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2020.03.10 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 6, 2020 City Council Meeting Schedule Tuesday, March 10, 2020 Time Type of meeting Location 6:30 p.m. City Council Work Session to discuss:  2020 utility reconstruction project update.  Constituent issues.  New business.  Announcements. Conference Room A 7:00 p.m. City Council Meeting Council Chambers 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 6, 2020 City Council First Work Session Agenda March 10, 2020 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 10, 2020 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Kiser ____ Norris ____ LaRoche ____ Therres ____ Parsons ____ Ray ____ Adams ____ Revering ____ Banks ____ Budziszewski ____ Deshler II. Agenda The purpose of the work session is to discuss the following agenda items: 1. 2020 utility reconstruction project update. * 2. Constituent issues update. * 3. New business.* 4. Announcements.* III. Adjournment The work session adjourned at ______ p.m. *Denotes no supporting information included in the packet. 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. Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda Tuesday, March 10, 2020 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. Appearances 3.1. Chief Revering will present the following awards: * a. Stork Award to Officer Gabe Storz. b. Lifesaving Award to Sergeant Jon Kurtz and Officer Jordan Myhre. c. Lifesaving Award to Officer Jessica Donahue. 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1. Approval of the minutes from the following meetings: a. The City Council work session on February 13, 2020. b. The City Council meeting on February 18, 2020. c. The City Council work session on February 18, 2020. 4.2. 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. 4.3. Approval of a resolution accepting the following donations: a. $500 from Lang-Nelson Associates, Inc., on behalf of Calibre Chase Apartments, for Becker Park. b. $500 from Lang-Nelson Associates, Inc., on behalf of Cedarwood Apartments, for Becker Park. c. $500 from Pizza Ranch for Becker Park. d. $10,000 from VFW Post #494 for Becker Park playground. Crystal City Council Meeting Agenda March 10, 2020 Page 2 of 3 4.4. Approval of a resolution releasing a 1960 sanitary sewer agreement on the site of a proposed assisted living and memory care facility at 3501 Douglas Drive North. The original owner of 3501 Douglas Drive intended to build an apartment building on that site but that never happened. The sanitary sewer agreement from 1960 is not needed for the proposed assisted living facility at 3501 Douglas Drive. 4.5. Approval of a resolution authorizing the easement agreement with Hennepin County for storm sewer access. A resident inquired about the ability to install a drain in the front yard of 6427 42nd Ave and a pipe connecting into the existing storm water catch basin in the northwest corner of the Hennepin County Library property. Since the catch basin is on County property, City staff have been working to find an arrangement between the City, County, and 6427 42nd Ave property owner. This agreement will allow for the pipe to be installed into the existing catch basin. 5. 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.) 6. Regular Agenda 6.1. 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. 6.2. The Council will consider a resolution approving the plans and specifications for the 2020 Utility Reconstruction project, and a resolution approving ordering the advertisement for bids for the 2020 Utility Reconstruction project. As discussed at the work session before the meeting, the plans are complete for the utility reconstruction project. Recommend approval of the plans and specifications for the 2020 Utility Reconstruction project and approval of ordering the advertisement for bids for the 2020 Utility Reconstruction project. 6.3. The Council will consider a resolution authorizing the purchase of water main gate valves and hydrants. In an effort to reduce the cost to all the projects involving water main gate valves and hydrants, staff are proposing to order the parts in bulk at one time, then provide them to the respective projects. Recommend approval of the resolution authorizing this purchase. Crystal City Council Meeting Agenda March 10, 2020 Page 3 of 3 6.4. The Council will consider a resolution authorizing the contract for the replacement of the high service pump at the reservoir. The long term capital replacement plan for the Joint Water Commission includes the replacement of the high service pump at the Crystal reservoir. The project will be paid for by the JWC and Crystal will be managing the project on behalf of the JWC. Recommend approval of the resolution authorizing this project. 6.5. The Council will consider approval of a contract with the city manager. The City Council conducted my annual performance evaluation on February 13. The contract is consistent with the discussion at that meeting. Recommend approval of the contract. 