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2020.09.01 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: August 28,2020 City Council Meeting Schedule Tuesday, September 1, 2020 Time Meeting Location 6:45 p.m. Economic Development Authority (EDA) Meeting Council Chambers/Zoom 7:00 p.m. City Council Meeting Council Chambers/Zoom Immediately following City Council Meeting City Council Work Session to discuss: 1. ADA Transition Plan (sidewalks) 2. Update on West Broadway sidewalk connection Council Chambers/Zoom Immediately following City Council Work Session Economic Development Authority (EDA) Work Session to discuss: 1. Redevelopment example 2. Update on Bass Lake Road business district technical assistance Council Chambers/Zoom 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. In accordance with the requirements of Minnesota Statutes, Section 13D.021, Mayor Jim Adams of Crystal has determined that, due to the outbreak of COVID-10 (otherwise known as “Coronavirus”) it may not be practical for members of the public to attend an in-person meeting. Members of the public may monitor the meeting by a scheduled Zoom meeting. Join Zoom Meeting https://us02web.zoom.us/j/82181882026?pwd=NFo0bURmYnFMZjFQVkMrN21vVmF2QT09 Meeting ID: 821 8188 2026 Passcode: 414141 One tap mobile +19292056099,,82181882026# US (New York) +13017158592,,82181882026# US (Germantown) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 821 8188 2026 Find your local number: https://us02web.zoom.us/u/kem2s0hVU AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  REGULAR MEETING  TUESDAY, SEPTEMBER 1, 2020 6:45 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Consider approval of minutes from the August 18, 2020 meeting 4. Consider a resolution adopting a proposed 2021 budget and property tax levy, and requesting City Council approval 5. Other business * 6. Adjournment * *Items for which no materials are included in the packet Page 1 of 3 Minutes of the Economic Development Authority of the City of Crystal Council Chambers August 18, 2020 1. Call to Order President LaRoche called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 6:30 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, Brendan Banks, John Budziszewski, Julie Deshler, Therese Kiser and Nancy LaRoche. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Adams (Deshler) to approve the minutes of the July 21, 2020 regular meeting. Motion carried. 4. Public Hearing regarding sale of 4741 Welcome Avenue North. Mr. Sutter reported that no proposals were received by the August 12 deadline. Staff is requesting that the EDA open the hearing, take comment and continue the hearing to October 6, and also direct staff to reissue the Request for Proposals with a new deadline of September 30. President LaRoche opened the public hearing. There being no one from the public desiring to speak, President LaRoche asked for EDA discussion and a motion. Moved by Commissioner Adams and seconded by Commissioner Banks continuing the public hearing to October 6, 2020 and directing staff to reissue the Request for Proposals for the sale of 4741 Welcome Ave. N. for construction of a new residential building with a proposal deadline of September 30, 2020 and providing one additional year for completion of the building. Motion carried. 5. Other business. Mr. Sutter provided updates on the Hampton Companies assisted living project at 3501 Douglas Dr. N. and the vacant Pizza Hut building at 3600 Douglas Dr. N. Page 2 of 3 6. Adjournment Moved by Commissioner Deshler (Kiser) to adjourn the meeting. Motion carried. The meeting adjourned at 6:43 p.m. Page 3 of 3 These minutes of the August 18, 2020 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary ___________________________________________________________________________ FROM: John Sutter, Community Development Director ___________________________________________________________________________ TO: Anne Norris, Executive Director (for September 1 meeting) DATE: August 27, 2020 SUBJECT: Consider a resolution adopting a proposed 2021 HRA tax levy and budget As part of the annual budgeting process, the EDA formally requests a Housing and Redevelopment Authority tax levy which would comprise most of its funding. The 2020 levy was $282,744. Staff is recommending a 2021 levy of $300,000 which is a 6.1% increase. It is important to note that there was no increase from 2019 to 2020, so the proposed levy increase from 2020 to 2021 is effectively for a two-year period. The HRA levy comprises most of the EDA’s revenue, with the remainder being interest earned on the fund balance. Budget Summary: 2019 2020 2021 2022 Actual Adopted Proposed Proposed Revenue 377,010 328,399 310,000 318,000 Expenditures 437,509* 411,303 371,798 384,850 Cash Balance at End of Year 2,140,093 2,057,189** 1,995,391** 1,928,541** * 2019 expenditures do not the $1,150,000 transfer to Park Improvement Fund for Becker Park or $295,000 in prior period adjustments. ** Year end cash balances for 2020, 2021 and 2022 are estimated. Anticipated 2021 EDA activities:  One or more redevelopment projects in the Town Center redevelopment area  Continue and expand beautification efforts  Sale of properties currently being held by the EDA (proceeds increase the fund balance)  Home improvement grants for households not eligible for use of TIF funds Adoption of the attached resolution is requested. Please note that, whatever levy amount is set, it may be reduced but cannot be increased when the final budget and tax levy are set in December. EDA STAFF REPORT Preliminary 2021 HRA Levy ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020 - 01 RESOLUTION ADOPTING A PROPOSED 2021 BUDGET AND PROPERTY TAX LEVY AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the enabling resolution of the EDA, the EDA exercises all of the powers of a housing and redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to 469.047 (the “Act”); and WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is, property in the City; and WHEREAS, the permitted levy is 0.0185 percent of the estimated market value of the property in the City. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Crystal as follows: 1. The EDA hereby adopts a proposed 2021 budget for housing and redevelopment in the amount of $371,798. 2. The EDA hereby adopts a proposed 2021 property tax levy of $300,000 for the purpose of funding the adopted budget in conformance with Section 469.033, Subdivision 6 of Minnesota Statutes. 3. The Executive Director is authorized and directed to transmit a certified copy of this Resolution to the City Council of the City of Crystal for its consent and approval as provided by Section 469.033 of the Act and for certification to the Property Tax Manager of Hennepin County. Adopted this 1st day of September, 2020. _______________________________ Nancy LaRoche, President _______________________________ Anne Norris, Executive Director Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: August 28, 2020 City Council Meeting Agenda Tuesday, September 1, 2020 7 p.m. Council Chambers/Zoom Meeting 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 Neighbors Recognizing Neighbors Awards 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 August 14, 2020. b. The City Council first work session on August 18, 2020. c. The City Council meeting on August 18, 2020. d. The City Council second work session on August 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 Acceptance of the resignation of Alex Herreid from the Environmental Quality Commission. 4.4 Approval of authorizing execution of the first amendment to the Crystal – MAC Wildlife Area Cooperative Agreement with Three Rivers Park District. 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). Page 2 of 3 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 resolutions approving 2021 proposed general fund budget, 2021 preliminary property tax levy, set public input date for the 2021 budget and preliminary property tax levy. The City Council has discussed the preliminary 2021-2022 budgets and levy at several recent work sessions. The 2021 budget preserves current service levels and the 2021 levy is a combination of anticipated reduced revenues in 2021 due to the pandemic, wage and benefit increases for staff and continued funding for capital funds for planned building, fleet and equipment needs. The preliminary levy is the highest the levy can be; the Council can consider reducing the final levy in December. Finance Director Jean McGann will provide a presentation on the preliminary budget and levy prior to answering any questions from the Council. 6.3 The Council will consider a resolution authorizing a professional services contract with SEH for the 2021 utility reconstruction project. The 2021 utility reconstruction project continues with another project in the southern portion of the city; work on developing specific plans for that project needs to start now. Recommend adoption of the resolution authorizing execution of a professional services contract with SEH for the 2021 utility reconstruction project. 6.4 The Council will consider a resolution authorizing a contract with Ultra Concrete for the construction of a hockey rink at North Lions Park. Two quotes were received for the concrete for the hockey rink at North Lions Park. Recommend approval of the resolution authorizing a contract with Ultra Concrete for construction of the hockey rink at North Lions Park. 6.5 The Council will consider the second reading of an ordinance amending Chapter XI of the City Code regarding tobacco and consider a resolution authorizing summary publication of that ordinance. At its last meeting, the City Council approved the first reading of an ordinance amending Chapter XI of the City Code changing the legal age for tobacco to 21, consistent with State and Federal law. Recommend approval of the second reading of the ordinance and approval of the resolution authorizing summary publication of the ordinance. Page 3 of 3 7. Announcements a. The next City Council meeting is Tuesday, September 15, at 7 p.m. in the Council Chambers at City Hall. b. 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; stay healthy. See you at Tuesday’s meeting. Memorandum DATE: September 1, 2020 TO: Mayor and Council FROM: Anne Norris, City Manager SUBJECT: 2020 Neighbors Recognizing Neighbors Awards ____________________________________________________________________ Since 2017, the City of Crystal has honored those who make our city a great place to live and work with its Neighbors Recognizing Neighbors recognition awards program. Each spring, the city seeks nominations from residents who want a wonderful neighbor recognized for their kindness and helpfulness. This year, the Park and Recreation Commission reviewed the numerous nominations and picked three winners for 2020. All three award winners recently received their inscripted crystal awards , and a video presentation had been put together to honor them and their contributions to our community. In this presentation, we will hear from 2020 winners Jim Decker, Ray Pontius and Peg Tutila. 3.1 Crystal City Council special meeting minutes August 14, 2020 Page 1 of 1 1.Call to Order Pursuant to due call and notice thereof, the special meeting of the Crystal City Council was held on August 14, 2020 at 5:32 p.m. electronically via Zoom and 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 in the Council Chambers at City Hall: Adams, Budziszewski and LaRoche. Council member Banks was present via Zoom. Council members absent: Parsons, Deshler and Kiser. City staff present in the Council Chambers at City Hall: City Manager A. Norris and City Clerk C. Serres. 2.Regular Agenda 2.1 The Council considered a resolution canvassing the election returns and declaring the results of the primary election for Ward 4 Council Member. City Clerk Chrissy Serres addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2020 – 75 RESOLUTION CANVASSING THE VOTE AND DECLARING THE RESULTS OF THE 2020 PRIMARY MUNICIPAL ELECTION By roll call and voting aye: Adams, Banks, Budziszewski and LaRoche. Absent, not voting: Parsons, Deshler and Kiser. Motion carried, resolution declared adopted. 3.Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. By roll call and voting aye: Banks, Budziszewski, LaRoche and Adams. Absent, not voting: Deshler, Kiser and Parsons. Motion carried. The meeting adjourned at 5:38 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Christina Serres, City Clerk 4.1(a) Crystal City Council first work session minutes August 18, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:45 p.m. on August 18, 2020 electronically via Zoom and in the Council Chambers at City Hall, 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 in the Council Chambers at City Hall: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Police Chief S. Revering, Community Development Director J. Sutter and City Clerk C. Serres. II.Agenda The Council and staff discussed the follo wing items: 1.Amendment to Chapter XI of the City Code regarding tobacco. III.Adjournment The work session adjourned at 6:56 p.m. ________________________________ Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.1(b) Crystal City Council meeting minutes August 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 August 18, 2020 at 7:00 p.m. electronically via Zoom and 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 in the Council Chambers at City Hall: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. City staff present in the Council Chambers at City Hall: City Manager A. N orris, Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Recreation Director J. Elholm, Recreation Supervisor S. Berggren, Police Chief S. Revering, Deputy Police Chief B. Hubbard, West Metro Fire- Rescue District Chief S. Larson, Community Development Director J. Sutter 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 LaRoche and seconded by Council Member Banks to approve the agenda. Motion carried. 