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2021.03.16 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 12, 2021 City Council Meeting Schedule Tuesday, March 16, 2021 Time Meeting Location 6:30 p.m. City Council work session to discuss: 1. Twin Lake slalom course request update. 2. Blue Line Extension update. 3. City manager monthly check-in. 4. New business. 5. Announcements. Council Chambers/Zoom 7:00 p.m. City Council meeting 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 a statement issued by Mayor Jim Adams pursuant to Minnesota Statutes, section 13D.021, due to the pandemic this meeting will be conducted as an electronic meeting. The public may monitor and participate in the meeting by connecting to it through one of the methods identified below. A limited number of the public may attend the meeting in-person in the Council Chambers, provided social distancing and face covering requirements are followed. City council members and staff are not required to attend the meeting in-person, but some may participate in-person. All votes will be taken by roll-call vote. Topic: Crystal Council Work Session & Regular City Council Meeting Time: Mar 16, 2021 06:30 PM Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/85853603769?pwd=V1JLSzUzMHBSd0RiR1RLMTg3cFJKZz09 Meeting ID: 858 5360 3769 Passcode: 414141 One tap mobile +13017158592,,85853603769#,,,,*414141# US (Washington DC) +13126266799,,85853603769#,,,,*414141# US (Chicago) Dial by your location +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 858 5360 3769 Passcode: 414141 Find your local number: https://us02web.zoom.us/u/kc7Iut7nrk 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 12, 2021 City Council Work Session Agenda Tuesday, March 16, 2021 6:30 p.m. 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 on Tuesday, March 16, 2021 at ______ p.m. electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ LaRoche ____ Norris ____ Parsons ____ Ray ____ Adams ____ Revering ____ Banks ____ Sutter ____ Budziszewski ____ Biggerstaff ____ Cummings ____ Serres ____ Kiser II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Twin Lake slalom course request update. 2. Blue Line Extension update. 3. City manager monthly check-in. 4. New business. * 5. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: March 16, 2021 TO: Crystal City Council Andrew Hogg, Assistant City Engineer, City of Brooklyn Center FROM: Mark Ray, PE, Director of Public Works SUBJECT: Proposed Water Ski Slalom course update Background Earlier this year, both the City of Brooklyn Center and Crystal were contacted by Chuck Kendall (5630 Twin Lake Terrace, Crystal) and Nick Ellering (5652 Twin Lake Terrace, Crystal) asking about a letter from both cities providing written permission for a permanent (for the season) water ski slalom course on Upper Twin Lake. For reference, attachment 1 of this memo is the initial information on the course provided by the applicants. Since neither City has gone through this process before we mailed a joint letter to all the properties on Upper Twin Lake requesting their input. Of important note, this joint-City input effort only relates to Item #1 of the Hennepin County Sheriff’s Office Water Patrol (Water Patrol) permit requirements. Communication with Water Patrol Attachment #2 to this memo are the permit requirements from Water Patrol. City staff have been in direct communication with Water Patrol staff to make sure everyone remains on the same page. Staff has gotten confirmation from Water Patrol that based on the documented properties opposed, the application would not satisfy requirement #2 of the permit. Requirement #2 is “All property owners which the course directly affects must give written permission.” Communication with Water Patrol In the letter that was sent to all the properties around Upper Twin it was stated that the comments received will be provided to both Councils. Attachment #3 of this memo contains all the comments received. Every property owner that contacted the City is included in the comments but some additional minor communications (generally process questions) that were received are not included. Attachments 1) Materials provided by applicant 2) Hennepin County Sheriff Water Patrol permit requirements 3) Resident responses to joint-City letter Requested Council Action Since the applicant does not meet Water Patrol requirement #2, no action is needed from either City Council at this time. Attachment 1 Materials provided by applicant Attachment 2 Hennepin County Sherriff Water Patrol permit requirements Attachment 3 Resident responses to joint-City letter 1 Mark Ray From:Chuck Kendall <chuck.kendall68@gmail.com> Sent:Saturday, January 30, 2021 9:04 AM To:Andrew Hogg; Mark Ray Cc:Nick Ellering Subject:Can Nick and I get a letter from the city providing written consent for our submersible course? Happy New Year! We will be on the water in no time enjoying the sun. We provided you a copy of the signatures of impacted homeowners