7. Announcements a. The City Council will hold a work session on Thursday, March 12 at 6:30 p.m. in Conference Room A. b. The Bowling for K9 Officer Leo fundraiser is Sunday, March 15, 10:30 a.m. – 2 p.m. at New Hope Bowl. c. The Crystal Business Association meets Wednesday, March 18, 2020 at 8:30 a.m. in the Community Room; Mayor Adams will present the State of the City. d. The second annual Cheers to Crystal fundraiser is Friday, March 20, 6 – 9 p.m.at the Community Center. Tickets are available at www.cheerstocrystal.com. e. Coffee with a Cop will be held on Saturday, March 21 from noon to 2 p.m. at Egg House Café. f. The next City Council meeting is Tuesday, March 24, at 7:00 p.m. in the Council Chambers at City Hall. g. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for information. h. 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. 8. Adjournment * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. Crystal City Council work session minutes Feb. 13, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:33 p.m. on February 13, 2020 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Pro Tem Deshler called the meeting to order. I.Attendance The city manager recorded the attendance for City Council members and staff: Council members present: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche and Parsons. City staff present: City Manager A. Norris. Others present: Karen DeYoung of DeYoung Consulting Services, LLC. II.Agenda The Council and staff discussed the following agenda item: 1.Moved by Council Member Budziszewski and seconded by Council Member LaRoche to close the meeting (pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(a)) to discuss the city manager’s evaluation. Motion carried. Moved by Council Member Banks and seconded by Council Member LaRoche to re-open the meeting. Motion carried. III.Adjournment The work session adjourned at 7:33 p.m. ________________________________ Julie Deshler, Mayor Pro Tem ATTEST: Anne Norris, City Manager 4.1(a) Crystal City Council meeting minutes February 18, 2020 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on February 18, 2020 at 7:00 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 assistant city manager to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Kiser, LaRoche, Parsons, Adams, and Budziszewski. Absent: Deshler and Banks. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, and Recreation Director John Elholm. 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 LaRoche and seconded by Council Member Kiser to approve the agenda. Motion carried. 3.Proclamation and Appearances 3.1 Tiffany Kovaleski shared a presentation from Beyond the Yellow Ribbon and Mayor Adams read a proclamation affirming Crystal’s commitment to the Quad Cities Beyond the Yellow Ribbon initiative. 3.2 Police Chief Stephanie Revering presented the Medal of Merit to Sgt. Brandon Dorr and Officer Rob Hodge and Medal of Valor to Officer Txheng Vang. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council meeting on February 4, 2020. b.The City Council work session on February 4, 2020. 4.2 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. 4.3 Approval of Resolution No. 2020-25, accepting the following donations: a.$1,000 from Affinity Plus Federal Credit Union for Becker Park playground. b.$1,000 from the Kolb family for Becker Park playground. 4.4 Approval of the updated donation policy. 4.1(b) Crystal City Council meeting minutes February 18, 2020 Page 2 of 3 4.5 Approval of Resolution No. 2020 - 26, authorizing a Community Development Block Grant application to fund improvements to North Lions Park. 4.6 Approval of the summary of the closed City Council work session on February 13, 2020 for the purpose of evaluating the performance of the city manager. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the consent agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Regular Agenda 6.1 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 Budziszewski and seconded by Council Member Parsons to approve the list of disbursements over $25,000. Voting aye: Kiser, LaRoche, Parsons, Adams, and Budziszewski. Absent, not voting: Deshler and Banks. Motion carried. 6.2 The Council considered a resolution to purchase a picnic shelter from Minnesota-Wisconsin Playground for Iron Horse Park. Recreation Director John Elholm addressed the council. Moved by Council Member Parsons and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2020 – 27 RESOLUTION IN SUPPORT OF HIRING A CONTRACTOR TO BUILD A 20’ x 20’ PICNIC SHELTER IN IRON HORSE PARK Voting aye: Kiser, LaRoche, Parsons, Adams, and Budziszewski. Absent, not voting: Deshler and Banks. Motion carried, resolution declared adopted. 7. Announcements The Council made several announcements about upcoming events. 4.1(b) Crystal City Council meeting minutes February 18, 2020 Page 3 of 3 9. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 7:34 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Kim Therres, Assistant City Manager 4.1(b) Crystal City Council work session minutes February 18, 2020 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 6:32 p.m. on February 18, 2020 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The assistant city manager recorded the attendance for City Council members and staff: Council members present: Budziszewski, Kiser, LaRoche, Parsons, and Adams.Absent: Deshler and Banks. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist and Communications Coordination M. Peterson. II.Agenda The Council and staff discussed the following items: 1.Annual communications update. 2.Donation policy. 3.City manager monthly check-in. 4.New business. 5.Announcements. III.Adjournment The work session adjourned at 6:58 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kim Therres, Assistant City Manager 4.1(c) Page 1 of 1 City of Crystal Council Meeting March 10, 2020 Applications for City License Rental – New 2817 Hampshire Ave. N. – Jose Bernal (Conditional) 4700 Maryland Ave. N. – LSF9 Master Participation (Conditional) 5809 Oregon Ave. N. – Sarah Kimbal (Conditional) Rental – Renewal 4353 Adair Ave. N. – James Richards (Conditional) 4500 Adair Ave. N. – Reill Properties LLC 4337 Colorado Ave. N. – Stephanie Lafave (Conditional) 5123 Corvallis Ave. N. – Nancy and Jerad Soule 2736 Jersey Ave. N. – Dennis and Barb Arel (Conditional) 3540 Regent Ave. N. – Larry Brockel (Conditional) 3010 Sumter Ave. N. – Central Crystal Village LLC (Conditional) 5718 Sumter Ave. N. – Juniper Land Trust LLC (Conditional) 4719 Welcome Ave. N. – Julie Zhu 3000 Winnetka Ave. N. – Central Crystal Village LLC (Conditional) 4512 Yates Ave. N. – Drew and Terri Kabanuk 7909 – 30th Ave. N. – IH3 Minnesota LP (Conditional) 7601 32nd Ave. N. – F & G Corporation (Conditional) 5808-5812 36th Ave. N. – Thielen Management LLC 6716 43rd Ave. N. – Bobbie Morlock (Conditional) 5625 45th Ave. N. – John Morey (Conditional) 5206 49th Ave. N. – John Pepera 7105 52nd Ave. N. – Steve and Karen Grotting 4924 53rd Ave. N. – Cherry Holdings LLC 7717 59th Pl. N. – Mark and Jodi Heiden (Conditional) Solicitor (1 year) Ace Solid Waste – William Petka 6601 McKinley St NE Ramsey, MN 55303 American Dream Home Improvement Inc – Chris Zwart 8053 Bloomington Frwy Ste 200 Bloomington, MN 55420 Tree Trimmer Crystal Tree Service P O Box 28315 Crystal, MN 55428 Jeff Hoheisel Professional Tree Services Inc 34214 Hwy 27 Hillman, MN 56338 4.2 CITY OF CRYSTAL RESOLUTION NO. 2020 – RESOLUTION ACCEPTING DONATIONS FROM LANG -NELSON ASSOCIATES, INC. (CALIBRE CHASE AND CEDARWOOD APARTMENTS), PIZZA RANCH AND VFW POST #494 WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donor Purpose Amount Lang-Nelson Associates, Inc. Becker Park $500 (Calibre Chase Apartments) Lang-Nelson Associates, Inc. Becker Park $500 (Cedarwood Apartments) Pizza Ranch Becker Park $500 VFW Post #494 Becker Park playground $10,000 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for their generous donations. Dated: March 10, 2020 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Kim Therres, Assistant City Manager 4.3 3501 DOUGLAS DRIVE NORTH – RELEASE 1960 AGREEMENT PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for March 10 City Council Meeting) DATE: March 5, 2020 RE: Consider a resolution releasing and terminating a 1960 sanitary sewer agreement on the site of the proposed assisted living and memory care facility at 3501 Douglas Drive North This item is a follow-up to the recently-approved rezoning of property at 3501 Douglas Drive North for construction of a new 32-unit assisted living and memory care facility, “Suite Living of Crystal”, to be developed by Hampton Companies. In 1960 there were two houses on the northwesterly portion of the site with sanitary sewer service from Douglas Drive. One house (3500 Edgewood Ave. N.) was subsequently demolished for parking lot expansion but the other house (3505 Douglas Dr. N.) is still present on the site. The 1960 property owner was planning to construct an apartment building between the houses and Douglas Drive. This would necessitate construction of sanitary sewer infrastructure in the Edgewood Avenue right-of-way. To that end, the city entered into the attached sanitary sewer agreement whereby the owner agreed to be assessed for the installation of that sewer infrastructure. However, the apartment building was never constructed and the sewer infrastructure in the Edgewood Avenue right-of-way was never installed. The recently-approved Hampton Companies project will demolish the office building and remaining house. The new Suite Living of Crystal building will utilize the entire site and its sanitary sewer will connect to the main under Douglas Drive. For this reason, the site has no need for sanitary sewer infrastructure in the Edgewood Avenue right-of-way. Hampton Companies is requesting that the city release and terminate the 1960 sanitary sewer agreement. City staff concurs with that request and the City Attorney has prepared the attached resolution to release and terminate the 1960 sanitary sewer agreement. City Council approval of the attached resolution is requested. Attachments: A.1960 sanitary sewer agreement B.Resolution terminating the 1960 agreement COUNCIL STAFF REPORT 3501 Douglas Dr. N. (Hampton Companies) Terminate 1960 Sewer Agreement 4.4 3501 DOUGLAS DRIVE NORTH – RELEASE 1960 AGREEMENT PAGE 2 OF 3 ▲ 2018 Aerial Photo - Existing Conditions: NORTH 4.4 3501 DOUGLAS DRIVE NORTH – RELEASE 1960 AGREEMENT PAGE 3 OF 3 Approved Utility Plan - Hampton Companies (Suite Living of Crystal): 4.4 Attachment A 4.4 4.4 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2020-________ RESOLUTION AGREEING TO RELEASE AND TERMINATE A SANITARY SEWER LATERAL AGREEMENT WHEREAS, the City of Crystal, when it was