3.Appearance Recreation Supervisor Scott Berggren addressed the Council. Coordinator for the African Drum and Dance Jambore event, Dillon Ronan, also addressed the Council. Alyssa Fram, Recreation Supervisor from the City of Plymouth, presented the City with a Minnesota Recreation and Park Association Award of Excellence for the African Drum and Dance Jambore event. 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 work session on July 9, 2020. b.The City Council first work session on July 21, 2020. c.The City Council meeting on July 21, 2020. d.The City Council second work session on July 21, 2020. e.The City Council work session on August 6, 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. 4.1(c) Crystal City Council meeting minutes August 18, 2020 Page 2 of 3 4.3 Approval of Resolution 2020-76, ordering the preparation of an assessment roll, declaring the amount to be assessed and setting the date of October 20 as the date for a public hearing to consider the 2020 delinquent accounts. Moved by Council Member Deshler and seconded by Council Member Kiser to approve the consent agenda. Voting aye: Adams, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. Abstention: Banks 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 LaRoche and seconded by Council Member Deshler to approve the list of disbursements over $25,000. Voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. Motion carried. 6.2 The Council considered approval of the West Metro Fire-Rescue District 2021 budget. City Manager Anne Norris addressed the Council. Moved by Council Member Banks and seconded by Council Member LaRoche to approve the West Metro Fire-Rescue District 2021 budget. Voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. Motion carried. 6.3 The Council considered the first reading of an ordinance amending Chapter XI of the City Code regarding sale of tobacco products. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following ordinance: ORDINANCE NO. 2020 – 04 AN ORDINANCE REVISING CHAPTER XI OF THE CRYSTAL CITY CODE RELATED TO TOBACCO AND RELATED PRODUCTS And further, that the second and final reading will be held on September 1, 2020. Voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. Motion carried. 4.1(c) Crystal City Council meeting minutes August 18, 2020 Page 3 of 3 7. Announcements The Council made announcements about upcoming events. 8. Adjournment Moved by Council Member Kiser and seconded by Council Member Deshler to adjourn the meeting. Motion carried. The meeting adjourned at 7:30 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Christina Serres, City Clerk 4.1(c) Crystal City Council second work session minutes August 18, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the second work session of the Crystal City Council was held at 7:31 p.m. on August 18, 2020 electronically via Zoom and in the Council Chambers at City Hall, 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 in the Council Chambers at City Hall: Adams, Banks, Budziszewski, Deshler (departed at 8:38 p.m.), Kiser, LaRoche, and Parsons. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, Police Chief S. Revering, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter and City Clerk C. Serres. II.Agenda The Council and staff discussed the follo wing items: 1.Update on Blue Line Extension update. III.Adjournment The work session adjourned at 8:42 p.m. ________________________________ Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.1(d) Page 1 of 1 City of Crystal Council Meeting September 1, 2020 Applications for City License Rental – New 5127 Edgewood Ave. N. – Haelan House LLC 4824-4826 Idaho Ave. N. – Eleasah Crooks (Tilseth) (Conditional) 4833 Jersey Ave. N. – Jesse Stavlo (Conditional) 5817 Quail Ave. N. – Lucas Berry Rental – Renewal 3648 Colorado Ave. N. – D N Real Estate LLC 5319 Corvallis Ave. N. – Kimberly Donner (Conditional) 5012 Fairview Ave. N. – Dylan Jones 3909 Georgia Ave. N. – Empower Funding LLC (Conditional) 6920 Lombardy La. – Tamara Miller 4601 Louisiana Ave. N. – Reill Properties LLC (Conditional) 3436 Major Ave. N. – Judy Dupaul (Conditional) 5300 Maryland Ave. N. – Benjamin Williams 5600 Vera Cruz Ave. N. – MNSF (Conditional) 5619 Vera Cruz Ave. N. – South Face Investments LLC 5517 Welcome Ave. N. – Nicholas Beauchene (Conditional) 5732 West Broadway – Peter Hoeben (Conditional) 4323 Xenia Ave. N. – JDA Group LLC 5225 Xenia Ave. N. – Sudi Jannatpour 6600 34th Ave. N. – Matthew Healy 6629 41st Ave. N. – Jean Witthoft 6727 46th Ave. N. – Dawn and Dani Araya (Conditional) 5915 47th Ave. N. – HPA II Borrower 2019-1 LLC (Conditional) 5401 51st Ave. N. – Crystal Leased Hsg Ascts I (Conditional) 5708 56th Ave. N. – Helen Osonowo (Conditonal) 5724 56th Ave. N. – Crystal Ventures LLC (Conditional) 5802 56th Ave. N. – Helen Osonowo (Conditional) 4.2 Memorandum DATE: August 19, 2020 TO: Mayor and Council FROM: Kimberly Therres, Assistant City Manager/Human Resources Manager SUBJECT: EQC Commission Member Resignation ____________________________________________________________________ Environmental Quality Commission member, Alex Herreid, has moved out of the City of Crystal. Please accept his resignation from the Environmental Quality Commission. 4.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: TO: FROM: SUBJECT: August 26, 2020 Mayor and City Council Anne Norris, City Manager John Elholm, Recreation Director MAC Wildlife Area – Amendment to Cooperative Agreement The MAC Wildlife Area is a popular place for people to take a walk and enjoy nature. The area primarily consists of trails and boardwalks that meander around and through woodlands and wetlands. Sections of the boardwalk are in poor condition, with portions becoming submerged during certain times of the year. The City of Crystal and Three Rivers Park District entered into an agreement in 2017 to begin making boardwalk improvements in this wildlife area. Phase 1 of the boardwalk was completed in the early spring of 2019. This phase consisted of 460 lineal feet of boardwalk, which was funded by Three Rivers Park District. Phase 2 of the project is currently in the planning stages. Three Rivers Park District proposes a similar arrangement, where the City of Crystal will remove old boardwalk sections and the park district will design and fund new boardwalk sections. An amendment to the original cooperative agreement is proposed that covers the Phase 2 portion of the project. Staff recommends entering into the ‘Cooperative Project Agreement: First Amendment’ for the Phase 2 construction of boardwalks in the MAC Wildlife Area. 4.4 PHASE 2 AGREEMENT4.4 4.4 4.4 ORIGINAL (PHASE 1) AGREEMENT4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 DATE:August 26, 2020 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount Commercial Asphalt Co.Supplies for in-house paving project, mill & overlay project $35,007.19 Custom Builders, Inc.Becker Park AFP #8 $98,108.85 Golden Valley JWC July water costs $265,474.33 LOGIS Monthly application support, MS licensing, fibers to towers/lifts $44,934.28 Short Elliot Hendrickson, Inc.2020 Utility Reconstruction project $43,679.86 West Metro Fire Rescue District August Contribution to West Metro Fire $106,380.00 Metropolitican Council Environ. Svs.Wastewater service for September $137,128.09 Northdale Construction Company 2020 Utility Reconstruction AFP #3 $354,773.36 Custom Builders, Inc.Concrete work at Iron Horse Park $32,759.00 Waste Management (HRG)July HRG recycling costs $53,050.41 MN PERA Employee and city required contributions for 8/21/20 pay date $58,537.82 $1,229,833.19 Description 6.1 Memorandum DATE: August 27, 2020 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, AEM Financial Solutions, LLC SUBJECT: Consideration of Resolutions Adopting the Proposed 2021 Property Tax Levies, 2021 Preliminary General Fund budget, setting the Public Input date as required by Truth in Taxation regulations and setting the 2021 HRA levy. Background The City Council has held work sessions to discuss property tax revenues and budget proposals. The outcomes of the budget work sessions were to provide for a preliminary property tax levy increase of $770,171 recognizing the City has the opportunity to reduce the overall property tax levy before the final certification is due on December 28, 2020 however; the property tax levy may not be increased. The overall levy is proposed to increase by 6.23%. The emphasis for the 2021 budget has been to focus in on strategic planning for capital needs and to maintain the existing level of service throughout the city. The unknown factors for the 2021 budget is the duration of the pandemic and what impact this could have on revenues. 2021 – 2022 Revenue and Expenditure Factors Non-tax Revenue increases (decreases)Expenditure increases (decreases) Special assessments (18,500)$ Wages and benefits 338,301$ Delinquent property taxes and interest (28,000) Police K-9 overtime 7,100 Charges for services (47,192) Assessing contract 26,000 Licenses and permits (66,950) Finance professional services 10,000 (4,650) 9,475 School resource officer (33,000) Police mental health 35,000 Fines and forfeits (32,000) Elections (112,596) SAC charges (25,000) Streets - salt (7,000) Antenna charges 17,000 Miscellaneous reductions (21,406) City provided services to others (10,500) West Metro Fire District 58,250 Interest earnings 30,488 Total Expenditure increases (decreases)343,124$ Recreation (16,385) Miscellaneous modifications (6,503) Total Non-tax General Fund Increase over 2020 579,072$ Transfers 5,244 Total Non-tax Revenue increases (decreases)(235,948) Intergovernmental revenue (bulletproof vests and post-board reimb) Human resources - professional services and service contracts 6.2 Property taxes While property taxes support approximately 69% of General Fund activity, they also support buildings, parks, fleet, street reconstruction and information technology throughout the city. 2020 Levy 2020 % Change 2021 Proposed 2021 Increase (Decrease) 2021 % Change 2022 Proposed General levy 10,143,522$ 4.40 %12,084,489$ 1,940,967$ 19.14 %12,740,995$ Capital improvements and Internal Service levy Police Equipment Revolving 154,938 0.00 158,037 3,099 2.00 161,197 Park Improvement 358,914 44.54 480,511 121,597 33.88 606,999 Street Construction 110,144 0.00 114,550 4,406 4.00 119,132 Internal Service levy Information Technology 159,179 0.00 - (159,179) -100.00 - PIR - 0.00 - - - - Buildings 1,072,295 83.02 - (1,072,295) -100.00 - Fleet 85,680 0.00 - (85,680) -100.00 - Total Capital Improvement and Internal Service levy 1,941,150 44.42 753,098 (1,188,052) -61.20 887,328 EDA 282,744 0.00 300,000 17,256 6.10 310,000 12,367,416$ 9.03 %13,137,587$ 770,171$ 6.23 %13,938,323$ Public Input The City Council must announce a date, time and place for a public meeting where the budget and tax levy will be discussed. During this meeting, citizens should be encouraged to speak on the budget and property tax levy being proposed for 2021. Staff recommends setting December 1, 2020 as the Public Input date for the 2019 property tax levy and budget. In addition to the Public Input meeting on December 1, 2020, there will be a presentation held on October 6, 2020 to allow for public comment. Conclusion The City Council is requested to consider approving the 2021 proposed property tax levy, 2021 preliminary General Fund Budget, set the Truth in Taxation Public Input date for December 1, 2020 and approve the 2021 proposed HRA levy. 6.2 September 1, 2020 6.2 Continue two-year budget and financial planning cycle started with 2019-2020 budgets Maintain current service levels with minimal impact to residents and taxpayers while continuing to implement the Council’s four priorities Continue to fund capital needs so debt won’t be needed for fleet, building or equipment purchases or replacements Continue to keep enterprise (utility) funds solvent with modest utility rate increases 6.2 Duration of pandemic and impact on revenues Labor negotiations in that all three bargaining units are open for 2021 6.2 Crystal Business Association Beautification and branding (seasonal planters, banners, litter clean-up along major corridors) 6.2 Implementation of Parks Master Plan (Becker, Welcome, Iron Horse, North Lions) New home construction Birthday brigades Code enforcement Community events: MN Night to Unite, Cheers to Crystal, Crystal Frolics, Antique Car Run, Lions Corn Feed, Airport Open House Public safety: Adopt a hydrant, Crime Prevention Fund, domestic assault prevention, home safety surveys, coffee/cone with a cop, shop with a cop, Citizens Police Academy, Junior police academy Community police forums 6.2 Biennial budget Long term plan –planning and saving for capital needs for the future to have cash to pay for: Police building Utility and street replacement Park fund 6.2 Inclusive play area –Becker Park Joint Community Police Partnership –partner with Hennepin County: Multi-Cultural Advisory Committee (MAC) Cadet program Partnership with Cornerstone –Domestic Violence Prevention and Advocacy Chiefs Chat Podcast with Police and Fire chiefs Mayor Jim Adams Podcast Partnership with ISD 281 Adult Academic Education Center Partnership with Hennepin County –mental health programming (starting in 2021) 6.2 2020 Levy 2020 % Change 2021 Proposed 2021 Increase (Decrease) 2021 % Change 2022 Proposed 2022 Increase (Decrease) 2022 % Change General levy 10,143,522$ 4.40 %12,084,489$ 1,940,967$ 19.14 %12,740,995$ 656,506$ 5.43 % Capital improvements and Internal Service levy Police Equipment Revolving 154,938 0.00 158,037 3,099 2.00 161,197 3,160 2.00 Park Improvement 358,914 44.54 480,511 121,597 33.88 606,999 126,488 26.32 Street Construction 110,144 