.50 530 1,855.00$180 630.00$175 612.50$175 612.50$ 14 SALVAGE SIGN EACH $36.00 36 1,296.00$36 1,296.00$ 15 COMMON EXCAVATION CY $18.00 650 11,700.00$300 5,400.00$150 2,700.00$200 3,600.00$ 16 SUBGRADE EXCAVATION CY $20.00 286 5,720.00$216 4,320.00$45 900.00$25 500.00$ 17 GEOTEXTILE FABRIC TYPE V SY $1.50 1050 1,575.00$1050 1,575.00$ 18 STREET SWEEPER (WITH PICKUP BROOM)HR $150.00 25 3,750.00$15 2,250.00$5 750.00$5 750.00$ 19 AGGREGATE BASE CLASS 5 TON $20.00 796 15,920.00$670 13,400.00$81 1,620.00$45 900.00$ 20 BITUMINOUS PATCHING MIXTURE TON $77.00 473 36,421.00$285 21,945.00$125 9,625.00$63 4,851.00$ 21 MILL BITUMINOUS SURFACE (2.0")SY $0.67 54318 36,393.06$43050 28,843.50$7561 5,065.87$3707 2,483.69$ 22 BITUMINOUS MATERIAL FOR TACK COAT GAL $1.50 3015 4,522.50$2155 3,232.50$610 915.00$250 375.00$ 23 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E)TON $63.65 6496 413,470.40$4736 301,446.40$1130 71,924.50$630 40,099.50$ 24 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B)TON $76.00 140 10,640.00$140 10,640.00$ 25 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4,B)TON $59.10 725 42,847.50$50 2,955.00$300 17,730.00$375 22,162.50$ 26 4" PERF PVC PIPE DRAIN LF $19.00 90 1,710.00$90 $1,710.00 27 21" RC PIPE SEWER CLASS V LF $84.00 44 3,696.00$44 $3,696.00 28 VALVE BOX EACH $275.00 11 3,025.00$7 1,925.00$4 1,100.00$ 29 ADJUST VALVE BOX EACH $365.00 3 1,095.00$2 730.00$1 365.00$ 30 CONSTRUCT RISER LF $650.00 7.5 4,875.00$7.5 4,875.00$ 31 INSTALL CASTING EACH $650.00 26 16,900.00$26 16,900.00$ 32 INSTALL CATCH BASIN EACH $2,800.00 1 2,800.00$1 $2,800.00 33 CONNECT TO EXISTING STRUCTURE EACH $900.00 6 5,400.00$6 $5,400.00 34 CONNECT TO EXISTING STORM SEWER EACH $900.00 1 900.00$1 900.00$ 35 4" CONCRETE WALK SF $5.20 1375 7,150.00$500 2,600.00$875 4,550.00$ 36 6" CONCRETE WALK SF $9.00 730 6,570.00$730 6,570.00$ 37 CONCRETE CURB AND GUTTER LF $20.60 1525 31,415.00$1300 26,780.00$100 2,060.00$125.00 2,575.00$ 38 7" CONCRETE DRIVEWAY PAVEMENT SY $59.75 345 20,613.75$345 20,613.75$ 39 TRUNCATED DOMES SF $57.00 132 7,524.00$132 7,524.00$ 2018 MSA INFRASTRUCTURE IMPROVEMENTS UNIT UNIT COST (AS BID) S.A.P. 182-106-012 S.A.P. 116-313-014 NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL : 36TH AVENUE NORTH STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT QUANTITIES S.A.P. 182-101-019 CITY OF NEW HOPE NON PARTICIPATING Exhibit A City Project #: 999 2018 MSA Infrastructure Improvements Project Page 1 5.4 NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 2018 MSA INFRASTRUCTURE IMPROVEMENTS UNIT UNIT COST (AS BID) S.A.P. 182-106-012 S.A.P. 116-313-014 NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL : 36TH AVENUE NORTH STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT QUANTITIES S.A.P. 182-101-019 CITY OF NEW HOPE NON PARTICIPATING 40 RIGID PVC LOOP DETECTOR 6' X 6'EACH $1,200.00 5 6,000.00$5 6,000.00$ 41 TRAFFIC CONTROL LS $5,200.00 1 5,200.00$0.60 3,096.89$0.27 1,425.91$0.13 677.20$ 42 DETOUR SIGNING LS $2,600.00 1 2,600.00$0.50 1,300.00$0.50 1,300.00$ 43 SIGN PANELS TYPE C SF $41.20 350 14,420.00$350 14,420.00$ 44 REVISE SIGNAL SYSTEM SYS $42,000.00 1 42,000.00$1 42,000.00$ 45 STORM DRAIN INLET PROTECTION EACH $125.00 21 2,625.00$12 1,500.00$5 625.00$4 500.00$ 46 LOAM TOPSOIL BORROW CY $49.00 220 10,780.00$205 10,045.00$10 490.00$5 245.00$ 47 SEED MIXTURE 25-151 LB $4.80 60 288.00$50 240.00$5 24.00$5 24.00$ 48 EROSION CONTROL BLANKETS CATEGORY 0 SY $1.50 1255 1,882.50$1190 1,785.00$35 52.50$30 45.00$ 49 PAVEMENT MESSAGE EPOXY SF $6.90 680 4,692.00$180 1,242.00$500 3,450.00$ 50 PAVEMENT MESSAGE PAINT SF $6.15 4630 28,474.50$4630 28,474.50$ 51 4" SOLID LINE EPOXY LF $0.30 9031 2,709.30$3543 1,062.90$5488 1,646.40$ 52 4" SOLID LINE PAINT LF $0.20 24450 4,890.00$24450 4,890.00$ 53 4" BROKEN LINE EPOXY LF $0.30 1900 570.00$884 265.20$1016 304.80$ 54 4" BROKEN LINE PAINT LF $0.20 7450 1,490.00$7450 1,490.00$ 55 4" DOUBLE SOLID LINE EPOXY LF $0.55 8610 4,735.50$3313 1,822.15$5297 2,913.35$ 56 4" DOUBLE SOLID LINE PAINT LF $0.40 2600 1,040.00$2600 1,040.00$ 57 12" SOLID LINE EPOXY LF $5.30 230 1,219.00$160 848.00$70 371.00$ 58 24" SOLID LINE EPOXY LF $8.00 106 848.00$46 368.00$60 480.00$ 59 24" SOLID LINE PAINT LF $5.75 104 598.00$104 598.00$ 60 CROSSWALK EPOXY SF $5.00 775 3,875.00$400 2,000.00$375 1,875.00$ 61 CROSSWALK PAINT SF $4.00 1475 5,900.00$1475 5,900.00$ BASE BID TOTALS 900,279.51$643,777.78$135,815.64$105,995.09$$14,691.00 NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 62 MOBILIZATION LS $1,200.00 1 1,200.00$1 1,200.00$ 63 REMOVE CURB & GUTTER LF $7.00 90 630.00$90 630.00$ 64 REMOVE BITUMINOUS PAVEMENT S Y $14.00 75 1,050.00$75 1,050.00$ 65 REMOVE CONCRETE WALK SY $12.00 30 360.00$30 360.00$ 66 SAWING BITUMINOUS PAVEMENT LF $2.50 150 375.00$150 375.00$ 67 GEOTEXTILE FABRIC TYPE V SY $2.50 30 75.00$30 75.00$ 68 AGGREGATE BASE CLASS 5 TON $45.00 10 450.00$10 450.00$ 69 BITUMINOUS PATCHING MIXTURE TON $170.00 20 3,400.00$20 3,400.00$ 70 6" CONCRETE WALK SF $9.00 270 2,430.00$270 2,430.00$ 71 CONCRETE CURB AND GUTTER LF $21.00 100 2,100.00$100 2,100.00$ CITY OF NEW HOPE NON PARTICIPATINGSTATEMENT OF ESTIMATED QUANTITIES UNIT UNIT COST TOTAL PROJECT QUANTITIES ALTERNATE NO. 1: BOONE CIRCLE PEDESTRIAN BUMP OUT NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH S.A.P. 182-101-019 S.A.P. 182-106-012 S.A.P. 116-313-014 City Project #: 999 2018 MSA Infrastructure Improvements Project Page 2 5.4 NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 2018 MSA INFRASTRUCTURE IMPROVEMENTS UNIT UNIT COST (AS BID) S.A.P. 182-106-012 S.A.P. 116-313-014 NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL : 36TH AVENUE NORTH STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT QUANTITIES S.A.P. 182-101-019 CITY OF NEW HOPE NON PARTICIPATING 72 TRUNCATED DOMES SF $57.00 64 3,648.00$64 3,648.00$ 73 TRAFFIC CONTROL LS $515.00 1 515.00$1 515.00$ 74 LOAM TOPSOIL BORROW CY $49.00 20 980.00$20 980.00$ 75 SEED MIXTURE 25-151 LB $4.80 5 24.00$5 24.00$ 76 EROSION CONTROL BLANKETS CATEGORY 0 SY $1.50 95 142.50$95 142.50$ 77 CROSSWALK PAINT SF $9.00 204 1,836.00$204 1,836.00$ ALTERNATE NO. 1 TOTAL 19,215.50$19,215.50$ NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 78 MOBILIZATION LS $1,200.00 1 1,200.00$1 1,200.00$ 79 REMOVE CURB & GUTTER LF $7.00 220 1,540.00$220 1,540.00$ 80 REMOVE BITUMINOUS WALK SF $1.00 485 485.00$485 485.00$ 81 REMOVE BITUMINOUS PAVEMENT S Y $9.00 160 1,440.00$160 1,440.00$ 82 REMOVE CONCRETE WALK SY $11.00 105 1,155.00$105 1,155.00$ 83 REMOVE CASTING EACH $190.00 1 190.00$1 190.00$ 86 GEOTEXTILE FABRIC TYPE V S Y $2.50 70 175.00$70 175.00$ 89 BITUMINOUS MATERIAL