still the Village of Crystal, entered into an agreement with Edwin E. Kauffman Jr. and Patricia J. Kauffman, husband and wife, and Richard C. Kauffman and Janet C. Kauffman, husband and wife, regarding sanitary sewer laterals affecting Lots 1, 2, and 3, Block 1, Douglas Plaza Addition (“Agreement”); WHEREAS, the Agreement was filed with Hennepin County on September 12, 1960 and recorded as Document No. 636688; and WHEREAS, the Agreement no longer serves any purpose as the homes it applied to no longer exist and the purchaser of the one or more of the affected lots has requested the City to agree to execute a release and termination of the Agreement in substantially the form as attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1.The City Council hereby agrees to release and terminate the Agreement as requested. 2.The Mayor and City Manager are authorized and directed to execute the release and termination once it is in a form acceptable to the City Attorney and to take such other actions as may be needed to carry out the intent of this Resolution. Adopted by the Crystal City Council this 10th day of March 2020. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk Attachment B 4.4 EXHIBIT A Form of Release and Termination (attached hereto) 4.4 RELEASE AND TERMINATION OF AGREEMENT THE UNDERSIGNED hereby releases and terminates the Agreement by and between Village of Crystal, a municipal corporation of the State of Minnesota, Edwin E. Kauffman Jr. and Patricia J. Kauffman, husband and wife, and Richard C. Kauffman and Janet C. Kauffman, husband and wife, in regard to sanitary sewer laterals, filed September 12, 1960, as Document No. 636688. City of Crystal By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me the _____ day of March 2020, by Jim Adams and Anne Norris, the Mayor and City Manager respectively of the City of Crystal, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. Notary Public This instrument was drafted by: Custom Home Builders Title, LLC 10850 Old County Road 15 Plymouth, MN 55441 HB-40766 4.4 EXHIBIT B Legal Description of the Property Lot 1, Block 1, Douglas Medical Plaza, Lots 1, 2, and 3, Block 1, Douglas Medical Plaza Addition, and Lots 1 and 2, Andersons Gardendale Acres, all properties in Hennepin County, Minnesota. 4.4 EXHIBIT C Planner’s Report (attached hereto) 4.4 Memorandum DATE: March 10, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Easement agreement with Hennepin County Summary After the very wet spring last year, the City was contacted by a resident inquiring about the ability to install a drain in the front yard of 6427 42nd Ave and a pipe connecting into the existing storm water catch basin in the northwest corner of the Hennepin County Library property. Currently, the front yard of 6427 42nd Ave holds water because it is a low spot and the driveway acts like a levee and keeps the water from getting to the catch basin. Since the catch basin is on County property, City staff have been working to find an arrangement between the City, County, and 6427 42nd Ave property owner. The proposed solution involves the following: 1) The County will grant a no-cost permanent easement to the City for a new pipe extension from the catch basin to the west (towards 6427 42nd). The County will also prepare the legal description, exhibit, and perform all the recording. 2) The City will install the new pipe extension (from the existing catch basin) to the west towards the private property. 3) The private property owner will be responsible for installing the drain in their yard and running new pipe underneath their driveway to connect to the pipe the City installed into the catch basin. Before preparing the agreement exhibits, the County has requested the City Council authorize the main body of the agreement. Staff, including the City Attorney, will then work with County staff to finalize the exhibits for the agreement. Figure 1: Aerial view showing the topography. The driveway along the east property line of 6427 42nd Ave acts like a levee and keeps the water from draining from that yard. 4.5 There is no to cost to the City for anything related to this easement agreement other than staff time. Attachments: • Proposed easement agreement • Sketch of proposed easements Recommended Action Motion to approve the resolution authorizing the Easement Agreement with Hennepin County 4.5 Contract No. A199730 ______________________________________________________________________________ RECORDING INFORMATION ABOVE EASEMENT AGREEMENT HENNEPIN COUNTY, MINNESOTA EASEMENT THIS AGREEMENT, made and entered into this ____ day of ______________, 2020, by and between the County of Hennepin, a political subdivision of the State of Minnesota, hereinafter referred to as “COUNTY”, and the City of Crystal, a municipal corporation under Minnesota law, hereinafter referred to as “CITY”. WITNESSETH: WHEREAS, COUNTY is the fee owner of that certain real property legally described on Exhibit A attached, located in the City of Crystal, County of Hennepin, State of Minnesota, hereinafter referred to as the “Property”; WHEREAS, COUNTY is using the Property for library purposes upon which there is located an existing storm sewer line, hereinafter referred to as “Existing Storm Sewer Line”; WHEREAS, CITY