0.00 114,550 4,406 4.00 119,132 4,582 4.00 Internal Service levy Information Technology 159,179 0.00 - (159,179) -100.00 - - - PIR - 0.00 - - - - - - Buildings 1,072,295 83.02 - (1,072,295) -100.00 - - - Fleet 85,680 0.00 - (85,680) -100.00 - - - Total Capital Improvement and Internal Service levy 1,941,150 44.42 753,098 (1,188,052) -61.20 887,328 134,230 17.82 EDA 282,744 0.00 300,000 17,256 6.10 310,000 10,000 3.33 12,367,416$ 9.03 %13,137,587$ 770,171$ 6.23 %13,938,323$ 800,736$ 6.10 % % Increase from prior year 6.2 Amount Percent Levy increase Amount Percent Levy increase Operations 649,072$ 4.81%Lost Revenue 305,948$ 2.27% Capital 173,843 1.29%Wage/benefits increase 338,301 2.51% EDA 17,256 0.13%Inflationery increases 17,069 0.13% Police additions 42,100 0.31% Total Levy Increase 840,171$ 6.23%West Metro 58,250 0.43% Election decrease (112,596) -0.83% Capital increases 173,843 1.29% EDA 17,256 0.13% Total Levy Increase 840,171$ 6.23% Summary Detail 6.2 2019 2020 2021 2022 Actual Budget Proposed Proposed REVENUES Property taxes - operations 9,743,618$ 10,289,022$ 10,768,994$ 11,378,421$ Special assessments and other 52,000 52,000 Property taxes - Internal allocations 1,362,495 1,409,574 Licenses and permits 835,711 853,810 896,860 850,960 Intergovernmental revenues 1,907,764 1,787,339 1,777,489 1,777,489 Charges for services 811,940 891,402 846,711 863,853 Fines & forfeits 287,985 307,000 275,000 275,000 Investment income 116,464 94,512 125,000 125,000 Miscellaneous 69,675 82,683 68,000 68,000 TOTAL REVENUES 13,773,157 14,305,768 16,172,549 16,800,297 6.2 2020 2021 2020 to 2021 2020 to 2021 2020 to 2021 2020 to 2021 Increase % Increase Increase w/o % w/o IFS Budget Proposed (Decrease) (Decrease)ISF Allocation Allocation EXPENDITURES General government 2,124,193$ 2,267,228$ 143,035$ 6.73% 64,973$ 3.06% Public safety 7,672,996 8,417,237 744,241 8.84% 200,054 2.61% Community Development 687,370 707,745 20,375 2.96% (6,772) -0.99% Public works 2,562,263 3,071,311 509,048 16.57% 36,848 1.44% Recreation 1,733,204 2,188,530 455,326 20.81% 75,192 4.34% Interfund services transfer in 474,258 479,502 5,244 1.11%5,244 1.11% TOTAL EXPENDITURES 14,780,026$ 16,652,051$ 1,872,025$ 11.24% 370,294$ 2.51% 6.2 2019 2020 Adopted 2021 Proposed Actual Budget Budget Budget Revenue Property Taxes and Special Assessments 281,635$ 288,399$ 300,000$ 310,000$ Charges for Services - - - - Miscellaneous 2,000 28,000 - - Interest Income 93,375 12,000 10,000 8,000 Total Revenue 377,010$ 328,399$ 310,000$ 318,000$ Expenditures Personnel services 263,188$ 316,203$ 297,580$ 308,214$ Professional Services 15,370 41,000 20,000 20,000 Contractual Services 56,075 49,200 10,000 10,000 Internal Service Fund Charges - - 4,568 5,186 Printing 244 500 500 500 Miscellaneous 102,632 4,400 39,150 40,950 Transfer out 1,150,000 - - - Prior period adjustment 295,000 - - - Total Expenditures 1,882,509$ 411,303$ 371,798$ 384,850$ Net Revenue Over (Under) Appropriations (1,505,499)$ (82,904)$ (61,798)$ (66,850)$ Fund balance, January 1 5,436,833$ 3,931,334$ 3,848,430$ 3,786,632$ Fund balance, December 31 3,931,334$ 3,848,430$ 3,786,632$ 3,719,782$ 2022 Proposed 6.2 Total General Fund Increase over 2020 579,072$ Non-tax Revenue increases (decreases)Expenditure increases (decreases) Special assessments (18,500)$ Wages and benefits 338,301$ Delinquent property taxes and interest (28,000) Police K-9 overtime 7,100 Charges for services (47,192) Assessing contract 26,000 Licenses and permits (66,950) Finance professional services 10,000 (4,650) 9,475 School resource officer (33,000) Police mental health 35,000 Fines and forfeits (32,000) Elections (112,596) SAC charges (25,000) Streets - salt (7,000) Antenna charges 17,000 Miscellaneous reductions (21,406) City provided services to others (10,500) West Metro Fire District 58,250 Interest earnings 30,488 Total Expenditure increases (decreases)343,124$ Recreation (16,385) Miscellaneous modifications (6,503) Total General Fund Increase over 2020 579,072$ Transfers 5,244 Total Non-tax Revenue increases (decreases)(235,948) Intergovernmental revenue (bulletproof vests and post-board reimb) Human resources - professional services and service contracts 6.2 September 1 Council to consider preliminary budget and levies October 6 Public input presentation December 1 Council to consider final budget and levies 6.2 6.2 RESOLUTION NO. 2020 -______ RESOLUTION APPROVING 2021 PROPOSED GENERAL FUND BUDGET, 2021 PRELIMINARY PROPERTY TAX LEVY, SET PUBLIC INPUT DATE FOR THE 2021 BUDGET AND PRELIMINARY PROPERTY TAX LEVY WHEREAS, the City of Crystal is required by Section 7.05 of the City of Crystal Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, Minnesota Statues require approval of a preliminary property tax levy and preliminary budget on or before September 30th of each year; and WHEREAS, the City Council has received the proposed budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Crystal that the Preliminary General Fund 2021 budget shall be as follows: 2021 - 2022 BUDGET - GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES & CHANGES IN FUND BALANCE 2021 2022 Budget Budget REVENUES Property taxes 12,183,489$ 12,839,995$ Licenses and permits 896,860 850,960 Intergovernmental revenues 1,777,489 1,777,489 Charges for services 846,711 863,853 Fines & forfeits 275,000 275,000 Investment income 125,000 125,000 Miscellaneous 68,000 68,000 TOTAL REVENUES 16,172,549 16,800,297 EXPENDITURES General Government 2,267,228$ 2,329,399$ Public safety 8,417,237 8,806,887 Community Development 707,745 737,197 Public works 3,071,311 3,177,913 Recreation 2,188,530 2,254,086 TOTAL EXPENDITURES 16,652,051$ 17,305,482$ OTHER FINANCING SOURCES (USES) Other - interfund services transfers in 479,502$ 505,185$ Other - transfer in - - TOTAL OTHER FINANCING SOURCES (USE 479,502$ 505,185$ NET CHANGE IN FUND BALANCES -$ 0$ FUND BALANCE, JANUARY 1 6,781,404 6,781,404 FUND BALANCE, DECEMBER 31 6,781,404$ 6,781,404$ 6.2 BE IT FURTHER RESOLVED that the City Council of the City of Crystal, Hennepin County, Minnesota, that the following sums of money be levied for collection in 2021 upon the taxable property within the City of Crystal for the following purposes: 2021 Proposed General Fund tax levy 12,084,489$ Capital improvements 753,098 Subtotal 12,837,587 * EDA Levy 300,000 Total Levy 13,137,587$ *Levy cannot exceed .0185% of estimated market value of all property located within the City of Crystal. And BE IT FURTHER RESOLVED that the Truth in Taxation Public Input meeting will be held on December 1, 2020 and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to transmit this information to the County Auditor of Hennepin County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. BE IT FURTHER RESOLVED that the property tax levy for the General Obligation Improvement Bonds Series 2015A are cancelled since there will be sufficient special assessment revenue to make the debt service payments. Adopted by the Crystal City Council this 1st day of September 2020. Jim Adams, Mayor Attest: Chrissy Serres, City Clerk 6.2 RESOLUTION NO. 2020-______ RESOLUTION APPROVING 2021 PROPOSED ECONOMIC DEVELOPMENT AUTHORITY PROPERTY TAX LEVY WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”), the City Council of the City of Crystal created the City of Crystal Economic Development Authority (the “Authority”); and WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the City to be expended for the purposed authorized by the EDA Act; and WHEREAS, such levy may be in an amount not to exceed .0185 percent of estimated market value of the City; and WHEREAS, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the City in the amount of $300,000; and WHEREAS, based upon such budgets the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; NOW THEREFORE BE IT RESOLVED by the City of Crystal City Council: 1. That approval is hereby given for the Authority to levy, for taxes payable in 2021, such tax upon the taxable property of the City as the Authority may determine, subject to the limitations contained in the EDA Act. Adopted by the Crystal City Council on September 1, 2020. Jim Adams, Mayor Attest: Chrissy Serres, City Clerk 6.2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov DATE: September 1, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: Authorize professional services for 2021 Utility Reconstruction Project Summary Staff has received a proposal from Short Elliott Hendrickson, Inc. (SEH) for professional services associated with the 2021 Utility Reconstruction project, dated August 20, 2020. The professional services will include everything from surveying and design through bidding and construction services which will include a field project representative on site during the entire project. The proposal includes a not to exceed cost of $202,462. Staff has reviewed the proposal from Short Elliot Hendrickson, Inc. (SEH) and found it to be accurate and in order with previous work they have provided during the street reconstruction program. Attachment •Professional services agreement dated August 20, 2020, from SEH, Inc. for professional services for the 2021 Utility Reconstruction project. Recommended Action Motion authorizing the Professional Services Agreement with SEH, Inc. for services related to the 2021 Utility Reconstruction project 6.3 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is 100% employee-owned | sehinc.com | 952.912.2600 | 800.734.6757 | 888.908.8166 fax Supplemental Letter of Agreement to Agreement for Professional Services Dated January 15, 2019 August 20, 2020 RE: Crystal, MN 2021 Utility Reconstruction – Proposal for Design, Bidding and Construction Phase Services SEH No. CRYST 156647 10.00 Mark Ray, PE Director of Public Works / City Engineer City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Dear Mark: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit our Supplemental Letter Agreement (SLA) for the 2021 Utility Reconstruction project. If accepted, this SLA describes how we will provide design, bidding and construction phase services for a not-to-exceed fee of $202,462.00. This amount is detailed in the attached Task Hour Budget (THB) and includes our reimbursable expenses. We will bill the City monthly for reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our Agreement for Professional Services dated January 15, 2019 (Agreement). During the course of the construction phase, we will bill the City monthly for services, expenses, and equipment. This financial arrangement is based on the orderly and continuous progress of the project. If the contractor fails to complete work by the specified date, and/or the scope of work is changed, SEH will invoice our services an additional amount on an hourly basis plus expenses in accordance with previously agreed upon rates. Based on the feasibility study recently completed by SEH, one (1) street segment was identified for utility and street reconstruction: Idaho Avenue between 30th Avenue and 27th Avenue. The City later requested that the segment of Louisiana Avenue from 36th Avenue to Markwood Drive be added for reconstruction as well. We will start our services promptly after receipt of your authorization of this Agreement. We anticipate conducting our work to match the following approximate production schedule. Item Milestone Date Authorization to Proceed September 2, 2020 Neighborhood Open House No. 1 October 2020 Neighborhood Open House No. 2 December 2020 Final Bid Documents Complete January 2021 6.3 Mark Ray, PE August 20, 2020 Page 2 Item Milestone Date Bid Opening February 2021 Begin Construction May 2021 This Supplemental Letter Agreement and the Agreement represent the entire understanding between you and us in respect to the project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return it to us. Thank you for our continued working relationship with the City. Please contact me at 952.912.2629 or wbauer@sehinc.com with questions regarding this proposal. Sincerely, SHORT ELLIOTT HENDRICKSON INC. William Bauer, PE (Lic. MN, IA, SD) Toby Muse, PE (Lic. MN) Project Manager Client Service Manager City of Crystal, Minnesota Accepted this _____ day of _________________, 2020 By: _____________________________ Title: _____________________________ By: _____________________________ Title: _____________________________ Enclosures x:\ae\c\cryst\156647\1-genl\10-setup-cont\03-proposal\2021 street reconstruction proposal 08 20 20.docx 6.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses Total1.1242844145122526122N/A22$439.93 $888.11$1,057.64$218.42$2,604.111.22101022101022010N/A32$176.27$2,244.69 $1,003.28$3,424.24261420102N/A54$439.93 $888.11$1,233.92$2,244.69 $1,003.28 $218.42 $777.60 $6,805.942.112312124422318N/A21$444.06$1,586.47$2,030.522.2122521471124441898844216320N/A41$439.93 $2,368.30$567.28 $2,328.48$5,703.99Reduce survey data into basemap (Create CAD BA file)Add Existing Public/Private Utilities to Base MapSubtotal HoursIdentify Stormwater Treatment Requirements Evaluate Existing Storm Sewer CapacitySubtotal HoursSubtotal FeesPreliminary Stormwater InvestigationTask Hours SummaryTask Fee SummaryTask #2 - Preliminary Design / Design DevelopmentBase Map PreparationCollect Mapping Determine Drainage System Layout (1) (2)Review Base Map - QA/ACOne Initial Meeting with Watershed DistrictReview Geotechnical Data and Evaluate Existing Soils Task #1 - Data Collection and Project InitiationSurvey Existing Utilities - Post Field LocatesComplete Louisiana Ave topographic surveyProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSubtotal FeesData Collection and Kickoff MeetingTopographic SurveySubtotal HoursSubtotal FeesSubtotal HoursProject Kickoff MeetingExisting Conditions Photos & VideoCollect & Review Existing Mapping Data/As-BuiltsGopher State One Call Design Locate & Utility Coordination MeetingSEH Project: CRYST Date: August 20, 2020Billing TitleConduct structural condition assessment of Bassett Creek culvert from east outlet to manhole behind west curb line (approx. 