FOR TACK COAT GAL $1.50 6 9.00$6 9.00$ 90 TYPE SP 9.5 WEARING COURSE MIXTURE (4,E)TON $65.00 56 3,640.00$56 3,640.00$ 84 SAWING BITUMINOUS PAVEMENT L F $3.50 300 1,050.00$300 1,050.00$ 85 REMOVE MANHOLE OR CATCH BASIN EACH $425.00 1 425.00$1 425.00$ 87 AGGREGATE BASE CLASS 5 TON $45.00 20 900.00$20 900.00$ 88 BITUMINOUS PATCHING MIXTURE TON $170.00 35 5,950.00$35 5,950.00$ 91 INSTALL CASTING EACH $725.00 1 725.00$1 725.00$ 92 INSTALL CATCH BASIN EACH $2,600.00 1 2,600.00$1 2,600.00$ 93 4" CONCRETE WALK S F $5.00 225 1,125.00$225 1,125.00$ 94 6" CONCRETE WALK S F $9.00 700 6,300.00$700 6,300.00$ 95 7" CONCRETE DRIVEWAY PAVEMENT S Y $60.00 215 12,900.00$215 12,900.00$ 96 CONCRETE CURB AND GUTTER L F $21.00 230 4,830.00$230 4,830.00$ NON PARTICIPATING NEW HOPE: BOONE AVENUE NORTH TOTAL PROJECT QUANTITIES NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH UNIT COST ALTERNATE NO. 2: 34TH AVENUE PEDESTRIAN BUMP OUT UNIT S.A.P. 182-101-019STATEMENT OF ESTIMATED QUANTITIES S.A.P. 182-106-012 S.A.P. 116-313-014 CITY OF NEW HOPE City Project #: 999 2018 MSA Infrastructure Improvements Project Page 3 5.4 NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 2018 MSA INFRASTRUCTURE IMPROVEMENTS UNIT UNIT COST (AS BID) S.A.P. 182-106-012 S.A.P. 116-313-014 NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL : 36TH AVENUE NORTH STATEMENT OF ESTIMATED QUANTITIES TOTAL PROJECT QUANTITIES S.A.P. 182-101-019 CITY OF NEW HOPE NON PARTICIPATING 97 TRUNCATED DOMES S F $57.00 120 6,840.00$120 6,840.00$ 98 TRAFFIC CONTROL LS $515.00 1 515.00$1 515.00$ 99 LOAM TOPSOIL BORROW C Y $49.00 115 5,635.00$115 5,635.00$ 100 SEED MIXTURE 25-151 LB $4.80 30 144.00$30 144.00$ 101 EROSION CONTROL BLANKETS CATEGORY 0 S Y $1.50 670 1,005.00$670 1,005.00$ 102 CROSSWALK PAINT S F $9.00 552 4,968.00$552 4,968.00$ ALTERNATE NO. 2 TOTAL 65,746.00$65,746.00$ NO.ITEM QUANTITY EST. COST ROADWAY EST.COST ROADWAY EST.COST ROADWAY EST.COST STORM STORM COST 103 MOBILIZATION LS $1,200.00 1 1,200.00$1 1,200.00$ 104 REMOVE CURB & GUTTER LF $7.00 100 700.00$100 700.00$ 105 REMOVE SEWER PIPE (STORM)L F $15.00 13 195.00$13 195.00$ 106 REMOVE BITUMINOUS PAVEMENT S Y $9.00 60 540.00$60 540.00$ 107 REMOVE CONCRETE WALK SY $11.00 30 330.00$30 330.00$ 108 REMOVE CASTING EACH $190.00 1 190.00$1 190.00$ 109 REMOVE MANHOLE OR CATCH BASIN EACH $425.00 1 425.00$1 425.00$ 110 SAWING BITUMINOUS PAVEMENT L F $3.50 140 490.00$140 490.00$ 111 GEOTEXTILE FABRIC TYPE V S Y $2.50 30 75.00$30 75.00$ 112 AGGREGATE BASE CLASS 5 TON $45.00 10 450.00$10 450.00$ 113 BITUMINOUS PATCHING MIXTURE TON $170.00 15 2,550.00$15 2,550.00$ 114 12" RC PIPE SEWER DES 3006 CL V L F $56.00 46 2,576.00$46 2,576.00$ 115 CONNECT TO EXISTING STORM SEWER EACH $900.00 1 900.00$1 900.00$ 116 INSTALL CASTING EACH $725.00 1 725.00$1 725.00$ 117 INSTALL CATCH BASIN EACH $2,600.00 2 5,200.00$2 5,200.00$ 118 INSTALL MANHOLE EACH $3,200.00 1 3,200.00$1 3,200.00$ 119 6" CONCRETE WALK S F $5.00 180 900.00$180 900.00$ 120 CONCRETE CURB AND GUTTER L F $21.00 110 2,310.00$110 2,310.00$ 121 TRUNCATED DOMES S F $57.00 44 2,508.00$44 2,508.00$ 122 TRAFFIC CONTROL LS $515.00 1 515.00$1 515.00$ 123 LOAM TOPSOIL BORROW C Y $49.00 20 980.00$20 980.00$ 124 SEED MIXTURE 25-151 LB $4.80 5 24.00$5 24.00$ 125 EROSION CONTROL BLANKETS CATEGORY 0 S Y $1.50 100 150.00$100 150.00$ 126 CROSSWALK PAINT S F $9.00 204 1,836.00$204 1,836.00$ ALTERNATE NO. 3 TOTAL 28,969.00$28,969.00$ S.A.P. 182-106-012 S.A.P. 116-313-014 NEW HOPE: BOONE AVENUE NORTH NEW HOPE: 36TH AVENUE NORTH CRYSTAL: 36TH AVENUE NORTH STATEMENT OF ESTIMATED QUANTITIES UNIT UNIT COST TOTAL PROJECT QUANTITIES S.A.P. 182-101-019 ALTERNATE NO. 3: 28TH AVENUE PEDESTRIAN BUMP OUT CITY OF NEW HOPE NON PARTICIPATING City Project #: 999 2018 MSA Infrastructure Improvements Project Page 4 5.4 TOTAL $643,777.78 $135,815.64 $105,995.09 $14,691.00 $900,279.51 $19,215.50 $65,746.00 $28,969.00 $113,930.50 $1,014,210.01 $202,842.00 $1,217,052.01 $21,199.02 $2,938.20$178,704.78 $1,072,228.70 $127,194.11 $17,629.20 S.A.P. 116-313-014 - CITY OF CRYSTAL 36TH AVE MILL AND OVERLAY TOTAL BASE BID CONSTRUCTION COST PROJECT COST SUMMARY S.A.P. 182-101-019 - BOONE AVENUE MILL AND OVERLAY S.A.P. 182-106-012 - 36TH AVENUE MILL AND OVERLAY NON PARTICIPATING: CITY OF NEW HOPE STORM FUND TOTAL PROJECT COST (INCL. INDIRECT AND ALL ALTERNATES) INDIRECT (20%) TOTAL CONSTRUCTION COST FOR ALTERNATES 1, 2, 3 TOTAL BASE BID AND ALL ALTERNATES CONSTRUCTION COST ALTERNATE 3: 28TH AVENUE PEDESTRIAN BUMP OUT ALTERNATE 1: BOONE CIRCLE PEDESTRIAN BUMP OUT NON PARTICIPATING CITY OF NEW HOPE $643,777.78 S.A.P. 182-101-019 NEW HOPE: BOONE AVENUE NORTH S.A.P. 182-106-012 NEW HOPE: 36TH AVENUE NORTH S.A.P. 116-313-014 CRYSTAL : 36TH AVENUE NORTH $65,746.00 $19,215.50 $105,995.09 $14,691.00TOTAL CONSTRUCTION COST BY FUNDING SOURCE $893,523.92 $105,995.09 $0.00 $14,691.00 $0.00 ALTERNATE 2: 34TH AVENUE PEDESTRIAN BUMP OUT $757,708.28 $113,930.50 $135,815.64 $0.00 $28,969.00 $14,691.00$105,995.09$135,815.64 NEW HOPE MSA NEW HOPE: STORM FUNDCITY OF CRYSTAL $14,691.00 $105,995.09 $135,815.64 $643,777.78 City Project #: 999 2018 MSA Infrastructure Improvements Project Page 5 5.4 RESOLUTION NO. 2018- ___ AUTHORIZE JOINT POWERS AGREEMENT BETWEEN THE CITY OF CRYSTAL AND THE CITY OF NEW HOPE FOR 2018 36TH AVENUE MILL AND OVERLAY PROJECT WHEREAS, the New Hope City Council awarded the construction contract for the 2018 MSA Infrastructure Improvements on March 12, 2018; and WHEREAS, a portion of the project is within the City Limits of the City of Crystal ; and WHEREAS, the City of Crystal has expressed their desire to participate in the project; and WHEREAS, the City of Crystal will reimburse the City of New Hope for the costs of the portions of the project that occur within the City of Crystal ; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the Joint Powers Agreement with the City of New Hope titled “2018 36th Avenue North Mill and Overlay Project”. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign such agreement. Adopted by the Crystal City Council this 20th day of March, 2018. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 5.4 PAGE 1 OF 9 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: March 15, 2018 TO: Anne Norris, City Manager (for March 20 Council meeting) SUBJECT: Consider authorizing a development feasibility study of potentially surplus land BACKGROUND During the 2018 budget work session discussions, the Council asked staff to identify potentially surplus city-owned land that could be sold to raise funds for park system improvements. At a work session on March 8, staff recommended further study of five locations potentially yielding 9 lots for construction of new single family homes and $421,000 in net proceeds for park system improvements. Further study would include property surveys, soil borings, and evaluation of water and sewer services. SUMMARY - PARCELS RECOMMENDED FOR STUDY PROPERTY ID NUMBER NET AREA LOTS NET PROCEEDS 04-118-21-31-0022 32,320 sq. ft. 2 $ 115,800 09-118-21-12-0167-168-169 13,502 sq. ft. 2 $ 78,800 09-118-21-13-0066 25,654 sq. ft. 3 $ 132,200 17-118-21-31-0071 11,708 sq. ft. 1 $ 56,400 19-118-21-42-0127 7,835 sq. ft. 1 $ 37,400 TOTALS:91,019 sq. ft. 9 $ 420,600 (2.09 acres) COUNCIL STAFF REPORT Development Feasibility Potentially Surplus Land 5.5 PAGE 2 OF 9 LOCATION MAP - PARCELS RECOMMENDED FOR STUDY 5.5 PAGE 3 OF 9 04-118-21-31-0022 • Develops .74 acre City acquired in 1974 No deed restriction No history of active park uses • North Bass Lake Park would retain 1.72 acre Meets the 1.7 acre minimum for a neighborhood park • Does not impact grassy play area at North Bass Lake Park • Preserves Welcome Avenue access to North Bass Lake Park • Would result in two lots for new home construction Proposed addresses are 5618 and 5624 Welcome Avenue North • Would provide estimated net proceeds of $116,000 for park system improvements Lot sales would occur in fall 2018 5.5 PAGE 4 OF 9 09-118-21-12-0167-168-169 • Develops .31 acre City acquired in 1989 (tax forfeited land) Deed restriction expires 3/24/2019 No history of active park uses • Soo Line Park would retain 1 acre Not a neighborhood park; that function is served by Twin Oaks Park which is 1,100 feet north and contains 5 acres • Does not impact recently installed community garden beds and water tap • Would result in two lots for new home construction Proposed addresses are 5238 and 5244 Scott Avenue North • Would provide estimated net proceeds of $78,800 for park system improvements Lot sales would occur in spring 2019 5.5 PAGE 5 OF 9 09-118-21-13-0066 • Develops .59 acre City acquired in 1956 (tax forfeited land) Deed restriction expired in 1986 No history of active park uses • One neighborhood park and one community park within 10 minute walk of the site Cavanagh Park (4 acres) Welcome Park (11 acres) • Would result in three lots for new home construction Proposed addresses are 5006, 5012 and 5018 Vera Cruz Avenue North • Would provide estimated net proceeds of $132,200 for park system improvements Lot sales would occur in fall 2018 5.5 PAGE 6 OF 9 17-118-21-31-0071 • Develops .27 acre (assuming retainage of 20’ trail easement) City acquired in 1970 (tax forfeited land) No deed restriction No history of active park uses • Located in New Hope but owned by City of Crystal; presumably intended to provide connection between Crystal’s Kentucky Park and New Hope’s Lions Park A trail could still be built to make this connection • Would result in one lot for new home construction Proposed address is 3856 Maryland Avenue North • Would provide estimated net proceeds of $56,400 for park system improvements That figure is after a deduction for trail construction cost Lot sale would occur in summer 2018 5.5 PAGE 7 OF 9 19-118-21-42-0127 • Develops .18 acre (assuming retainage of 25’ trail and storm sewer easement) City acquired in 1965 No deed restriction No history of active park uses apart from the trail which would be relocated • Yunkers Park would retain 3.23 acre • Meets the 1.7 acre minimum for a neighborhood park • Would result in one lot for new home construction Proposed address is 2949 Yukon Avenue North • Would provide estimated net proceeds of $37,400 for park system improvements That figure is after a deduction for trail relocation cost Lot sale would occur in fall 2018 5.5 PAGE 8 OF 9 QUESTIONS & ANSWERS Does the city have the legal authority to sell these lots? Yes.  These parcels were never platted as park land.  Some of the parcels were acquired as tax forfeited land with deed restrictions, but those restrictions either have expired or will soon expire. Will the sale of these lots harm the park system? No.  The 9 lots are not crucial for park purposes.  The 9 lots total 2.1 acres which would be less than 1% of the city’s park land.  Crystal’s total park acreage would be reduced from 263 to 261 acres but still exceed the national standard based on population (215 acres for Crystal).  What we need are more funds for improvements to the park system to implement the Park System Master Plan. The sale proceeds would be credited to the Parks Capital Fund. So the idea is to turn underutilized land into usable cash for the park system. What’s the bottom line?  The sale of these 9 lots totaling 2.1 acres would yield an estimated $420,600.  The park system needs that $420,600 much more than it needs those 2.1 acres. Are there other benefits to doing this?  The construction of 9 new homes (8 in Crystal) would slightly increase the city’s tax base. Each new house pays approximately $1,400/year to the city (37% of their total property tax bill).  Because city crews would no longer have to mow & maintain these properties, they would have more time to work on other park land and facilities. 5.5 PAGE 9 OF 9 NEXT STEPS IF COUNCIL DESIRES TO PROCEED WITH THE STUDY 4/4 Park & Recreation Advisory Commission discussion • Explanation of Council direction • Potential park-specific improvements 4/6 Public outreach #1: Letters informing neighbors of upcoming fieldwork (property surveys, soil borings, evaluation of water and sewer services, etc.) 5/15 Council work session to review results of fieldwork and feedback, and provide direction to staff 5/18 Public outreach #2: Letters informing neighbors of proposal to be considered by Council on 6/5 6/5 Council action – consider whether to declare sites to be surplus land and direct staff to proceed with preparations for sale (installation of water/sewer services, re-platting, etc. as needed) Aug. Budget work session – consider identifying specific park improvements in the CIP for 2019 and beyond REQUESTED COUNCIL ACTION The City Council is asked to consider a motion authorizing staff to proceed with a development feasibility study for the parcels identified in this report. 