has requested a permanent easement over a portion of the Property for drainage purposes, hereinafter referred to as the “Permanent Drainage Easement Area”, legally described in the attached Exhibit B and depicted in the attached Exhibit C, upon which the CITY plans to construct a new storm sewer line, hereinafter referred to as “New Storm Sewer Line”, to connect with the Existing Storm Sewer Line; and WHEREAS, CITY has requested a temporary easement over a portion of the Property for purposes of constructing the New Storm Sewer Line, hereinafter referred to as the “Temporary Easement Area”, legally described in the attached Exhibit B and depicted in the attached Exhibit C, upon which the CITY plans to construct the New Storm Sewer Line and connect it to the Existing Storm Sewer Line that lies within the Permanent Drainage Easement Area; and 4.5 2 WHEREAS, COUNTY is willing, upon the proper terms and conditions, to grant a permanent easement to CITY over the Permanent Drainage Easement Area covering both the Existing Storm Sewer Line and the New Storm Sewer Line, collectively hereinafter referred to as “Storm Sewer Lines”; and WHEREAS, COUNTY is willing, upon the proper terms and conditions, to grant a temporary construction easement to CITY over the Temporary Easement Area depicted in the attached Exhibit C, which temporary easement shall expire on December 31, 2020; and NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, COUNTY and CITY hereby agree as follows: AGREEMENT 1. COUNTY hereby grants to CITY a perpetual nonexclusive permanent drainage easement to construct, modify, add to, maintain, and repair Storm Sewer Lines from time to time, as CITY may require upon, over, under and across the Permanent Drainage Easement Area. 2. COUNTY hereby grants to CITY a temporary construction easement upon, over, under and across the Temporary Easement Area to construct the New Storm Sewer Line and connect it to the Existing Storm Sewer Line. 3. The permanent easement herein shall terminate if the Permanent Drainage Easement Area is no longer used for storm sewer drainage purposes with both parties agreeing to execute a termination of easement agreement that will be recorded. 4. The temporary easement herein shall terminate on December 31, 2020 or earlier if the Temporary Easement Area is no longer needed for construction purposes with both parties agreeing to execute a termination of easement agreement that will be recorded. 5. The provisions hereof shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. CITY shall be solely responsible for the construction and installation of the New Storm Sewer Line that CITY plans to install that will enter the Property from the adjacent parcel to the west located at 6427 42nd Ave. N., Crystal, MN 55427 (PID No. 1711821140023) and will connect to the Existing Storm Sewer Line. CITY shall be responsible for keeping the Storm Sewer Lines in a good, safe, and operating condition. 7. Maintenance and Repair. CITY shall be responsible for any construction, repair, maintenance, or replacement of the Storm Sewer Lines. In the event that there is any damage to the Permanent Drainage Easement Area or to the Temporary Easement Area, then CITY shall promptly restore the Permanent Drainage Easement Area and/or Temporary Easement Area to its original or better condition. CITY shall also be responsible for the cost of removing any 4.5 3 damaged or lost vegetation on the Property that is directly due to the CITY’s installation, repair, or maintenance of the Storm Sewer Lines or related work that is performed by CITY within two years prior to the damage or loss being identified. COUNTY shall remain responsible for regular maintenance of the above ground Permanent Drainage Easement Area and Temporary Easement Area including, but not limited to mowing and lawn care. 8. CITY shall defend, indemnify and hold harmless COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of CITY, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts or omissions they may be liable in connection with the construction, maintenance, repair, and use of the Permanent Drainage Easement Area and Temporary Easement Area. 9. CITY shall not interfere with the COUNTY’S use and enjoyment of the Permanent Drainage Easement Area or the Temporary Easement Area. 10. Except for the right of access, the permanent easement is limited to storm sewer drainage and appurtenances limited to ground level or below of the Permanent Drainage Easement Area. No equipment or structures shall be constructed by City above ground on the Permanent Drainage Easement Area. 11. Except for the right of access, the temporary easement is limited to construction and maintenance purposes for the installation of the Storm Sewer Lines limited to ground level or below of the Temporary Easement Area. No equipment or structures shall be constructed by City above ground on the Temporary Easement Area. 12. The parties acknowledge that the legal description set forth in Exhibit B and the depiction in Exhibit C may need to be modified after the exact location of the Storm Sewer Lines is determined. The parties agree that they will execute and record an amended easement agreement with a corrected legal description and depiction if requested by either