70')Prepare condition assessment memorandum (13)Subtotal FeesPage 1 of 76.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses TotalProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSEH Project: CRYST Date: August 20, 2020Billing Title2.312314526812181212520N/A 28$219.96 $296.04 $971.15 $3,117.87$4,605.022.428101231168210121231225167126922451442N/A 61$1,099.82 $2,072.26 $3,701.75$6,873.8483552032060N/A 151$1,759.72 $5,180.65 $971.15 $3,117.87 $567.28 $2,328.48 $5,288.22 $500.70 $19,714.063.1666622 22822 214N/A 20$439.93 $296.04 $378.19 $1,629.94$2,744.093.21113210124488246221529N/A 35$219.96 $740.09 $2,555.97$3,516.03Subtotal HoursSubtotal FeesEstablish Road AlignmentsGeotechnical Recommendation Memorandum - Pavement DesignEvaluate Pavement SectionSubgrade AnalysisEstablish Typical SectionsTask Hours SummaryTask Fee SummaryGeotechnical EngineeringDevelop site stratigraphy/soil parametersPreliminary Design Review Meeting with Client (9)Establish Utility Replacement Extent and AlignmentsDevelop Preliminary OPCDetermine Project QuantitiesReview Construction Phasing, Sequencing, CoordinationIdentify Utility ConflictsDrainage System DesignDetermine Final Typical SectionsCreate existing/proposed pipe networks (12)Establish Vertical Alignments and Plan & Profile SheetsPermanent stormwater BMP design Geometric Design DetailsADA Compliance Design (5)Task #3 - Final Design / Design DevelopmentSubtotal HoursSubtotal FeesStreet and Utility DesignSetup Civil3D modelsRefine Profiles for Design Criteria and Tie-insDrainage Report/Agency submittals Establish Road Geometrics (4)Preliminary Design Layout (6)Subtotal HoursSubtotal FeesSubtotal HoursSubtotal FeesPage 2 of 76.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses TotalProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSEH Project: CRYST Date: August 20, 2020Billing Title3.311226622444411222266662101210108210244102462288242833448412164486 21 2 14 94N/A 137$1,319.79 $3,108.39 $378.19 $1,629.94 $8,284.88$14,721.183.4441232244411221368146 128174264 20 2 1 2 16 12 N/A 57$879.86 $2,960.37 $311.79 $189.09 $232.85 $1,410.19 $1,310.53 $7,294.6813 48 2 5 30 139 12 N/A 249$2,859.54 $7,104.89 $311.79 $945.47 $3,492.72 $12,251.04 $1,310.53 $810.60 $29,086.58Quality control reviewGeneral NotesTabulationsConstruction detailsWater, Sanitary Sewer, and Storm Sewer PlansStorm Water Pollution Prevention Plan (SWPPP)Stormwater BMP and DetailsStatement of Estimated Quantities, Notes, Standard PlatesTypical SectionsSequence of Operations/PhasingAlignment Tabulation and Survey ControlExisting Conditions/Removals (8)Site Grading Plan (3)Plan and Profile SheetsTechnical specificationsConstructability ReviewProject site walkthrough plan reviewFinal Project Cost Estimate (OPC)Geotechnical dataContract formsConditions of the contractSupplementary conditionsSpecial provisions90% and 100% Plan and Estimate Review with ClientTask Fee SummaryTask Hours SummarySubtotal FeesSubtotal HoursGeneral LayoutConstruction Plans and Cost EstimateErosion Control and restoration planTraffic ControlCross Sections (7)Quality control reviewBidding requirementsTitle SheetFront end documentsSubtotal HoursSubtotal FeesProject Manual / Contract DocumentsPage 3 of 76.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses TotalProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSEH Project: CRYST Date: August 20, 2020Billing Title4.114511010425661244224164N/A46$439.93 $3,552.44$1,410.19$436.84$5,839.414.22104218412166221062864N/A44$1,319.79 $4,144.52$528.82$436.84$6,429.97852228N/A90$1,759.72 $7,696.96$1,939.01$873.68 $301.80 $12,571.185.11458421422424622215410N/A31$439.93 $2,220.28$352.55$1,092.11$4,104.865.213101433221457314N/A24$1,036.13$567.28 $1,629.94$3,233.35222314410N/A 55$439.93 $3,256.41$567.28 $1,629.94 $352.55$1,092.11 $165.00 $7,503.21Prepare notice to proceed letterTask Fee SummarySubtotal FeesPublic Informational MeetingSubtotal HoursMPCA Sewer Mod/Add/Extension Permit (11)MSA Approval (not MSA routes)County PermitNPDES PermitDepartment of HealthSubtotal FeesTask Hours SummaryRespond to bid questions & prepare addendaTask #4 - Public EngagementSocial Media InformationPublic Information MaterialsReview Property Owner Survey DataPrepare Project Mailer Materials - two (2) meetingsWebsite Information Materials and MapSubtotal HoursSubtotal FeesPrepare Meeting Materials and Notices - two (2) meetingsPublic Informational Meeting - two meetings (10)BiddingPrepare ad for bid & electronic bid docsTask Hours SummaryTask Fee SummaryTask #5 - Permits and BiddingPrepare tabulation of bid and award recommendation letterAttend bid openingSummarize Public Input and FindingsSubtotal HoursProject PermittingWatershed District Permit(s)Subtotal HoursSubtotal FeesWetland Permit (11)Page 4 of 76.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses TotalProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSEH Project: CRYST Date: August 20, 2020Billing Title6.1262102810444428810 N/A 28$439.93 $1,184.15 $705.10 $1,134.95$3,464.126.285260883030121426121268148 10834 N/A 150$1,759.72 $15,986.00$3,858.81 $21,604.536.34444844844866126612661211010211661311010211661321010222241111 74 74 N/A 159$1,248.44 $8,305.35 $7,424.24 $16,978.03Materials testing coordinationPay applicationsWeekly construction meetings - 12 weeksTask #6 - Construction ServicesConstruction Limits & Silt FenceStake Right of Way and EasementsConstruction StakingSubtotal HoursCreate application for payment formsCreate field quantity bookReview shop drawingsPreconstruction ActivitiesPreconstruction meeting agenda, attendance, minutesWater MainPedestrian RampsSubtotal HoursSubtotal FeesSubtotal FeesSubtotal HoursCreate stakeout file / point filesStake removalsStorm SewerNewsletter updatesSubtotal FeesConstruction AdministrationProject managementEngineering SupportSanitary SewerSigns & StripingLighting & ElectricRoadway AlignmentGrading & PondsRoadway SubgradeAggregate baseConcrete pavementCurb and gutterWalksPage 5 of 76.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses TotalProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSEH Project: CRYST Date: August 20, 2020Billing Title6.4212540554212540 N/A 554$439.93 $1,776.22$61,287.03$63,503.186.543441538113123108363831443724642642220271084N/A95$879.86 $3,256.41$1,762.74 $3,064.35 $1,122.35 $802.62 $436.84$11,325.16161502862284824N/A986$3,519.43 $22,202.78$2,467.84 $70,593.58 $9,427.70 $8,226.86 $436.84 $9,906.02 $126,781.04261420102N/A54$439.93 $888.11$1,233.92$2,244.69 $1,003.28 $218.42 $777.60 $6,805.9483552032060N/A151$1,759.72 $5,180.65 $971.15 $3,117.87 $567.28 $2,328.48 $5,288.22$500.70 $19,714.061348253013912N/A2492,860 7,105312945 3,493 12,2511,311 $810.60 $29,086.58852228N/A90$1,759.72 $7,696.96$1,939.01$873.68 $301.80 $12,571.18222314410N/A55$439.93 $3,256.41$567.28 $1,629.94 $352.55$1,092.11 $165.00 $7,503.21161502862284824N/A986$3,519.43 $22,202.78$2,467.84 $70,593.58 $9,427.70 $8,226.86 $436.84 $9,906.02 $126,781.04Final application for payment & contractor closeout letterSubtotal HoursSubtotal FeesSubtotal HoursSubtotal FeesProject CloseoutCreate agency closeout submittalTask Hours SummaryTask Fee SummaryTask Fee SummaryTask #4 - Public EngagementTask #2 - Preliminary Design / Design DevelopmentTask Hours SummaryTask #5 - Permits and BiddingTask Hours SummaryTask Fee SummaryTask #3 - Final Design / Design DevelopmentTask Hours SummaryTask Fee SummaryTask Hours SummaryTask Fee SummaryTask #6 - Construction ServicesTask Hours SummaryTask Fee SummaryConstruction ObservationConstruction observation - Grad Eng for 12 weeks at 45 hours per weekTask #1 - Data Collection and Project InitiationAs built survey & structuresComplete as built drawingsSite closeout walkthrough & develop punch listPunch list coordination1 year warranty walkthrough and follow upTask Hours SummaryTask Fee SummaryPage 6 of 76.3 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew Chief Survey Tech Admin Tech Expenses TotalProject Name: 2021 Utility Reconstruction (130-Idaho Ave & Louisiana Ave from 36th Ave to Markwood Lane)Client: City of Crystal, MNSEH Project: CRYST Date: August 20, 2020Billing Title4931352211642676221049236N/A1,585$10,778.26 $46,329.79 $971.15 $3,429.66 $2,080.04 $7,451.14 $23,532.58 $70,593.58 $11,672.39 $9,230.13 $3,931.58 $12,461.72 $202,462.00Notes:(1)This proposal assumes the project area contains no wetlands or contaminated soil material.(2)Assumes minimal stormwater BMPs or off-site improvements will be required to comply with Watershed District requirements(3)Establish grading limits of proposed improvements. Assumes vertical alignment of roadway will generally match existing grades.(4)Includes design for segments of Idaho Ave and Louisiana Ave with minimal improvements within the ROW for 27th Avenue/Medicine Lake Rd, 29th Avenue, 30th Ave, and 36th Avenue.(5)ADA compliance review applies to sidewalk curb ramps at Louisiana/36th and Idaho/Medicine Lake intersections(6)Preliminary plans include title sheet, location map, typical sections, details, plan and profile sheets of roads, water main, sanitary sewer, storm sewer and draft cross section sheets.(7)Retaining wall design is not included with this proposal. We can provide this additional service, if necessary, once locations of retaining walls are known.(8)(9)Assumes comments received during review meeting does not entail a significant redesign of road and utilities. (10)(11)(12)(13)Assumes existing storm sewer will be replaced in kind with minor changes. No storm sewer capacity or inlet spacing analysis proposed.Assumes permit will not be requiredLighting design is not included in this proposal. We can provide this additional service if requested.Assumes this project will not include MS 429 Special Assessments.Project Hours SummaryProject Fee SummaryProject Summary Tasks #1-6Condition assessment findings and recommendations will be summarized in the memorandum. If City wishes to pursue rehabilitation, SEH will provide scope of services and proposed fee prior to commencing final design.Page 7 of 76.3 RESOLUTION NO. 2020- ___ AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE 2021 UTILITY RECONSTRUCTION PROJECT WHEREAS, the maintaining and reconstructing City infrastructure is an essential service in the City of Crystal; and WHEREAS, SEH, Inc. provided professional services for the entire Street Reconstruction Program which lasted over 20 years; and WHEREAS, the City has developed a long term plan for reconstruction of the City’s water, sanitary sewer, and storm water infrastructure; and WHEREAS, SEH, Inc. has completed the feasibility study for this area; and WHEREAS, the equipment and staffing required for the design of such projects is beyond the in-house capability of the City; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the agreement for professional services with SEH, Inc. for the 2021 Utility Reconstruction project. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign such contract. Adopted by the Crystal City Council this 1st day of September, 2020. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: August 26, 2020 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: North Lions Park Concrete Hockey Rink The 2020 capital budget includes funds for improvements at North Lions Park. The project includes installation of a hockey rink with lighting and concrete surface; as well as minor improvements to the building. The budget for the project is: City Capital Funds $ 143,000 Hennepin Youth Sports Grant $ 50,000 Community Development Block Grant $ 57,429 Total $ 250,429 Previous purchases for this project include dasher boards and light fixtures for $ 70,861. Quotes have been received from two contractors to furnish and install a concrete hockey rink and related sidewalks. Quotes are as follows: •Ultra Concrete $ 121,630 •Custom Builders $ 142,576 Staff recommends approval of the attached resolution to enter into an agreement with Ultra Concrete to furnish and install a concrete hockey rink and sidewalks at North Lions Park in the amount of $121,630. 6.4 CITY OF CRYSTAL RESOLUTION 2020 - RESOLUTION IN SUPPORT OF HIRING A CONTRACTOR TO BUILD A CONCRETE HOCKEY RINK AND SIDEWALKS IN NORTH LIONS PARK WHEREAS, the City of Crystal owns and operates North Lions Park, and WHEREAS, the 2020 capital budget includes funds to build a new hockey rink and make related improvements in North Lions Park, and WHEREAS, additional funding for this project is being provided through a Hennepin County Youth Sports Grant and a Community Development Block Grant (CDBG), and WHEREAS, quotes have been received from two contractors to install a concrete hockey rink and sidewalks according to specifications, and WHEREAS, the lowest quote was received from Ultra Concrete in the amount of $121,630; THEREFORE, BE IT RESOLVED: A. That the Crystal City Council authorizes an agreement with Ultra Concrete in the amount of $121,630, to install a concrete hockey rink and sidewalks at North Lions Park. B. That the Crystal City Council further authorizes the City Manager to sign the agreements with Ultra Concrete for this project. Adopted by the Crystal City Council this 1st day of September, 2020. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 6.4 C-1 CONCRETE INSTALLATION AGREEMENT THIS CONCRETE INSTALLATION AGREEMENT (“Agreement”) is made and entered into this 1st day of September, 2020, by and between the City of Crystal, a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and Ultra Concrete, a Minnesota company located at P.O. Box 237, Cokato, MN 55321 (“Contractor”). TERMS AND CONDITIONS 1. Scope of Work. a. The Contractor, for and in consideration of the payment or payments herein specified and to be made by the City, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary in the installation of certain concrete work (hereinafter the “Project”), all in strict conformity with the Contractor’s bid and scope of work contained in and attached hereto as Attachment A (all work, materials and equipment set forth in this paragraph and contained in Attachment A is hereinafter collectively referred to as the “Specifications”). Said Specifications are hereby fully incorporated as part of this Agreement. b. The Contractor also agrees that all work and labor shall be done in the best and most diligent manner and that all materials and labor shall be in entire and strict conformity in every respect with the said Specifications and shall be subject to the inspection and approval by the proper authorities of the City for the supervision of the work, and in case any of said material or labor shall be rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Contractor. c. The Contractor further agrees to make good, replace, and renew at the Contractor’s own cost and expense any loss or damage to the work and Project occurring during the installation or prior to the final acceptance thereof by the City, by reason of fire, tornado, theft, or any cause whatsoever, and to be wholly responsible for the installation, completion and delivery of the Project in its entirety for the final acceptance by the City; and any payment or payments made to the Contractor hereunder, shall not be construed as operating to relieve the Contractor from responsibility for the construction and delivery of the Project as provided and agreed through this Agreement. 2. Schedule; Liquidated Damages. a. The Contractor agrees to commence the work at the earliest practicable date and to prosecute the same diligently and without delay and to have the work entirely completed in every respect to the satisfaction and approval of the City on or before November 2, 2020. In case of the failure on the part of the Contractor, for any reason except with the written consent of the council of the City, to complete the work on or before said date, the City shall have the right to deduct from any money due or which may become due to the Contractor, the amount of two hundred dollars ($200.00) per day for each and every day elapsing between the time stipulated for the completion and the actual date of completion, in accordance with the terms thereof; or if no moneys shall be due the Contractor, the City shall have the right to recover such sum; such deduction to be made or such sum to be recovered not as a penalty, but as liquidated damages. The Contractor agrees 6.4 C-2 that it will be difficult for the City to determine the amount of all damages that the City would incur as a result of delay and that the liquidated damages set forth in this paragraph are reasonable. b. The Contractor agrees to notify the City in writing of any and all causes of delay of such work or any part thereof, within 24 hours after such cause of delay shall arise, and in case of the failure of the Contractor to perform this Agreement and complete the work at the time hereinafter specified, the City may immediately, or at any time thereafter, proceed to complete the work at the cost and expense of the Contractor. Upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work, including without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public authorities, or delays or defaults caused by public carriers, the City shall reasonably extend the date previously specified for the completion of the work and in such case the Contractor shall only become liable for such liquidated damages for failure to perform during any delay after the time is so extended. 3. Compensation. a. The City agrees to pay the Contractor the sum identified in the Contractor’s bid, which is attached hereto as Attachment A. If the Contractor properly performs the work, the City shall, from month to month before completion of the work and pursuant to invoices from the Contractor, pay the Contractor up to 95 percent of the amount already earned under the Agreement. When the work is 95 percent or more completed, upon the sole determination of City staff, such portions of the retained price shall be released only as the City determines it need not be retained to protect the interest of the City in the satisfactory completion of the Agreement. The balance shall be retained by the City until the final performance and completion of this Agreement by the Contractor to the satisfaction, approval, and acceptance of the City including provision by the Contractor of Minn. Dept. of Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with applicable state laws. b. No claim for extra work done or materials furnished by the Contractor will be made by the Contractor or allowed by the City, nor shall the Contractor do any work or furnish any materials not covered by the Specifications, unless such work or materials is ordered in writing by the City. Any such work or materials which may be done or furnished by the Contractor without such written order first being given, shall be at the Contractor's own risk and expense. 4. Wage Standards. The Contractor further agrees to pay all laborers employed, and all subcontractors furnishing material to the Contractor in and about the performance of this Agreement, and for all labor and material by them so performed and furnished. The parties agree that the Davis-Bacon Wage Determination MN20200031, Modification #0, dated 07/03/2020 of the heavy type, as provided by Hennepin County and attached hereto as Attachment B, along with the Federal Labor Standards Provisions HUD-4010, attached hereto as Attachment C, shall be considered part of this Agreement. 6.4 C-3 5. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for the performance of any work under this Agreement or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion, discriminate against any person or persons who are qualified and available to perform the work to which such employment relates; that neither the Contractor nor any subcontractor, material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent the employment of any such person or persons from the performance of work under this Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. The Federal Equal Employment Opportunity Information Packet provides additional details and is attached hereto as Attachment D. 6. Insurance. The Contractor shall maintain commercial general liability coverage for all work covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for combined bodily injury and property damage, and $2,000,000 in the general aggregate, and commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence for combined bodily injury and property damage covering owned, non-owned, and hired automobiles. The Contractor shall provide the City with a current certificate of insurance listing the City as an additional insured with respect to the aforementioned policies. To meet the requirements herein, the Contractor may use a combination of excess and umbrella coverage. The Contractor also agrees to keep in force during the entire term of this Agreement statutory workers’ compensation insurance. 7. Bonds. The Contractor agrees to make, execute and deliver to the City separate performance and payment bonds executed by a surety company authorized to do business in the state of Minnesota in the sum of no less than $121,630 for the use of the City and of all persons doing work or furnishing skill, tools, machinery, materials, or insurance premiums under or for the purpose of this Agreement, to secure the faithful performance of this Agreement by the Contractor and to be conditioned as required by Minn. Stat. § 574.26, et. seq. All bonds shall be furnished by the Contractor in a form and with a surety satisfactory to the City attorney. 8. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives harmless from and indemnified against any and all loss, costs, fines, charges, damage and expenses, including, without limitation, reasonable attorneys’ fees, consultants’ and expert witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) only to the extent caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including, without limitation, any claims for any lien imposed by law for services, labor or materials, or (iii) by reason of the execution of this Agreement or the performance of this Agreement. The Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative or professional assistance. The Contractor further agrees to indemnify the City and hold it harmless from and against any and all claims, suits, and actions against, and all loss, damage, costs, or expense to the City 6.4 C-4 occasioned by or arising from any infringement or claim of infringement of any letters patent, or patent rights upon or covering any patented article or articles furnished or installed by the Contractor under this Agreement for the City, of from or by reason of the use by the City of any patented article or articles furnished or installed by the Contractor for the City under this Agreement. The indemnity contained in this paragraph shall be continuing and shall survive the performance or cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation of or waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or otherwise. 9. Independent Contractor. The Contractor and its employees are not employees of the City. Nothing in the Agreement is intended or should be construed in any manner as creating or establishing the relationship as employer/employee, co-partners, or a joint venture between the City and the Contractor. It is agreed that the Contractor and its employees will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City. The manner in which the Project is to be performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the City. 10. Termination. The City may terminate this Agreement upon 30 days’ written notice, except that if the Contractor is in default and fails to cure the default within ten days following written notice by the City, the City has the right to terminate this Agreement immediately upon written notice of termination. The Contractor will be paid for services properly rendered prior to the effective date of termination. The following provisions of this Agreement shall survive expiration, termination, or cancellation of this Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit. 11. Amendments. Any amendment to this Agreement must be in writing and signed by both parties. 12. Assignment. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective without the prior written consent of the City. 13. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 14. No Personal Liability. No officer, agent or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 15. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed in the preamble to this Agreement, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section. 6.4 C-5 16. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any act by the City or the Contractor shall be deemed or construed by the Contractor or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Contractor. 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19. Compliance with Laws. The Contractor warrants that all work performed pursuant to this Agreement shall be in compliance with all federal, state and local laws, ordinances, regulations, rules, and standards. 20. Entire Agreement. This Agreement, any attachments and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Contractor, and supersedes any other written or oral agreements between and City and Contractor. 21. Severability. In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 22. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. 23. Data Practices. Any and all data created, collected, received, stored, used, maintained, or disseminated by the parties pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 24. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota Legislative Auditor, or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement for six years following termination of this Agreement. 6.4 C-6 IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY: CONTRACTOR: By: _____________________________ By: ___________________________ Jim Adams Its: Mayor By: ______________________________ Its: ___________________________ Anne Norris Its: City Manager 6.4 ±34' ±30' 12' 6' ±17' 6' ±19' ALIGN INSIDE EDGE OF WALK WITH CORNER OF EXISTING CONCRETE PAD VERIFY LOCATION WITH OWNER PRIOR TO INSTALLATION 4" THICK CONCRETE WALK R5.0' 87' (FROM OUTSIDE EDGE OF CONCRETE PAD) R28.0'(INSIDE EDGE OF BOARDS) 85' (FROM INSIDE EDGE OF BOARDS) 202' (FROM OUTSIDE EDGE OF CONCRETE PAD) 200' (FROM INSIDE EDGE OF BOARDS) 6" REINFORCED CONCRETE PAVEMENT REVISIONSNO.DATEDESCRIPTIONK:\016326-000\Cad\Plan\016326 - L-SITE-PLAN.dwg 7/28/2020 4:41:46 PMLEGEND: 4" THICK CONCRETE WALK SHEET L1NORTH LIONS PARK HOCKEY RINKCITY OF CRYSTAL, MINNESOTALAYOUT WSB PROJECT NO.: 016326-000 SCALE: PLAN BY: DESIGN BY: CHECK BY: AS SHOWN SF BS BS DATE:JULY 10, 2020 OVERALL LAYOUT PLAN1 L1 N SCALE IN FEET 0 10 20 6" REINFORCED CONCRETE PAVEMENT 6.4 6.5 6.5 6.5 6.5 6.5 6.5 6.5 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: August 28, 2020 City Council Work Session Agenda September 1, 2020 Immediately Following the City Council meeting Council Chambers/Zoom Meeting 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 ______ p.m. on September 1, 2020 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Banks ____ Therres ____ Budziszewski ____ McGann ____ Deshler ____ Sutter ____ Kiser ____ Ray ____ LaRoche ____ Serres ____ Parsons ____ Larson ____ Elholm ____ Revering II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Review ADA transition plan (sidewalks). 2. Update on West Broadway sidewalk gap project. 