5.5 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  REGULAR MEETING  TUESDAY, MARCH 20, 2018 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Approval of minutes from March 6, 2018 regular meeting 4. Consider tentative acceptance of a proposal from Novak-Fleck for construction of a new single family home on the EDA lot at 5612 Adair Avenue North 5. Consider tentative acceptance of a proposal from Tollberg Homes for construction of a new single family home on the EDA lot at 5618 Adair Avenue North 6. Other business * 7. Adjournment * *Items for which no materials are included in the packet Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting March 6, 2018 1. Call to Order President Parsons called the regular meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 7:12 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Elizabeth Dahl, Julie Deshler, Jeff Kolb, Nancy LaRoche and Olga Parsons. The following staff members were present: Kim Therres, Acting City Manager, John Sutter, Deputy Executive Director, and Troy Gilchrist, City Attorney. 3. Approval of Minutes Motion by Commissioner Adams (Deshler) to approve the minutes of the February 5, 2018 regular meeting and February 20, 2018 work session. Motion carried. 4. 5607 Zane - Lot Sale Public Hearing The EDA held a public hearing to consider a resolution approving the sale of an EDA lot at 5607 Zane Avenue North to Novak-Fleck for construction of a new single family home. Mr. Sutter presented the staff report and took questions from the Board. President Parsons opened the public hearing. There being no one present to offer testimony, President Parsons closed the public hearing. Motion by Commissioner Deshler (Adams) to adopt the resolution authorizing the sale of 5607 Zane Avenue North to Novak-Fleck for new home construction. Motion carried. 5. Consider acceptance of the 2017 EDA Annual Report Mr. Sutter presented the 2017 EDA Annual Report. Motion by Commissioner Deshler (Kolb) to accept the 2017 EDA Annual Report. Motion carried. 6. Consider approval of the 2018 EDA Work Program Page 2 of 2 Mr. Sutter presented the 2018 Work Program and took questions from the Board. Motion by Commissioner Deshler (LaRoche) to approve the 2018 EDA Work Program. Motion carried. 7. Other Business There was no other business. 8. Adjourment Motion by Commissioner Dahl (Budziszewski) to adjourn. Motion carried. The meeting adjourned at 7:37 p.m. ______________________________ Olga Parsons, President ATTEST: ______________________________ Elizabeth Dahl, Secretary ________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for March 20 EDA Meeting) DATE: March 15, 2018 RE: Consider tentative acceptance of proposal by Novak-Fleck for the lot at 5612 Adair Avenue North Novak-Fleck has submitted a proposal to purchase the lot at 5612 Adair Avenue North. The lot price is $55,000. Novak-Fleck is a state-licensed residential building contractor with no enforcement actions. Attached are an aerial photo, builder’s proposal form, and preliminary site and building plans for a new home with an attached three-car garage. The house would have approximately 1,669 finished square feet comprised of 988 square feet on the main level with an open living-dining-kitchen area, two bedrooms and a bathroom and 681 square footage on the lower level, with an additional bedroom, bathroom, laundry room, and family room. The builder does not yet have a buyer for the home at 5612 Adair Avenue North. On this lot a variance reducing the rear yard setback from 30 to 10 feet would be requested by Novak Fleck. For this corner lot the north side of the property is defined as the rear yard and the home will face Adair Avenue on the west side of the property. Because of the lot width there will not be a lot of open space behind the home. Locating the home closer to the north property line will allow for a larger open space on the Bass Lake Road side of the property. Staff would recommend approval of such a variance in order to create that open space. With the variance the new house’s distance from the proposed adjacent home will look about the same as houses with a standard side yard setback. The required public hearing would be scheduled if the EDA gives tentative acceptance of the proposal. REQUESTED EDA ACTION: EDA tentative approval of the purchase proposal with Novak-Fleck for the EDA lot at 5612 Adair Avenue North. EDA STAFF REPORT 5612 Adair Avenue North Lot purchase proposal from Novak-Fleck ________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for March 20 EDA Meeting) DATE: March 15, 2018 RE: Consider tentative acceptance of proposal by Tollberg Homes for the lot at 5618 Adair Avenue North Tollberg Homes has submitted a proposal to purchase the lot at 5618 Adair Avenue North. The lot price is $55,000. Tollberg is a state-licensed residential building contractor with no enforcement actions. Attached are an aerial photo, builder’s proposal form, and preliminary site and building plans for a new home with an attached three-car garage. The house would have approximately 1,200 finished square feet on the main level with an open living-dining- kitchen area, three bedrooms and two bathrooms. It would also have unfinished square footage on the lower level, with an option to have it finished with an additional bedroom, a bathroom, and family room. Similar homes have been built by Tollberg on other EDA lots, most recently at 4724 Lakeland Avenue. The builder does not yet have a buyer for the home at 5618 Adair Avenue North. Please note that the encroachment of the garage corner into the 30’ front setback is permitted by the unified development code (UDC) and does not require a variance. The required public hearing would be scheduled if the EDA gives tentative acceptance of the proposal. REQUESTED EDA ACTION: EDA tentative approval of the purchase proposal with Tollberg Homes for the EDA lot at 5618 Adair Avenue North. EDA STAFF REPORT 5618 Adair Avenue North Lot purchase proposal from Tollberg Homes 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 16, 2018 City Council Second Work Session Agenda March 20, 2018 Following the EDA 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 March 20, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ LaRoche ____ Therres ____ Parsons ____ Gilchrist ____ Adams ____ Olson ____ Budziszewski ____ Ray ____ Dahl ____ Sutter ____ Deshler ____ Leslin ____ Kolb ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Comprehensive Plan update. 2. Municipal State Aid designation changes. 3. Winnetka pond project – goose management and native buffer planting. 4. Constituent issues update. 5. City manager monthly update. 6. New business.* 7. Announcements.* 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. 