party. County Contract No. A199730 4.5 4 City of Crystal By: ________________________________ Jim Adams Its Mayor By:________________________________ Anne Norris Its City Manager CITY OF CRYSTAL ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this ____ day of ________________ __________________, 2020, by Jim Adams, Mayor, and by Anne Norris, City Manager of the City of Crystal, on behalf of the City. ______________________________ Notary Public My Commission Expires ________ 4.5 5 COUNTY BOARD AUTHORIZATION CITY, having signed this agreement, and the Hennepin County Board of Commissioners having duly approved this agreement on the ____ day of ________________, 2020, and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney’s Office: By: ______________________________ Chair of Its County Board Date: ________________________ ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: Recommended for Approval: ______________________________________ Assistant County Administrator, Public Works Date: Director, Community Works Date: 4.5 6 HENNEPIN COUNTY ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ______________, 2020, by _____________________________, the Chair of the County Board, and _________________________, the Deputy/Clerk of the County Board, and __________________________ the County Administrator, of the County of Hennepin, State of Minnesota on behalf of the County. This Instrument Drafted By: Hennepin County Department of Community Works 701 4th Ave S – Suite 400 Minneapolis, MN 55415 4.5 4.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2020 - ______ AUTHORZING THE EASEMENT AGREEMENT WITH HENNEPIN COUNTY FOR STORM SEWER ACCESS WHEREAS, in order to provide for storm water drainage from 6427 42nd Ave N a permanent pipe needs to be installed that connects to Hennepin County property (6401 42nd Ave N); and WHEREAS, in conjunction with the pipe being installed, a permanent easement over the pipe will also be required; and WHEREAS, Hennepin County has consented to providing a permanent easement for the pipe to the City; and WHEREAS, Hennepin County requested Council approval of the body of the easement agreement prior to finalizing the exhibits; NOW, THEREFORE, BE IT RESOLVED that the City hereby approves the agreement and authorizes staff to finalize the easement agreement exhibits with Hennepin County for the storm water improvement work in the northwest corner of 6401 42nd Ave N. BE, IT FURTHER RESOLVED that the Mayor and City Manager are authorized to sign the easement agreement after the exhibits have been finalized to the City Attorney’s satisfaction. Adopted by the Crystal City Council this 10th day of March, 2020. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 4.5 DATE:March 4, 2020 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount LMC Insurance Trust First quarter of 2020 Workers Compensation insurance $99,407.00 Metropolitan Council Environ Svs Wastewater service for March $137,128.09 LOGIS Monthly application support & server hosting, Becker Park fiber $38,239.05 MTI Distributing Replacement mower #123 Toro Groundmaster, net of trade in $53,954.77 West Metro Fire Rescue District February contribution to West Metro Fire $106,380.00 Golden Valley JWC January water costs plus 2020 capital improvement funding $481,929.88 MN PERA Employee and city required contributions for 2/21/20 pay date $63,213.34 HealthPartners Inc March health insurance premiums $119,014.50 $1,099,266.63 Description 6.1 Memorandum DATE: March 10, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: Approve Plans and Specifications, Order Ad for Bids 2020 Utility Reconstruction Project 2020-01 Summary Based on the long term infrastructure management plan and the Feasibility Report for the area identified for reconstruction in the 2020-2029 timeframe, Kentucky Avenue N. ( 27th Avenue N. to 30th Avenue N.) and Jersey Avenue N. (30th Avenue N. to 32nd Avenue N.) were identified as the priority for the 2020 construction year. The utility reconstruction work will consist of removal and replacement of the existing water main and sanitary sewer main, as well as new fire hydrants and water service laterals from the mains to the city-owned curb stop. The work will also include some storm sewer modifications and replacement. New concrete curb and gutters and street pavement will be installed after the utility work is complete. Project Budget The 2020 Water, Sewer, Storm Water Utility Capital Funds and Street Maintenance Capital Fund allocated a combined $2,150,000 for the utility reconstruction project. There will be no special assessment for this project. Project Cost The engineers estimated construction cost is $1,800,000. The professional services, construction testing, and other miscellaneous costs are approximately $300,000. This brings the total project cost to an estimated $2,100,000. This is in-line with the project budget. Project Schedule In order to try and get the best pricing, the City is flexible on the construction schedule in terms of start time. Bids will be opened April 9, 2020. Assuming there are no issues, the Council will be asked to consider awarding the contract at the Council Meeting on April 21, 2020. The date for project completion is late fall 2020. The final layer of