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. Memorandum DATE: September 1, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Draft ADA Transition Plan Summary The Federal Government, through the Americans with Disabilities Act (ADA), requires that all public entities with 50 or more people have a have a Transition Plan within six months of January 26, 1992. There is a renewed focus by the Federal Government on enforcing this requirement. As such, city staff have prepared a draft ADA Transition Plan for Council review. Schedule With the Council’s approval, it is proposed that the draft version of City’s ADA Transition Plan be posted for public comment for at least 30 days. The document will be available at City Hall and on the website. Once public comment has been received for 30 days, the final document would come back before the Council for approval. Integration with existing plans and procedures Operationally there is nothing really new being created by this document. The City has invested tens of thousands of dollars in just the last few years building new sidewalks (Phase 15 along Wilshire), maintaining existing sidewalks (trip hazard removal and panel replacement), upgrading pedestrian ramps (ADA ramp replacements), and improving signage (Welcome crossing at 36th). Consistent with the process for other issues, complaints and requests for sidewalk issues are done via the existing online portal for people to submit concerns to the City. Finally, the City’s Long Term Plan continues to include projects that relate to providing for a safe and accessible pedestrian network in the City and so the relevant sections of the Long Term Plan are included in the Appendix of the Transition Plan Attachment • Draft ADA Transition Plan Recommended Action No formal action is needed. Staff is just requesting direction from the Council on publishing the document for the public comment period. Accessibility, Design, Policy and Implementation Manual for Public Rights-of-Way City of Crystal, MN Page 2 City of Crystal Accessibility, Design, Policy and Implementation Manual For Public Rights-Of-Way Table of Contents Introduction .................................................................................................................................... 3 ADA and its Relationship to Other Laws ................................................................................... 3 Agency Requirements ................................................................................................................. 3 Accessibility Policy Development and Implementation Process............................................... 4 Physical Obstacles that Limit Accessibility .................................................................................... 4 Public Rights-of-Way Accessibility Opportunities ........................................................................ 5 City Project Implementation ......................................................................................................... 5 Accessibility Project Request Process ........................................................................................ 5 Accessibility Grievance Process .................................................................................................. 5 City Public Rights-of-Way ADA Compliance Statement .......................................................... 5 Design Guidelines ......................................................................................................................... 6 Resources ........................................................................................................................................ 6 Appendix A Definitions ................................................................................................................. 8 Appendix B When Are Accessibility Upgrades Required? ........................................................ 9 Appendix C Frequently Asked Questions ................................................................................. 11 Appendix D Accessibility Project Request Process and Accessibility Grievance Process ......... 15 Appendix E Long Term Plan relevant pages with Accessibility Projects .................................... 16 Page 3 Introduction The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. Miscellaneous Provisions Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation services and programs, City of Crystal must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132; 28 CFR. Sec. 35.130) As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, City of Crystal has conducted a self-evaluation of its facilities within public rights of way and has developed this Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. ADA and its Relationship to Other Laws Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. Agency Requirements Under Title II, City of Crystal must meet these general requirements:  Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150).  May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a).  Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). Page 4  May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d).  Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a).  Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)].  Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.8(a)].  Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. Accessibility Policy Development and Implementation Process 1. Finalize Accessibility, Design, Policy and Implementation Manual 2. Provide opportunity for public comment: A hard copy of this document will be available to the public online, at Crystal City Hall, or mailed upon request. The comment period will last for 30 days from the publishing of the notice of availability for comment. 3. Prioritize locations of needed improvements and sort them into two categories: a. Those that could be included with other planned projects b. Stand-alone improvements 4. Identify work items for different improvements 5. Long-range identification, inclusion, and updating of budget for needed projects a. Implementation of specific projects is noted in the City’s Long Term Plan (Capital improvement project list) which is updated at least every two years. Appendix E has the current relevant pages from the City’s Long Term Plan. 6. Monitor construction by county and private developers to coordinate projects where feasible Physical Obstacles that Limit Accessibility Throughout the City of Crystal there are a wide range of obstacles that limit accessibility on City sidewalks. These obstacles include, but are not limited to: 1. Concrete panels that have heaved or broken 2. Utility poles 3. Fire Hydrants 4. Metal castings for underground communication systems 5. Pedestrian ramps that do not meet current guidelines Page 5 6. Push buttons at traffic signals Public Rights-of-Way Accessibility Opportunities 1. Partnership between Public Works and Community Development Departments to inform developers and contractors of their responsibility to incorporate accessibility into their projects. 2. Monitor private projects to facilitate accessibility improvements to the extent feasible. 3. Coordinate with developments, remodeling, and construction projects, including state, and federal projects, to facilitate accessibility improvements to the extent feasible. 4. Proactively implement an access improvement plan using guidelines from the published materials to improve overall network accessibility with an emphasis on points of interest such as government facilities, transit stops, special population residences, healthcare facilities, and public spaces. City Project Implementation The City of Crystal will utilize two processes to implement accessibility projects. The first is the inclusion of accessibility components as part of scheduled utility reconstruction projects, street maintenance activities, or other larger projects. The second method is planned accessibility projects. These projects are under continual development and implementation. The City's Street Maintenance Fund is the fund used for accessibility projects and includes sidewalk and trail maintenance, trip hazard removals, and other accessibility improvements. The Street Maintenance Fund budget document is available for public viewing online and at Crystal City Hall. In addition to City-driven projects, the City will also monitor County projects in Crystal to identify opportunities to coordinate efforts to improve accessibility. The Director of Public Works/City Engineer is responsible for the development and implementation of the City’s capital improvement plan, which includes the accessibility projects. Accessibility Project Request Process The City of Crystal has established a sidewalk concern reporting process through the City’s website. Appendix D of this manual is a screenshot from that page. Accessibility Grievance Process The City of Crystal has established a grievance process for submitting to concerns about accessibility. The grievance form (Complaint Report/Referral form) is included as an Appendix D of this manual. City Public Rights-of-Way ADA Compliance Statement The standards of design which apply to construction work within the public right-of-way in Crystal shall be the 2010 Americans with Disabilities Act Standards for Accessible Design, its supplements, revisions, or more recent versions. The most current applicable regulations are Page 6 available online at http://www.ada.gov. Additional standards may apply when work is being conducted on County facilities . The Resources section of this document provides contact information for other agencies. Design Guidelines Development and implementation of design guidelines for accessibility will be an evolving process that may include many revisions and updates. The City of Crystal uses the Minnesota Department of Transportation’s Standard Plans for Pedestrian Ramps that is available online: https://www.dot.state.mn.us/ada/pdf/5-297-250.pdf These guidelines are subject to updates pending changes and recommendations by the United States Access Board and/or other regulatory agencies. Resources 28 CFR 35 http://www2.ed.gov/policy/rights/reg/ocr/28c r35.pdf Accessible Rights-of-Way: A Design Guide http://www.access-board.gov/prowac/guide/PROWGuide.htm Americans with Disabilities Act Accessibility Guidelines (ADAAG) http://www.access-board.gov/adaag/html/adaa.ghtm Architectural Barriers Act of 1968 (ABA) http://www.gpo.gov/fdsys/pkg/FR-2007-06-20/pdf/07 -2979.pdf Hennepin County Program Access and Transition Plan http://www.hennepin.us/ Minnesota Department of Transportation http://www.dot.state.mn.us/ada/ Public Rights of Way Access Advisory Committee (PROWAAC) http://www.access-board.gov/prowac/alterations/guide.htm Public Rights of Way Accessibility Guidelines (PROWAG) http://www.access-board.gov/prowac/ Section 504 of the Rehabilitation Act of 1973 http://www.access-board.gov/enforcement/rehab-act-text/intro .htm The Access Board http://www.access-board.gov/ The Americans with Disabilities Act (ADA) http://www.ada.gov/ Page 7 US Department of Transportation Department http://www.dot.gov/citizen_services/disability/disability.html Page 8 Appendix A Definitions Accessibility Coordinator The Director of Public Works, or designee, is the agent responsible for implementation of the identified improvements as well as responding to requests, questions, or other inquiries related to public rights-of-way. Detectable Warning Surfaces "A surface feature of truncated dome material built in or applied to the walking surface to advise of an upcoming change from pedestrian to vehicular way." Pedestrian Access Routes A pedestrian access route (PAR) is a continuous and unobstructed walkway within a pedestrian circulation route specifically designed for ADA accessible travel. Pedestrian access routes consist of the following components: • Walkways • Ramps • Curb ramps (excluding flared sides) and landings • Blended transitions • Crosswalks • Pedestrian overpasses and underpasses • Elevators • Platform lifts Program Access As required by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, public entities are obligated to not discriminate in the programs or services offered to the "general public." Parking, sidewalks, pedestrian crossings are a feature or amenity offered by the City of Crystal. It may be appropriate for Crystal to create a plan or special projects to improve or provide accessibility where no work is currently scheduled. Consideration in planning is to include location of government services, libraries, schools, specialized housing, health care providers, or other origins or destinations of significant volumes of pedestrian trips. Inclusion of members of the community to establish priorities is encouraged. Page 9 Appendix B When Are Accessibility Upgrades Required? The following is a list of typical construction and maintenance activities conducted on sidewalks, trails, and roads and the degree to which accessibility projects are required for each activity. Crack sealing - Not required Crosswalk installation – Required Example: Any new midblock or corner (intersection) crossing needs to be compliant. Concrete and pavement repair - Dependent on scope of work Example: Isolated, partial or full panel replacement does not trigger larger scale accessibility work. However, the repair should be consistent with accessibility guidelines such as slope and no lips over 0.5 inches when feasible. Larger concrete repair projects may trigger additional accessibility provisions. Concrete joint sealing - Not required Concrete surface planning/grinding - Not required Curb replacement - Dependent on scope of work Example: If the curb replacement is at an existing or proposed pedestrian ramp location, then it should meet ADA requirements. If the curb is not at a pedestrian