2040 COMPREHENSIVE PLAN UPDATE PAGE 1 OF 3 _______________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris (for March 20 City Council Meeting) DATE: March 15, 2018 RE: Update of 2040 Comprehensive Plan A. BACKGROUND The Planning Commission has been reviewing proposed chapters of the 2040 Comprehensive Plan, which is due to the Metropolitan Council by December 31, 2018. The purpose of this report is to provide the City Council an update on the plan completion process. Summary of Significant Changes The plan update is being done in-house by staff to reflect current information and to reduce the size of the current plan as much as possible. The following chapters would be deleted and any relevant information included with other chapters: E: Revised Met Council Forecasts – There are no proposed revisions to the 2040 forecasts H: Redevelopment – This chapter would be merged with land use (chapter F) The following chapters would be updated to reflect current information without significant policy changes: C: Baseline (demographic information) D: Metropolitan Council Forecasts I: Roadway jurisdiction J: Roadway functional classification L: Public transit M: Aviation O: Water resources COUNCIL STAFF REPORT Update of 2040 Comprehensive Plan 2040 COMPREHENSIVE PLAN UPDATE PAGE 2 OF 3 The following chapters would incorporate the following amendments, in addition to updating current information: B: Planning Area Designation. This chapter incorporates land use polices for the “urban” land use designation, which was attributed to Crystal by the Metropolitan Council. The urban designation is primarily for inner-ring suburbs and is described as those communities that: “developed primarily during the economic prosperity between the end of World War II and the economic recession of 1973-1975. These cities, adjacent to the Urban Center communities, experienced rapid development to house the growing families of the baby boom era. With considerable growth and development along highways, the Urban communities exhibit the transition toward the development stage dominated by the influence of the automobile”. The Planning Commission will be reviewing the land use policies for the urban designation proposed by the Met Council to see if those policies are appropriate f or Crystal. The Commission will then make a recommendation to the City Council on which policies to include in the Comprehensive Plan . F: Land Use. Staff is proposing to incorporate the redevelopment policies in chapter H with this chapter. The number of proposed redevelopment areas would be reduced from 23 to 4 to focus redevelopment in those areas where it is likely to occur:  Area A: The area near the proposed LRT station at Bass Lake Road and Highway 81 excluding the low density residential neighborhoods.  Area B: A narrow tract of land near the intersection of 52 nd Avenue and Douglas Drive that is currently the location for legally non-conforming commercial uses.  Area C: The area around the intersection of 42 nd Avenue and Douglas Drive  Area D: The area on Douglas Drive between 36th and 32nd Avenues. The Commission has reviewed updates to the existing land use map and table and will be reviewing the proposed updates to the 2040 land use map and table. G: Housing. Staff will add a summary of the housing gap a nalysis, which will be reviewed by the City Council and Planning Commission at their joint meeting on April 19, 2018. K: Non-motorized transportation. Staff will update the city’s proposed sidewalk plan and consider adding trails identified in the park master planning process. N: Parks and Open Space. This chapter has been updated to reflect a summary of the “Park and Recreation System Master Plan” adopted by the City Council in 2017. 2040 COMPREHENSIVE PLAN UPDATE PAGE 3 OF 3 Next steps The following is the timeline for completing the comprehensive plan update: April 9, 2018: Planning Commission holds a meeting to receive public input May 1, 2018: City Council meeting to review public comments and to authorize submittal of the plan to adjacent jurisdictions May 4, 2018: The proposed plan will be submitted to adjacent jurisdictions for their review. At the same time, the plan will be submitted to the Metropolitan Council for a preliminary review. November 5, 2018: City Council meeting to review comments from adjacent jurisdictions and Metropolitan Council. This meeting may be held earlier if the city receives all the comments before the six month deadline passes. November 19, 2018: Planning Commission holds public hearing for additional public input December 4, 2018: City Council meeting to authorize submittal of the final plan to the Metropolitan Council B. REQUESTED ACTION This agenda item is being presented so the Council may be aware of the progress being made to update the city’s comprehensive plan, and provide direction on any proposed amendments to the plan. Memorandum DATE: March 20, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Changes in Municipal State Aid designations Summary As previously discussed, with the closure of Welcome Avenue between 46th Avenue and 47th Avenue the State Aid designation will need to be revoked from that one block of Welcome Avenue. 46th Avenue between Welcome Ave and Xenia Ave will need to be designated, as well as Xenia Ave between 46th and 47th. Under State Aid rules, Cities are allowed to designate up to 20% of the City’s street mileage as Municipal State Aid routes. These routes are then eligible for funding that comes from State gas tax distributions. The amount each City gets is derived from a complex formula, but one of the factors is vehicle traffic. It is to a City’s benefit to have the higher volume roads be designated as State Aid routes, this also makes sense practically because State Aid routes must be built to State Aid standards which are higher than normal City streets. Other factors Over the past year staff have also been going through all of the State Aid segment lengths and performing an audit of sorts to make sure everything is accurate. Through this process some additional corrections in length have been identified. No Council approval is needed as there is no changes in designations, just updates. The important take away is that the miles of designated State Aid mileage changed a bit because of these corrections. Street removals In additional to the removal of Welcome Avenue between 46th Avenue and 47th Avenue, staff have also looked into the shortening of the 29th Avenue cul-de-sac on the south side of Bassett Creek Park. This change was identified though the Park Master Plan process. The street would be terminated approximately 10-15’ past (east) of the only existing driveway on this segment of road. Staff has met with the only property owner that fronts 29th Ave and they are strongly in favor of this removal. The other important note with the street removals is that since the MSA designation