pavement is planned to be completed by the end of this year (as opposed to previous Street Reconstruction projects where it occurred in the following year). Communication Direct mailings have been sent to all the properties (66) in the project area notifying them of the potential project and inviting them to two project open houses. The first open house was November 6.2 19, 2019 with 14 properties (21%) attending. The second open house was February 18, 2020 with 15 properties (22%) represented. Additional information will be mailed once the project is awarded and a construction timeline is known. CenterPoint Energy In advance of the City project, CenterPoint Energy will be replacing some gas mains, service laterals, and moving gas meters from inside homes to outside of the home. CenterPoint will be communicating with the properties directly related to any specific needs (like access to the home). Optional Sanitary Sewer Service Program Eighteen properties (27%) have expressed interest in participating in the private sanitary sewer service lining program. Staff have been working with these property owners to conduct tv inspections of their sanitary sewer service laterals to confirm the pipe can be lined. Attachment • Project Location Map Recommended Action • Motion to approve resolution approving the plans and specifications for the 2020 Utility Reconstruction project • Motion to approve resolution ordering advertisement for bids for the 2020 Utility Reconstruction project 6.2 32nd Ave N 31st Ave N Louisiana Ave NHampshire Ave N30th Ave N 29th Ave N 27th Ave N N e v a d a AveN29th Ave N 31st Ave N Georgia Ave NJersey Ave NIdahoAveNGeorgia Ave NKentucky Ave N2037 2037 2026 2027 2026 2037 2026 2037 2022 2037 2024 2026 2026 2025 2020 2024 2023 2026 2025 2020 20262023 2021 2021 2025 2025 2026 20202024 ´0 500 1,000Feet Proposed 2020 Utilities Reconstruction Document Path: G:\Street Maintenance\Planning\Recon Scheduling.mxd 6.2 RESOLUTION NO. 2020 - ______ APPROVING PLANS AND SPECIFICATIONS FOR THE 2020 UTILITY RECONSTRUCTION PROJECT WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City has developed a long term plan for reconstruction of the City’s water, sanitary sewer, storm water, and street infrastructure; and WHEREAS, various 2020 capital funds have been allocated funds for the utility reconstruction project; and WHEREAS, the firm of Short, Elliot Hendrickson (SEH) has prepared the plans and specifications plans for the proposed 2020 Utility Reconstruction project; and NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the plans and specifications for the 2020 Utility Reconstruction Project. Adopted by the Crystal City Council this 10th day of March, 2020. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.2 RESOLUTION NO. 2020 - ______ ORDERING ADVERTISEMENT FOR BIDS FOR THE 2020 UTILITY RECONSTRUCTION PROJECT WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City has developed a long term plan for reconstruction of the City’s water, sanitary sewer, storm water, and street infrastructure; and WHEREAS, various 2020 capital funds have allocated for the utility reconstruction project; and WHEREAS, the firm of Short, Elliot Hendrickson (SEH) has prepared the plans and specifications plans for the proposed 2020 Utility Reconstruction project; and WHEREAS, the City Council approved the plans and specifications on March 10, 2020. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders the advertisement for bids for the 2020 Utility Reconstruction Project. Adopted by the Crystal City Council this 10th day of March, 2020. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.2 Memorandum DATE: March 10, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Patrick Sele Utility Superintendent SUBJECT: Purchase of water main gate valves and hydrants ____________________________________________________________________ Background In 2020, the City has a number of projects and developments that will involve the construction of new public water main and associated parts. These projects include the 2020 Utility Reconstruction Project, 6023 42nd Ave (Tumble Fresh Laundry), and the 2020 Street Mill and Overlay Project. In an effort to reduce the cost of these projects, the City will be providing the gate valves (used to control water flow in the water main) and fire hydrants for all these projects and ordering them in bulk at one time. Another benefit of the City purchasing these items is that they are then exempt from sales tax, which further reduces the cost. In all, it is proposed that the City purchase 21 gate valves and 8 hydrants. Funding The funding for this purchase will come from a number of City sources which include the water utility fund-capital budget, the water utility fund-operating budget (for some spares), and the street maintenance fund-capital budget (for work in the mill and overlay area). Additionally, the City will be reimbursed for a number of the gate valves and hydrants that will be installed on new public water main as part of the proposed Tumble Fresh Laundry development. Costs The City solicited quotes from three different vendors for the purchase of the gate valves and hydrants. •Boys Water Products $37,076.94 •Core and Main $38,990.00 •Ferguson $41,324.18 Attachment •Quote from