crossing then standard curb (86-18, etc.) can be used. Mill and overlay – Dependent on scope of work Examples: If the mill and overlay project includes miscellaneous concrete work, then impacted ramps must be brought up to ADA standards. If the work scope does not include concrete work, then they do not. New construction - Required Examples: Curb cuts, sidewalks/trails, pedestrian crosswalks, traffic signal installation, pedestrian tunnels/overpasses, and new development. Pavement marking - Dependent on scope of work Examples: Any pedestrian-related pavement markings should be consistent with accessibility provisions, but do not trigger any additional accessibility projects. Pavement markings for vehicle traffic do not trigger any additional accessibility provisions. Pothole patching – Not required Reconstruction - Required Examples: Roadway widening, additional vehicle/bike lanes, horizontal/vertical alignment changes, bridge replacement, total road rehabilitation, installation of concrete curb and gutter, traffic signal replacement, sidewalk/trail replacement. Sealcoating - Not required Sidewalk panel replacement - Dependent on scope of work Example: Accessibility upgrades should be done to the extent feasible. If only one or two panels are being replaced, then there may be no opportunity to make changes. The higher the number of replacement sections, the better the opportunity to obtain consistency in corridor accessibility. Page 10 Sidewalk joint grinding - Not required Sidewalk panel bituminous patch - Dependent on scope of work Example: The larger the patch section, the better the opportunity to accommodate some provisions such as slope, cross-slope, and path consistency. Skin patching - Not required Utility patch - Dependent on scope of work Example: A utility patch in the street or boulevard would not trigger an accessibility project as the intended user is vehicle traffic, or no traffic. A utility patch along a trail, sidewalk, or other pedestrian route may require accessibility provisions. Generally speaking, the larger the patch area, the better the opportunity to meet accessibility requirements. Page 11 Appendix C Frequently Asked Questions Sidewalks Question: A project will be undertaken to connect a series of sidewalk segments near a school. Must the existing segments of sidewalk be modified if they do not meet width or cross slope provisions? Answer: Yes, to the maximum extent feasible within the scope of the project. Agencies are not required to expand a planned scope of work to include other items of accessibility. Question: A new sidewalk is being built along an existing road that contains driveway access points. Must those driveways be modified if their cross slope exceeds 2%? Answer: Yes, to the maximum extent feasible within the scope of the project. Question: A city is rebuilding a sidewalk along Main Street. The distance between the edge of the right-of-way and the existing road does not provide sufficient room for a 4-foot-wide pedestrian access route. Does the municipality have to acquire more right- of-way on private property or narrow the roadway to provide the necessary space? Answer: No, these guidelines do not require the municipality to obtain right-of-way or to narrow roadways. A municipality may decide to do either for other reasons (for instance, the roadway may be narrowed as a larger traffic calming effort or as part of a larger project in the roadway). Curb Ramps/ Blended Transitions Question: A multi-block length of roadway is being resurfaced. The corners have curb ramps that meet some, but not all, of the current specifications; for example, the cross slope may be too steep or the curb ramps do not have detectable warnings. Must the curb ramps be reconstructed as part of the resurfacing project? Answer: Yes, if it is technically feasible to provide complying features. The work should be done at the same time the resurfacing is .being done. Question: New curb ramps are being installed at an existing developed corner. New construction standards require the curb ramp to be within the crosswalk, but an existing underground utility vault is located where the ramp should be. Must the utility vault be moved? Answer: The scope of this project will determine the answer. If utilities are being moved for other reasons within the project limits, it may be possible Page 12 to alter or relocate the vault. If project construction will not involve the vault, it may be technically infeasible to locate the curb ramp optimally. It may be possible to widen the crosswalk markings to include the curb ramp. Question: What if the curb ramp can be placed over the vault, but the access cover would be located on the curb ramp? Answer: If the access cover must be located on the curb ramp, it should meet the surface requirements of the pedestrian access route. Question: One corner of an intersection is being altered by curb and gutter reconstruction and paired curb ramps are being installed as part of this project. The other three comers of the intersection are not being altered. Must curb ramps be provided at the unaltered comers as part of this work? Answer: No. The scope of the project requires curb ramps only at the altered corner. Question: Are concrete paver blocks for sidewalks acceptable for pedestrian access routes? Answer: Yes, but considerations should be made to ensure that the route is comfortably and safety traversable by wheelchairs and individuals with canes or other walk assisting devices. Question: Are expansion joints in sidewalks compliant with accessibility guidelines? Answer: It depends, as long as there is not a gap (where an expansion joint has worn away) that is wider than 0.5 inches the expansion joints are okay. Question: Where should a detectable warning device be used? Answer: Truncated domes are required at all street crossings and discouraged at all alley and driveway crossings. However, if the driveway access looks and operates like a street approach, truncated domes should be considered. Question: What is the minimum Mn/DOT width required for median refuge? Answer: Mn/DOT is using a minimum width of 6 feet (back of curb to back of curb) for pedestrian refuges. Question: When is edge protection required for sidewalk runs? Page 13 Answer: Edge protection is required whenever a handrail is required. A detectable edge is also required for sidewalks adjacent to roundabouts. Question: When ramps are being reconstructed, does the curb need to be removed or the ramp retrofitted to the curb? Answer: The curb should be removed so that the new ramp meets as many accessibility guidelines as feasible. Question: If the slope exceeds 5%, how far can the walk be built before requiring a landing? Answer: A landing is required for every 30 inches in rise for a sidewalk that is separated from a roadway. Question: What does features does a compliant ramp need? Answer: Generally speaking, a rap needs: a running slope less than or equal to 8.3%, meets MnDOT Spec. 2521.3, cross slope less than or equal to 2%, landing slope less than 2% in every direction, landing area at least 4 feet by 4 feet, landing location at the top of the ramp or at a change in the access route direction, truncated domes covering the entire curb opening, proper drainage, no vertical discontinuities greater than 0.25 inches. Signals Question: Curb ramps are being installed at a signalized intersection as part of a roadway improvement project. Existing pedestrian signals are pedestrian actuated but the pushbuttons are not accessible or placed in accessible locations. Must accessible pedestrian signals be installed at the existing pedestrian signals? Answer: If work on pedestrian pushbuttons is not planned as part of this project, there is no need to expand its scope to include APS. Question: The pedestrian signals in a corridor are being replaced with new combined count-down signals. Must APS be included in the new system? Answer: Yes. The installation of a new system is an alteration that requires compliance with the new construction guidelines to the maximum extent feasible. However, the addition of a new feature, such as a countdown face or larger display, to an existing installed system does not require that the scope of work be expanded to include other features. Question: Count-down signal displays are being added to the existing pedestrian signal heads at an intersection, but the software and signal controller are not being altered. Must APS be installed? Page 14 Answer: No, simply adding a display to the existing WALK/DON'T WALK signal would not involve the system changes needed to implement APS. Question: An intersection is being signalized and will include APS. The installation of stub poles on the existing sidewalks to mount the new ped buttons will not involve disturbing the roadway or sidewalk. Must curb ramps be installed if none existed? Answer: No. This is a project to install ped buttons; it is not an alteration to the sidewalk or street that would require the installation of curb ramps, as required by 28 CFR 35.151(e). Question: The pushbutton on an existing pedestrian signal is being replaced with a sturdier model. Must APS be installed? Answer: No, but the new pushbutton must meet applicable requirements (i.e., location, height, operable parts). Question: An intersection with sidewalks and pedestrian signals is being widened to include a right tum lane. Must APS be installed as a consequence of the widening project? Answer: No, installing APS is not within scope of the project. Any new pedestrian pushbuttons installed in the course of the work must meet applicable requirements. Note that this project is an alteration to the street and sidewalk and thus must provide compliant curb ramps. Accessibility during construction Question: What provisions for accessibility must be made during construction activities? Answer: When a pedestrian access route is disrupted, closed, or relocated during construction, maintenance work, or other temporary conditions, the alternative pedestrian access route shall include pedestrian ramps to maintain accessibility. See the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) for further guidance on the requirements for establishing an alternative pedestrian access route for temporary traffic control. See also the "Pedestrian Accessibility Considerations in Temporary Traffic Control Zones Check List" in the MN MUTCD. Page 15 Appendix D Accessibility Project Request Process and Accessibility Grievance Process All project requests and grievances can be submitted online through the City’s “Report an Issue” page. Page 16 Appendix E Long Term Plan relevant pages with Accessibility Projects Memorandum DATE: September 1, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Concept W. Broadway Sidewalk Summary Included in the Long Term Plan is $250,000 in 2022 for the construction of a sidewalk along W. Broadway Ave between roughly 58th and 60th where there are currently no off-street pedestrian facilities. The original intent of this project was to fund it using a cost-share with the County. With the COVID-19 impacts being significant and not fully known, Hennepin County has suspended a lot of their planning efforts and project funding until more is known about the financial impacts. City staff have been told not to plan on any of the past potential funding sources (for planning or construction) being available. Survey results In the fall of 2019, the City surveyed the 47 properties along the proposed sidewalk route. Of the 47 properties contacted, 14 responded (30%). For the fourteen that responded, 50% (7) supported a sidewalk along the route, although some of the support was for the sidewalk on the other side. Other factors Staff have walked the route multiple times and identified a number of issues including storm water drainage, some homes and/or garages being lower than the street, and utility pole conflicts. Based on this assessment, construction of a sidewalk will not be as straightforward as it might sound. Additionally, whenever W. Broadway is reconstructed (and there is no County plan for this at this time) it is very unlikely that any sidewalk or trail the City constructs would be able to remain as-is due to the issues noted. Most likely any existing sidewalk would be removed and replaced. Potential options At this point staff have identified two potential courses of action: 1) Proceed with hiring a consultant to complete a feasibility report for the sidewalk alignment. Based on the funding in the City budget and the feedback received, it is planned to only construct a sidewalk on one side of the road (to be determined). This report would then lead into the design efforts to stay on track with a 2022/2023 construction timeline currently. 