is based on 20% of the total mileage, reducing street mileage will reduce MSA mileage. That said, it is still in the City’s best interest to reduce unneeded streets as it still reduces our overall long-term liability. Current State Aid status Existing street miles 88.09 MSA borders count as half mileage. All other full mileage. MSA allowance 20% 17.62 20% of total street mileage Existing MSA designated mileage 17.54 Based on Crystal proposed mileage corrections Existing MSA balance 0.07 Available to designate MSA roads Proposed changes (street removals) – overall picture New total mileage 87.89 MSA borders count as half mileage. All other full mileage MSA allowance 17.58 20% of total mileage MSA amount 17.57 Based on Crystal corrections and proposed MSA changes MSA balance 0.01 0.01 miles is 52.8 feet. This really means the City has used all our potential mileage. Proposed changes in State Aid designations Staff looked at a variety of options to try and fully allocate MSA mileage, while also trying to shift mileage to higher-volume roads. The first three lines of the table below relate solely to the Welcome Park project. The un-designation of 34th was identified because it is a lower volume of road and the mileage it freed up allowed for 55th Avenue between W. Broadway and Sherburne Ave to be designated. Not only is this segment of 55th higher volume than 34th Ave, but it also has a traffic signal which is a factor taken into consideration. Street Name Termini Addition to MSA Reduction from MSA Welcome Avenue 46th Avenue to 47th Avenue -0.12 46th Avenue Welcome Ave to Xenia Ave 0.08 Xenia Avenue 46th Avenue to 47th Avenue 0.12 34th Avenue Brunswick Ave to Douglas Dr -0.13 55th Avenue W. Broadway to Sherburne Ave 0.07 Sums: 0.27 -0.25 Cost considerations When State Aid funds are used on reconstructed roads, if any change is made within the next 25 years there is a payback required. That said, in talking with State Aid staff this payback can be balanced out if the City has a State Aid-eligible project that the City was not planning on using State Aid funds for. The joint mill and overlay project on 36th Avenue is such a project. Because New Hope is using State Aid funds for the project, Crystal had to go through all the State Aid approvals, even though we are using local street maintenance funds for the project. We did not originally plan to go the State Aid route because we basically have IOU’s from the State for all our previous street reconstruction projects for the next 5+ years. This due to the City being annually allotted a specific amount, but our project costs were in excess of that. In short, we can seek to “use” State Aid funds for the 36th Ave mill and overlay project that will in-effect cancel out the payback for revoking the State Aid status from Welcome Ave and 34th Ave. Welcome Avenue • PROJECT: 116-314-002 (awarded 2009) • Project amount: $734,437 • Award Year: 2009 (Current Year 2018) • 2018 – 2009 = 9 years of life completed • REMAINING LIFE = 16 years Project length = 0.65 miles. (0.12 miles to be deleted) Prorate by life and length (0.12 miles/ 0.65 miles) * (16 years/25 years) * $734,437 = $86,776 of payback 34th Avenue • PROJECT: 116-333-002 (awarded 1998) • Project amount: $432,939 • Award Year: 1998 (Current Year 2018) • 2018 – 1998 = 20 years of life completed • REMAINING LIFE = 5 years Project length = 0.45 miles. (0.13 miles to be deleted) Prorate by life and length (0.13 miles / 0.45 miles) * (5 years/25 years) * $432,939 = $25,014 of payback Attachments • Proposed State Aid changes • Proposed street removals Recommended Action No formal action is needed at this time. Staff is looking for direction from Council. If given the direction to proceed as outlined, staff will work with the State Aid office to formally start the change process. A resolution will be brought before the Council at a future meeting (anticipated to be in April). Add .07 Miles 55th Ave. Remove .12 Miles Welcome Ave. Add .08 Miles 46th Ave. Add .12 Miles Xenia Ave. Remove .13 Miles 34th Ave. C P 8 1 D o u g l a s A d a i r 45th B N S F 35th 36th Ha m p s h i r e 42nd 38th Z a n e 56th 44th 43rd 41st C o l o r a d o 47th W e st B ro a d w a y Wilshire Hill 37th 52nd 40th 53rd I d a h o K e n t u c k y Valley 1 0 0 L e e B r u n s w i c k 54th 50th K y l e 46th J e r s e y R a m p Bernard Y a t e s Markwood X e n i a L a k e l a n d 34th Q u a i l N e v a d a P e r r y W e l c o m e M a j o r 49th N o b l e 5 1 s t S c o t t F l o r i d a G e o r g i a 48th V e r a C r u z 39th Corvallis O r c h a r d U n i t y J u n e Fairview R e g e n t E d g e w o o d Byron M a r y l a n d L o u i s i a n a H a n s o n T o l e d o Willow Lakeside Angeline St Raphel T w i n L a k e M e m o r y F l o r i d a 48th 8 1 41st 39th T o l e d o L o u i s i a n a W e l c o m e F l o r i d a U n i t y J e r s e y H a m p s h i r e Q u a i l N e v a d a J e r s e y I d a h o K e n t u c k y 45th J e r s e y Z a n e 50th 51st 41st J e r s e y O r c h a r d L o u i s i a n a E d g e w o o d L o u i s i a n a 35th R e g e n t 53rd L a k e l a n d X e n i a J e r s e y 5 1 s t 43rd Corvallis A d a i r Corvallis K e n t u c k y I d a h o F l o r i d a Fair view 35th K e n t u c k y G e o r g i a C o l o r a d o Y a t e s 39th Jersey Q u a i l Q u a il 36th 52nd 45th M a r y l a n d G e o r g i a C P F l o r i d a 5 1 s t I d a h o 50th Ramp Y a t e s N e v a d a W e l c o m e 34th R e g e n t F l o r i d a Fairview49th M a r y l a n d 5 6t h P erry W e l c o m e 48th 36th G e o r g i a H a m p s h i r e 46th Fairview 54th R e g e n t R e g e n t 46th Y a t e s G e o r g i a 53rd 47th V e r a C r u z Un i t y 38th 54th P e r r y Q u a i l I d a h o B r u n s w i c k 49th X e n i a 48th 44th V e r a C r u z State Aid Additions/Removals· 00 . 2 5 0 . 