Boys Water Products Recommended Action Motion to approve the purchase of water main gate valves and hydrants 6.3 Quote Date:2/5/2020 Quote #3928 Quest Project # Location Bid Date/Time Rep:James Job Name AVK Items Engineer Signature Total Phone: 952-583-5028 or 507-665-5119 1109 Stagecoach Rd., Shakopee, MN 55379 34876 US Hwy 169, Le Sueur, MN 56058 www.boyswaterproducts.com Certified DBE in MN, SD, ND, IA, Hennepin County, and Mpls, TGB, and WBE (CERT) "Your Project is Our Project" DescriptionItem #Qty U/M Rate Total 6" MJ R/S Gate Valve OL w/2" Nut-AVK20 EA 617.44 12,348.80 8" MJ R/S Gate Valve OL w/2" Nut-AVK0 EA 982.53 0.00 12" MJ R/S Gate Valve OL w/2" Nut-AVK1 EA 1,938.22 1,938.22 8'0" Bury 16" B/O 6" MJ PHH 5" STORZ/NST 304 SS Lower Stem #5 OP Nut w/Chain-RED 8 EA 2,848.74 22,789.92 8'0" Bury 16" B/O 6" HYMAX PHH 5" STORZ/NST 304 SS Lower Stem #5 OP Nut w/Chain-RED 0 EA 2,972.94 0.00 _____________________________________ Quotation on named goods only, FOB Boys Water Products unless otherwise noted. Acceptance of this quotation is acceptance of company Terms and Conditions. Prices do not reflect local, state, or federal taxes. All quantities to be verified before shipment. All pipe is sold in full lengths only. All fabric is sold in full rolls only. Quote to be accepted within 30 days to hold pricing. $37,076.94 6.3 RESOLUTION NO. 2020- _____ APPROVING THE PURCHASE OF WATER MAIN GATE VALVES AND HYDRANTS WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City has a number of projects in 2020 that involve construction of new public water main and associated parts; and WHEREAS, purchasing all of the gate valves and hydrants at one time will lead to overall cost savings; and WHEREAS, the City solicited three quotes for the water main gate valves and hydrants; and WHEREAS, funds are allocated in various budgets and private projects for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of the water main gate valves and hydrants from Boys Water Products for $37,076.94. Adopted by the Crystal City Council this 10th day of March 2020. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.3 Memorandum DATE: March 10, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Pat Sele, Utilities Superintendent SUBJECT: High service pump replacement at the JWC Crystal-reservoir Summary The Joint Water Commission (JWC) has planned and allocated for the replacement of the high service pump at the Crystal reservoir. Bids for the project were originally opened Tuesday, August 13, 2019. However, soon after bids were opened a potential issue was identified with one of the subcontractors and concerns were raised about the subcontractor’s ability to complete the work. The challenge was that this subcontractor was a subcontractor to both of the prime bidders that submitted, so the City could not just contract with the other prime bidder. After trying to work with the contractor and sub-contractor to get firm commitments on their ability to complete the project, the sub-contractor withdrew their part of the bid. The prime contractor then reached out to other sub-contractors and found another subcontractor (Taylor Electric) that was able to do the work for the same price as in the original bid. Bids The City went through a public bidding process and received two bids. The two bids received are listed below: 1)Keys Well Drilling Co.$218,000 2)E.H. Renner & Sons $225,649 Cost The cost for the work is $218,000, is part of the JWC Capital plan, and will be paid entirely by the JWC. Attachment •Bid tabulation Recommended Action Motion authorizing the contract for the replacement of the high service pump 6.4 H:\JWC_PR\R22116450\$0_CRYSTAL _HSP 4\6_PLANS-SPECS\B_BID TAB\BID TABULATION HSP4 CYRSTAL_REV1.DOCX BID TABULATION Project Location: Joint Water Commission (JWC)/City of Crystal Bid Day/Date: Tuesday, August 13, 2019 Project Title: High Service Pump No. 4 Replacement Bid Time: 11:00 a.m. Project No.: R22.116450 Addendum(s): No. 1 8/8/2019 BIDDERS LUMP SUM BASE BID PRICE TOTAL PROJECT BID PRICE ALTERNATE BID PRICE (ADD) TOTAL BID PRICE W/ ALTERNATE ADDENDA (A) (A+Allowance) (Alt) (A+Allow+Alt) (Y/N) 1. E.H. Renner & Sons $195,349 $215,349 $10,300 $225,649 Y 2. Keys Well Drilling Co. $193,000 $213,000 $5,000 $218,000 Y 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 6.4 RESOLUTION NO. 2020- ___ AUTHORIZING THE CONTRACT FOR THE REPLACEMENT OF THE HIGH SERVICE PUMP WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the Joint Water Commission’s (JWC) Capital Improvement Project list includes the replacement of the high service pump at the Crystal reservoir; and WHEREAS, the City is acting on behalf of the JWC in administering this contract; and WHEREAS, bids were publically opened on August 13, 2019; and WHEREAS, Keys Well Drilling Co provided the lowest qualified bid for the project. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for the replacement of the high service pump at the Crystal Reservoir to Keys Well Drilling Co. in the amount of $218,000. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby authorized to sign said contract. Adopted by the Crystal City Council this 10th day of March, 2020. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.4 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5