at our meeting, but need a letter from the city to attain our permit from the Hennepin County Sheriff. Since the lake covers both cities, we want to ensure we attain both cities' approval. On another note, this spring we will investigate the inlets and garbage to pull that data together. Thanks Chuck Kendall 5630 Twin Lake Terrace N Crystal, MN 55429 **** This is an EXTERNAL email - which originated outside of the City of Crystal. Please exercise caution. DO NOT open attachments or click links from unknown senders or in unexpected email from known senders. **** have signed this form For all questions, call Chuck 763-354-4125 Again, neighbors like the submersible because it will not attract jet skis and be out of the way when not in use Hennepin County Sheriff’s Office Enforcement Services Division – Water Patrol Unit TEMPORARY STRUCTURE PERMIT REGULATIONS for SLALOM COURSES A regulation length Slalom Course is normally over 800 feet long and because it restricts the public use of such a large area, the following regulations are to be followed closely: 1.The cities that are affected must give written permission. 2.All property owners which the course directly affects must give written permission. 3.Surface floats must be submerged or removed when the course is not in use. 4.The permit number must be displayed on the end floats. 5.The course cannot exceed 900 feet in length. 6.The course cannot be a navigational hazard. 7.The permit will be renewed annually and the previous years’ complaints (if any) will be reviewed. 8.When you return the Temporary Structure Application, you must include copies of all letters of permission. **FOR LAKE MINNETONKA ONLY** Slalom courses on Lake Minnetonka MUST BE REMOVED. No submerging allowed. Courses on Lake Minnetonka do not need a permit, but must be removed when not actively using the course. Courses on county lakes and rivers that are removed after each use do not need a permit. All permanent courses need the following: HalifaxTwinLakeOrchard53rd 54t h 52nd 52nd 56th 58th TwinLakeFranceI ndi a na PerryWilshire Bernard Eckberg 57th QuailLakeside53rdQuail MajorJ u n e PerryGreat View57t h 56th Bur qu es t OakCP 5 1 s t ¹ 0 500 1,000250 Feet Upper (North) Twin Lake Response: OPPOSE SUPPORT Support A. Paul Oman 5239 E. Twin Lake Blvd. Brooklyn Center I wholeheartedly support this. I use the area frequently for barefoot skiing (which doesn't use a course) and am comfortable that this plan will likely result in even less course exposure due to less time setting up and taking down and lower motivation to leave it up over night when planning to ski the next morning. There's very little fishing on Upper Twin (too shallow for decent fish habitat) and thus snagging fish lines shouldn't be a problem. Thank you, Paul Oman B. Dan Priem 5309 Twin Lake Blvd Brooklyn Center Hi Mark, I have been a homeowner and boating enthusiast on Upper Twin Lake for 27 years. I fully support the permit approval of the submersible slalom course. In my experience, the people using the course are very experienced boaters and usually among the most responsible and courteous boaters as they understand the value and privilege Twin Lake provides them. Many of the skiers using the portable course in recent years have lived on or near the lake so have a vested interest in Twin Lake, our community, and maintaining a positive relationship with the homeowners and other boaters on the lake so as not to jeopardize the privilege. I fully expect this to continue with approval of a submersible course. Thank you for considering this permit request. Thank-you, Oppose C. – Same address as D. Michael J. Larson 5451 Twin Lake Blvd E Brooklyn Center WILDLIFE should take a higher priority. Herons and a wide range of Ducks like to spend time on these peninsulas in our experience. WETLAND ISSUES like neighbors that dump most of their lawn waste in the wetlands don't seem to be monitored at all. The WATERSHED people seem inoperative in our experience. WATER QUALITY monitoring seems to be far below an appropriate level. We face the pond on the right side of your map... it seems we're seeing far fewer herons and other wildlife... maybe water is having a tougher time getting to this pond by there seems to be a need for the broader issues. THANKS for the opportunity to express our doubts... use of the word PRIVATE seems problematic as well. It should be owned by the CITY in our view. D. – Same address as C. Marijane Tessman 5451 Twin Lake Blvd. E. Brooklyn Center, MN I am against giving a permit to one homeowner on Twin Lake to operate a private slalom course. Twin Lake is a gem in Crystal & Brooklyn Center. It is a special environment and a ski course will upset this ecosystem. It is home to many species of fish and duck and is part of the territories of heron, owl, hawk, occasional eagles & common birds. We see fox, muskrat, deer and and even coyote. This concentrated activity of gasoline motors to operate ski boats, ski lifts and jet skis will