50.125 Miles Crystal Streets Category: LOCAL MSA LOCAL COUNTY STATE HWY RAIL LINE Other Cities Remove .12 Miles Welcome Ave. Remove .08 Miles 27th Ave. D o u g l a s 1 0 0 32nd 35th 45th 36th Z a n e 42nd H a m p s h i r e 38th 30th F l o r i d a 44th 43rd 41st C o l o r a d o 47th A d a i r 37th B r u n s w i c k 40th L e e R a m pHill 8 1 K y l e Id a h o 46th Je r se y Q ua i l P er r y Y at e s M a jo r X e n i a 34th No b le Markwood G e o r g i a 48th Re ge nt 2 9 t h Valley 31st 39th Or c ha r d E dg ew o od W el c om e B N S F J un e V e r a C r u z Byron B r o o k r id g e M e d i c i n e L a k e Me m or y Ge o r g i a 35th 1 0 0 Fl o r i d a 34th 39th Je r s e y R a m p I d a h o 46th Z a n e Y at e s Xe n i a H a m p s h i r e Je r s e y F l o r i d a 45th Ve r a C r u z Xe ni a I da ho 45th Ge o r g i a Za n eBru n s w i c k 44th 45th 2 9 t h 34th F l o r i d a 31st Y a t e s 48th V er a C r u z 2 9 t h G e o r g i a G e o r g i a 29th We lc o m e Q u a i l 36th R e g e n t E d g e w o o d J e r s e y J e r s e y W e l c o m e Ed ge w o o d Id a h o Ad a ir 43rd 35th 47th 41st Fl o ri d a P e r r y 35th 35th J e r s e y 39th F lo r i d a F lo r i d a Br un s wi c k 46th Y a t e s Y at e s 2 9 t h 41st Co lo ra do Xe ni a 8 1 38th W e l c o m e Planned 2018 Road Removals· 0 0.25 0.50.125 Miles Crystal Streets Category: LOCAL MSA LOCAL COUNTY STATE HWY RAIL LINE Other Cities Memorandum DATE: March 20, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Winnekta Pond Project check in – goose management and buffer zone Summary In the winter of 2018-2019 the City will be dredging Winnetka Pond, which will be funded by the Bassett Creek Watershed Management Commission. As part of this project there are some options for goose management and constructing a native planting buffer area. Staff from Barr Engineering, the consultant doing the design and construction observation work for the project, will be attending the work session to provide a summary of these topics and answer questions. Discussion Goose management and the maintenance needed for the native buffer area are policy questions because City resources are needed for these efforts. Goose management is currently done, and proposed to continue to be done, by the police department’s animal control officer. The native buffer area conversation is really complementary to the native prairie planting concept that has been discussed for portions of City parks. Both of the native planting efforts have benefits to water quality, storm water management, habitat improvement, and deters geese. But the native area plantings do require specialized maintenance that would need to be contracted out. Barr will provide cost information at the meeting. Attachments • Barr goose management memo Council Action Staff is looking for direction on the following items: 1) Confirmation on moving forward with goose management efforts in the City using the addling method 2) Discussion on the native buffer zones and native prairie planting a. Is the Council open to staff looking at other City parks for native prairie plantings? i. A portion of Bassett Creek Park is the next top canidate quickly identified b. To what extent would the Council like staff to look for options? i. Everywhere feasible? ii. Low programmed-use parks? c. Looking at it from another angle, what is the cost the Council thinks the native plantings are worth? i. It is assumed that the staff and equipment time saved has $0 value because staff will just be assigned to take on other park-related maintenance projects using other equipment/parts/etc. ii. That said, the potential time this frees up at Bassett Creek Park could be considerable. Off the cuff, staff assume that they can reduce the time spent mowing this park by 6 hours and 4 hours weedwhipping per week during the peak growing season. 3) Discussion around maintenance costs of the native buffer i. The watershed will pay for the construction cost on private property because of the water quality benefits. ii. Is the Council interested in funding this maintenance effort on public property? iii. Maintenance costs are not paid by the watershed. While the buffer extends over two different properties (one private and one public), but is functionally one buffer, it makes sense that all the maintenance is done under one contract. What type of arrangement would the Council be open to considering? Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Memorandum To: Mark Ray and Mick Cyert From: Meg Rattei, Patrick Brockamp and Karen Chandler Subject: Winnetka Pond Goose Management Date: March 14, 2018 Project: 23271622.00 Conflicts between Canadian geese and humans in the urban environment have increased as goose populations have grown.1 Geese can be a nuisance due to their aggressive behavior and fecal droppings. Canadian geese have been observed loafing adjacent to Winnetka Pond for a number of years. The geese in and around Winnetka Pond are a nuisance to the Winnetka Village apartment residents and can fly to nearby parks and become a nuisance to park visitors. To reduce the population of Canada geese in and around Winnetka Pond, management of Canadian geese will likely be incorporated into the Winnetka Pond dredging project. This memorandum includes background information, information about goose management regulations, and goose management measures for Winnetka Pond. 1.0 Background The Canada goose is the most widespread and abundant North American goose. The bird has adapted well to an urban environment. Predator densities are low, hunting is limited, the bird is unaffected by most human activities, and there is an abundance of brood-rearing habitat and food sources. If unmanaged, Canada goose populations increase over time. Canada goose nest success normally ranges from 60 to 80 percent and, on average, 4 goslings are hatched per successful nest.2 Complaints due to Canadian geese have increased with the increasing populations.1 The primary complaint is an excess of goose fecal droppings. Goose digestive systems are relatively inefficient and result in the production of approximately 3 to 4 pounds of fecal droppings per goose per day. The droppings are a nuisance to people and can move nutrients derived from upland grass into adjacent water bodies.2 The City of New Hope began a goose management program in 2013 in response to complaints from Northwood Park users of excess goose fecal droppings on park trails. The City of Crystal saw a need for goose management due to excess goose fecal droppings within Bassett Creek Park Pond. Hence, the animal control officer, a shared position between the Cities of New Hope and Crystal, began performing annual goose management. The management approach selected by the City is addling of goose eggs to 1 Conover, M.R., and G.C. Chasko. 1985. Nuisance Canada Goose Problems in the Eastern United States. Wildlife Society Bulletin 13:228-232 2 City of Eden Prairie. 