2) Remove this project from further consideration at this time. At some future point when this project comes up for reconstruction, then the construction of off-street pedestrian facilities would be integrated into that project Requested Council Action No formal action is needed. Direction is requested in terms of next steps. AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  WORK SESSION  TUESDAY, SEPTEMBER 1, 2020 IMMEDIATELY FOLLOWING THE CITY COUNCIL WORK SESSION FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Discuss redevelopment example from Rosemount (The Morrison) 4. Update on Bass Lake Road business district technical assistance * 5. Adjournment * *Items for which no materials are included in the packet __________________________________________________________________________ FROM: John Sutter, Community Development Director TO: Anne Norris, EDA Executive Director (for Sep. 1 work session) DATE: August 27, 2020 SUBJECT: Discuss redevelopment example from Rosemount (The Morrison) __________________________________________________________________________ BACKGROUND AND PURPOSE OF DISCUSSION •Ron Clark Construction is developing The Morrison, a 124-unit market-rate apartment building in downtown Rosemount (aerial photos and three articles attached). •The Rosemount site contains 3 acres comprised of the 1962-built Rosemount Plaza shopping center (f.k.a. Ken Rose Shopping Center) together with Shenanigan’s Pub. •This project required $3.2 million in tax increment financing plus grants from other sources (Metropolitan Council and Dakota County). •The developer has approached Crystal staff about the potential for a similar scenario for the east block of the Bass Lake Road strip (63xx-64xx 56th Ave. N.) containing 1.5 acres. The Crystal scenario would involve construction of a 4-5 story building on top of a basement parking garage, resulting in approximately 110 market-rate units. •The Hennepin County Assessor’s 2020 estimated market value (EMV) for that block is $2,315,000. The owner of 80% of the buildings in that block had listed his holdings for sale at a price of $2,850,000 but was not able to sell at that price. (The 2020 EMV for his holdings is $1,763,000.) It was this for sale listing that caused the developer to be interested. •The main difference from the Rosemount project is the much higher occupancy, property value and base taxes of the existing commercial property in Crystal. •Without doing a detailed TIF analysis, staff opinion is that a comparable TIF would need to use the increment generated for the entire 26-year life of a redevelopment district. •Prior to exploring this scenario further, including having the developer create a detailed financial proforma and proceeding with a TIF analysis, staff would like the EDA to discuss the Rosemount example and provide feedback on the potential project in Crystal. ATTACHMENTS Three Finance & Commerce articles about The Morrison Aerial photos of the Rosemount site (The Morrison) 2018 aerial photo of the potential Crystal site EDA STAFF REPORT Redevelopment Example (The Morrison) Ron Clark Construction is planning a project that could bring up to 120 apartments to a site that includes this shopping center property at 14555 South Robert Trail in Rosemount. (Submitted photo: CoStar Group) Market-rate rentals pitched for Rosemount By: Brian Johnson October 15, 2019 3:47 pm Ron Clark Construction is in the early stages of planning for a project that would bring more housing diversity to Rosemount, a city known mostly for its single-family subdivisions and occasional senior project. Preliminary plans show 110 to 120 units of market-rate apartments and 4,000 to 5,000 square feet of retail on a redevelopment site just off Highway 3 in downtown Rosemount, said Kim Lindquist, the city’s community development director. Representatives of Ron Clark Construction were scheduled to present their plans Tuesday night to Rosemount’s Port Authority. The developer couldn’t be reached for comment Tuesday afternoon. Pending approvals, the project could be in the ground in April, according to city documents. Lindquist said the proposed housing could be a good addition for the community. “We are interested in get some additional market rate apartments,” Lindquist said. “We have typically been more of a single-family community, so we are trying to get some density and some different housing options.” Shenanigans Pub at 14605 South Robert Trail (Submitted photo: CoStar Group) In a staff report, city officials said the developer has reached agreements to purchase two properties for the project. That includes the Ken Rose Shopping Center at 14555 South Robert Trail and the Shenanigans Pub at 14605 South Robert Trail, Lindquist said. The 55,000-square-foot Ken Rose property, also known as Rosemount Plaza, was built in 1962 and is part of a 2.65- acre site with more than 200 parking spaces, according to a sales brochure. The property was listed at $3 million. Built in 1965, the 5,922-square-foot Shenanigans Pub property is a single-tenant building on a 0.42-acre property, according to the CoStar Group. Lindquist said the properties are part of an area that has long been targeted by the city for redevelopment. In November, the Port Authority is tentatively scheduled to have a tax increment financing “discussion” regarding the project, according to a staff report. If and when the project gets the green light, the city may begin to apply for redevelopment grants through the Minnesota Department of Employment and Economic Development, the Metropolitan Council, and the Dakota County CDA, the report said. Rosemount was established as a township in 1858. The downtown area saw a growth spurt in the 1860s and 1870s with the opening of a general store, hardware store, blacksmith, and wagon shop, according to the city’s website. Waves of downtown redevelopment occurred in the mid-1980s and early 2010s. Recent examples include two senior housing projects: the 93-unit Steeple Center/Rosemount Senior Living (2015) and the 60-unit Cambrian Commons (2016). Rosemount has seen its share of new housing this year. Through September, the city has issued 120 permits for 155 new housing units with a combined value of $39 million, according to the Keystone Report. Homebuilding is running ahead of last year by each of those measures. Permits are up 135%, planned units are up 68%, and value is up 111%, according to the Keystone data. Most of the new units are single-family houses. Herb Tousley, director of real estate programs at the University of St. Thomas, said market-rate apartments might be a good fit for downtown Rosemount as long as the monthly rents aren’t too high. “If they can do some moderately priced, moderate-rent market rate, I think they will do very well,” he said. Potential next steps include submittal of a formal planning application in November, a neighborhood meeting and Planning Commission review in December, and City Council review in January. 📥 “We are starting to look at potentially putting together a TIF district and talking about potential schedule for planning approvals so the developer has an idea of what their schedule might be,” Lindquist said. “They want to try to start construction next spring.” Certificates of real estate value [PDF] Like this article? Gain access to all of our great content with a month-to-month subscription. Start your subscription here. ABOUT BRIAN JOHNSON Brian joined Finance and Commerce in February 1998. His primary beat has been construction and development. Copyright © 2020 Finance & Commerce | Suite 900, Campbell Mithun Tower, 222 South Ninth Street, Minneapolis, MN 55402 | (612) 333-4244 Ron Clark Construction and Design would replace an outdated shopping center at 1455 Robert Trail S. in Rosemount with a 148-unit apartment building, known as The Morrison, and a detached retail building in a later phase. (Submitted image: Kaas Wilson Architects) New apartments planned for downtown Rosemount By: William Morris February 19, 2020 4:38 pm Correction: A previous version of this article misstated the number of units in The Morrison. The correct number is 124. Ever since Rosemount leaders launched a revitalization of their historic downtown in 2004, they’ve had their eyes on the Rosemount Plaza Mall. The onetime Ken Rose Shopping Center at 1455 Robert Trail S. was built in 1962, according to CoStar Group, and is widely considered obsolete. Community Development Director Kim Lindquist said in an interview that the property has long gone without updates and needs “dramatic improvements” to reach par with modern retail properties. At a January Planning Commission meeting, commission member Michael Reed was more blunt. “Anything is an improvement,” Reed said. Now the city has a project to look forward to. On Feb. 4, the City Council approved a master development plan and up to $3.2 million in tax increment financing for Edina-based Ron Clark Construction & Design. Ron Clark, in partnership with Bader Development, plans to tear down the mall and Shenanigan’s Pub, immediately south, to build a 124-unit market-rate apartment building and, in a second phase, a detached 4,000 square foot retail building. Ron Clark is well acquainted with Rosemount, CEO Mike Waldo said. The company is building a 49-unit affordable apartment building at the corner of Chippendale Avenue and 160th Street, expected to open this summer, and Waldo has worked on other projects in the city previously. The idea for the downtown project, first pitched last year at roughly 120 units, arose over the course of that collaboration with the city. “We’ve talked off and on with the city probably the past three or four years,” Waldo said in an interview. “I know the city has been trying to develop this parcel for 15 to 20 years. … We just feel really good about Rosemount as a town and feel there will be a good market for the apartments.” The project, known as The Morrison, is estimated to cost between $25 million and $28 million, and Ron Clark hopes to begin demolition and cleanup in May. A separate building on the northeast corner of the site with two retail tenants will remain until at least 2022, when their current leases expire, and be redeveloped at that time. Rosemount’s downtown redevelopment, launched by a council that came into office in 2004, has seen a number of successes, including several senior housing projects and the 108-unit Waterford Commons apartments built in 2008 across the street from Shenanigan’s. But finding a project for the mall property has never been far from the city’s mind, Lindquist said. “The mall site was one of the top priorities, but at that time, the property owner wasn’t interested in selling for a price that could be a financially viable project,” she said. “And so we’ve facilitated some redevelopment of particular sites as well as, as we all hope, when there’s investment, then other private entities have also significantly invested in their property.” The Morrison, which will include a second-floor pool deck and other amenities, will have 127 parking stalls in a garage under the building, and an additional 75 surface spaces that will serve the apartment building and future retail. Bloomington-based Kaas Wilson Architects is designing the project, which will be operated by St. Louis Park-based Steven Scott Management. Waldo said the building should be ready for first occupancy by late summer of 2021. Related: Market-rate rentals pitched for Rosemount ABOUT WILLIAM MORRIS Economic development reporter for Finance & Commerce. Construction is underway on The Morrison, a 124-unit market-rate apartment building at 1455 Robert Trail S. in downtown Rosemount, replacing the Rosemount Plaza mall. (Submitted image: City of Rosemount) Just Sold: Rosemount mall makes room for apartments By: Anne Bretts June 16, 2020 2:13 pm Editor’s note: “Just Sold” is a Finance & Commerce feature based on the newest certificates of real estate value filed with the Minnesota Department of Revenue for commercial sales throughout Minnesota and reports of sales across the country involving local parties. Research includes company and broker documents, online real estate listings, F&C archives, CoStar and other research. More than 15 years after Rosemount leaders started talking about redeveloping its downtown, their successors have picked up shovels and broken ground for a key $28 million piece of the plan. Edina-based Ron Clark Construction & Design, in partnership with Bader Development, has started demolition of the Rosemount Plaza Mall at 1455 Robert Trail S. and Shenanigans Bar, directly to the south of it. Work started after The Morrison Partners LLC, a Ron Clark entity, closed May 15 on the $2.075 million purchase of the site from E&E Enterprises in South St. Paul. The sale report included no down payment and a new mortgage. Once cleared, the site will be home to The Morrison, a 124-unit, market-rate apartment building. In a second phase, Ron Clark will replace a 4,000-square-foot, two-tenant commercial building in the northeast corner of the site in 2022, when the tenant, leases expire. “This is really important to us,” said Community Development Director Kim Lindquist. Over the years the city has seen several new apartment buildings and other projects downtown but met resistance when the former owner of the mall was asked to make improvements. “The mall was such a large building and it wasn’t kept up for so long,” Lindquist said. Just having the mall gone will give a boost to the area, she said. Rosemount Plaza was known as Ken Rose Shopping Center when it was built in 1962. The City Council approved the master development plan for The Morrison in February and supported it by agreeing to up to $3.2 million in tax increment financing. The Morrison will include a second-floor pool deck and other amenities, as well as underground and surface parking. Bloomington-based Kaas Wilson Architects designed the project, and St. Louis Park-based Steven Scott Management will operate it when it’s completed in summer 2021. RELATED: New apartments planned for downtown Rosemount Place: 1455 Robert Trail S., Rosemount Price: $2.075 million, with no listed down payment and new financing Buyer: The Morrison Partners LLC, Edina Seller: E&E Enterprises, South St. Paul Date: 5-15-20 Page 1 of 3 View Summary for Preliminary eCRV ID 1092409 County:Dakota Auditor ID: Submit Date: 05/15/2020 9:53 AM Accept Date: 05/26/2020 9:04 AM Buyers Information Organization name: The Morrison Partners, LLC Address: 7500 West 78th Street, Edina, MN 55439 United States Foreign address: No Phone number: (952) 947-3037 Email: *** MN Revenue does not display SSN/Tax ID fields due to privacy. *** Sellers Information Organization name: E & E Enterprises Inc. Address: 1185 North Concord Street, South St. Paul, MN 55075 United States Foreign address: No Phone number: (651) 201-7241 Email: *** MN Revenue does not display SSN/Tax ID fields due to privacy. ***  