2008. City of Eden Prairie Canada Goose Management Plan. 32pp. To: Mark Ray and Mick Cyert From: Meg Rattei, Patrick Brockamp and Karen Chandler Subject: Winnetka Pond Goose Management Date: March 14, 2018 Page: 2 P:\Mpls\23 MN\27\23271622 Winnetka Pond Dredging\WorkFiles\Goose Management\Goose Management memo.docx prevent successful hatches and corresponding increases in the goose population. City staff locates goose nests in spring during the reproductive season and dips the eggs in corn oil to prevent them from hatching. This process is called egg addling. Addling occurs within fourteen days after the eggs are laid. The shell remains intact so the adults continue to incubate the eggs in the nest. By the time the adult birds realize the eggs won’t hatch, their breeding hormones have switched off and they won’t renest (lay new eggs) that season. If the eggs were destroyed by smashing, the adults would most likely renest.3 Annually the City has located Canada goose nests and addled the eggs within the nests at Bassett Creek Park Pond locations since 2014. To date, 190 eggs in the Bassett Creek Park Pond area have been addled.3 Winnetka Pond was included in the 2013 egg addling program. Six nests were located at Winnetka Pond and the eggs within the nests addled.3 Because Winnetka Village expressed an interest in continuing the program for Winnetka Pond, the City discontinued the inclusion of Winnetka Pond in its annual goose management program. However, Winnetka Village staff did not continue the egg addling program. Consequently, geese continued to thrive. In May of 2017, City of Crystal staff observed 15 geese on Winnetka Pond.4 In February of 2018, Winnetka Village staff expressed an interest in the City including Winnetka Pond in its egg addling program. 2.0 Regulations Covering Canada Geese Canadian geese are protected by the Migratory Bird Treaty Act of 1918 (16 USC 703-711). This act gives the U.S. Fish and Wildlife Service the authority to set limits, make regulations, and issue permits to harvest or take waterfowl, including eggs.5 Using their authority from this act, the U.S. Fish and Wildlife Service requires a permit to addle eggs from Canadian geese. In addition to the Federal permit, a state permit from the Minnesota Department of Natural Resources is required to addle eggs from Canadian geese.6 Although the Minnesota Department of Natural Resources requires an approved goose management plan to harvest live Canadian geese, a management plan is not required to addle their eggs. 3.0 Winnetka Pond Canada Goose Management Successful management of Canadian geese depends on identifying the site characteristics most attractive to the geese and then reducing those characteristics. Combining two or more management techniques often improves results. Two techniques will likely be used to manage Canadian geese at Winnetka Pond. Habitat modification would reduce the security of the pond and, hence, make it less attractive to geese. 3 Mahan, T. 2017. Animal Control Officer/City of Crystal. Email to Meg Rattei on November 1, 2017. 4 Ray, M. 2017. Personal Communication to Bassett Creek Watershed Management Commission Engineer. 5 Smith, A. E., S. R. Craven, and P. D. Curtis. 1999. Managing Canada Geese in Urban Environments. Jack Berryman Institute Publication 16, and Cornell University Cooperative Extension, Ithaca, N.Y. 6 Mahan, T. 2018. Animal Control Officer/City of Crystal. Personal Communication. To: Mark Ray and Mick Cyert From: Meg Rattei, Patrick Brockamp and Karen Chandler Subject: Winnetka Pond Goose Management Date: March 14, 2018 Page: 3 P:\Mpls\23 MN\27\23271622 Winnetka Pond Dredging\WorkFiles\Goose Management\Goose Management memo.docx Egg addling would reduce the goose population by preventing eggs from hatching. Details of these techniques are discussed in the following paragraphs. 3.1 Habitat Modification Geese like to be able to see for long distances in order to spot predators. They feel most secure on an open body of water adjacent to shoreline with low or mowed vegetation. Creating shoreline buffers that are 20 to 30 feet wide with vegetation three or more feet high makes the area less attractive to geese.2 Shrubs or other vegetative barriers block favored pathways of geese and obstruct their line of sight, making the area less attractive because of the potential for attack from predators.7 8 A vegetative buffer that is a minimum of 30 feet wide will likely be planted along the northern, western, and a portion of the southern shoreline of Winnetka Pond to reduce the attractiveness of the pond for geese and, hence, reduce the numbers of geese loafing on the grassy area between the pond and Winnetka Village apartments. 3.2 Egg Addling The Animal Control Officer for the City of Crystal will likely include Winnetka Pond in its annual egg addling program to reduce the Canadian goose population at the pond. The City would obtain the required annual permits from the U.S. Fish and Wildlife Service and Minnesota Department of Natural Resources for egg addling at Winnetka Pond. During spring, staff would locate all Canada goose nests at Winnetka Pond. Within two weeks after eggs are laid, staff would dip each egg in 100 percent corn oil and then return each egg to the nest. The egg addling would prevent the eggs from hatching and, hence, reduce the Canadian goose population at Winnetka Pond. 7 Canover, M.R., and G.S. Kania. 1991. Characteristics of Feeding Sites Used by Urban-Suburban Flocks of Canada Geese in Connecticut. Wildlife Society Bulletin 19:36-38. 8 Minnesota Department of Natural Resources. Homeowners’ Guide to Goose Problems. 6 pp. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – MARCH 2018 Objectives: - Strategic leadership for achievement of Council goals o Thriving Business Climate  City Code update in process – UDC approved 1/2/18  2018 EDA project – Bass Lake Road streetscape project out for bids  Fire suppression system financial assistance program approved  Open To Business available o Create Strong Neighborhoods  Crystal Ball and Neighbors Helping Neighbors – 3/24  Code enforcement – on-going  Implementation of Master Parks System Plan – Welcome Park improvements - planning underway  Home improvement loans/rebates available  Vacant EDA lots being sold for new single family homes  Continued discussion of ADU’s o Fiscally sound and stable policies and procedures – see Financial Management below - Financial Management o Long term financial planning:  2/5/18 work session – long term capital plans, financial update o Updated financial policies in progress o Council reviewing surplus property 3/8/18 as one time park improvement funding o Space needs study – PD and City Hall - underway - Service delivery o Monthly check in with Council o Constituent Issues – prompt response and resolution – on-going o Closed constituent issues – monthly report - Media Relations o Mayor’s State of the City – 3/21 CBA Meeting o April work session – discuss Public Safety and critical incidents – how information is shared, what information is shared o Review and update media protocol – 2nd quarter