upset the wildlife on Twin Lake. If a government permit is given to this private group, the character of the lake will permanently change. This activity will increase water pollution, air pollution, noise pollution and create unsafe conditions. The Single Creek and West Mississippi Watershed Management Commission website states that Upper and Lower Twin Lakes have a sensitive ecology. The balance of the "fish and zooplankton communities" are threatened. Twin Lake is already struggling to maintain a "clear-water state". Upper Twin Lake does not need a government sanctioned, private slalom operation. E. Jay Martin 5740 Twin Lake Terrace Crystal, MN Mark, From what I've seen over the 7 years I 've been here, the course has mostly been on the other side of the island. Thats the East side. It provides more space for turning and staying out of the way of others. The proposed course on the West side would put the boat and skier on more of a collision path with anything going through the channel. Also on the south end many boats and swimmers park by the small island. This is another place of interference. The West side leaves much more room for error. Thats probably why I have seen it mostly on the East side of the Island. Regards, Jay Martin F. Dan Johnson 5446 ORCHARD AVE N CRYSTAL MN It’s a huge no!! When it’s set up, most of the people that use this course act as if they own the LAKE, there sometimes RUDE! And if you boat by slow or paddle boat they give you a awful stare.. It’s really unfair AND SHOULD TOTALLY BE ON THE OTHER SIDE!! 1st That’s the 1st problem 2nd problem is all the jet skiers run through the course 70 miles per hr using it as a speed course. There should NOT be a course in front of these homes? The waves are larger than you think. AND THERE MUSIC IS SOooo Loud? And it’s a consistent thing then right in front of our homes that WE PAY BIG TAXES FOR!! And most of the people that use this course of course don’t EVEN live on this LAKE? If they want to set up a course the best spot is ((directly on the other side))? That is used much much less and there NOT INTERFERING with us who have to deal with these problems like I addressed!! 3 of the 12 houses in front of this course would use it all the time?? And it’s been set up where there are no houses many many times and it does not cause a problem on the East side of that island and it’s just as good as in front of OUR HOMES THAT WE PAY FOR, and want it quite!! And NOT A RACE TRACK!!! It’s a BIG NO! *** Follow up email from Dan*** I’ve been chatting with a few other neighbors, they seem to think it would end up being a freak show and then all the new boaters from other lakes coming to the free landing and coming to use this course? It’s very scary to us in front of this island?? Again not mentioning all the crazy jet skiers that come in that don’t follow lake rules anyway etc. And our kids are out there swimming and paddle boarding and kayaking.. SURE HOPE YOU GUYS THINK OF ALL THE PEOPLE WHO HAVE LIVED HERE FOR MANY MANY YEARS.. And it takes them 25 minutes to set up the course and use it for a hr then they pick it back up?? This lake is WAY TO SMALL FOR ALL THESE NEW BOATERS TAKING OVER FOR A NEW CITY PERMIT! Why do you think they are not on Minnetonka and medicine lake? G. Sherry Weko 5508 Orchard. Crystal, MN We do not support the idea of a private slalom course on Twin Lakes as it faces lake frontage of property owners. Our first reaction to the letter was very negative as the letter stated, "All homeowners that have frontage where the course will be set up have signed their support." This is the first we have heard about this so how can someone say we signed our support. It feels like someone is not being honest. That alone tells us to say no support. The letter says this is a private group but it doesn't say how many people are in the group. In the past, the family who set up a course has not always set it up on the west side of the island. They have also skied on the east side of the island. If the course is always on the west side and not knowing how many people, boats or how often it will be used, there will be more erosion to our lakefront. I'd prefer they suggest the east side where the wake will hit the wetlands instead of homeowners property. I enjoy watching people ski but there's no guarantee how often or how many people will use this course. The letter states the course was put up 2-4 times per week last summer but it doesn't say how much it would be used now that it is permanent. It could be a lot more. The letter also states that this group has been skiing for over 25 years. The homeowners that have lived on the west side of the island for over 25 years do not ski anymore. The family that has skied over 25 years live on the east side of the lake so it makes more sense for them to put the course on the east side of the island if they are the group. We are not giving our support at this time. H. Mark Allen 5427 Twin Lake Blvd E Brooklyn Center, MN Curt & Meg, We and most of our neighbors on Twin Lake received this letter in the mail this week. Of coarse by using the cities of BC and Crystal’s logo’s, they make it appear that there is buy in of this idea from the cities. I have many concerns about this, and I’m sure other neighbors do as well. Last night while I was ice fishing on the lake, I met Laurie and Tim Melby who live on the Crystal side of our lake, so naturally this letter came up in conversation. This couple informed me that while they have Lake frontage where this project would go, that neither them or at least one of their neighbors has ever heard of this project, let alone “signed their support for the course”. They also explained to me that the City of Brooklyn Center and Crystals border runs along their shoreline, so this project, if it were to move forward will be inside of BC’s boundaries entirely. Having said all of that, I assume that this is more of a DNR or State of MN issue, as the Lake does not belong to any of us. It actually belongs to the residents of the State of MN. My concerns are the following: 1. This water ski group, thinks they “own” the part of the lake, wherever they set up their ski course. My personal experience, is of having been told that “you can’t fish here, because this is our ski course”. 2. They make reference that the course will be raised and lowered when not in use. If the lake and the rights to use it, is for everyone then so should the use of this course, not for just a select few. 3. The times they are saying they will use it, are pretty much the premium boating, fishing and recreational hours. There are other concerns as well, but I’ll let this suffice for now, until I find out if this is even a viable idea. Would appreciate any input you might have. thanks, Mark I. Wilma and John Frantz (also co-signed Jane’s letter) 5432 Twin Lake Terrace Crystal, MN This note is to express our desire to have the proposed ski slalom course moved to the north corner of the lake (on the east side of the ‘big’ island). Wilma & John Frantz J. Olena Pavlik (mailed a letter as well which is attached and co-signed a letter from 5700 Twin Lake Terrace) 5708 Twin Lake Terr. N. Crystal, MN February 26, 2021 To: City of Crystal, City of Brooklyn Center, Hennepin County Water Patrol, Department of Natural Resources Dear Sir, It is with a great amount of concern and even alarm that I am writing this response of mine to the letter I recently received regarding the proposed installation of a private slalom course on the Upper Twin Lake. I am a property owner on this lake. I have several concerns about this proposal, which I would like to bring to the attention of the above mentioned organizations and departments. Primarily, I am disturbed by the statement in the first Course note that says: “All Homeowners that have frontage where the course will be set up have signed their support from the course.” My home is on the northwest end of the lake. Some summers prior to 2020 there was a temporary slalom course installed in different locations around the lake, most frequently on the other side of the island, away from the residential area. While last summer, the situation drastically changed. Myself, and several of my neighbors, watched the use of the course right in front of our homes several days a week. The map presented on the letter does not truthfully reflect the actual usage of this part of the lake. The turn-around for the course is directly in front of our homes, and the boats use most of the width between the island (and wetland peninsula from the other side) and our frontage, to turn around. I HAVE DEFINITELY NOT signed my support for the course as is stated in the letter. Actually, I had no idea of the existence of this proposal until I received the letter a few days ago. Also, because my home is at the area where the boats turn around, there is a lot of wave action, boat noise and noise made by the participants. Per the sixth course note ‘The ski boats are designed to have the smallest wake possible…’, but that was not what it was like last summer – in some instances waves were going over my dock and the boat lift and damaging the shoreline. The third course note in the letter referred to a “private group” having had a temporary course on the lake for 25 years, and yet in the beginning of the letter a referral was made to “a property owner” as proposing this permanent course. I am wondering if it is a group or an individual? Who is actually trying to get such an exclusive right on the use of the public lake throughout the summer from ‘not early in the morning’ till sunset, thus excluding the other people. Another concern of mine is for safety of people using the lake for stand-up paddling, kayaking, canoeing, etc. Or will there be any monitoring or surveillance done of the area and the shoreline by a private person/group? I am also concerned about an increase in boat traffic, not only for its impact on myself and my lake frontage, but for its impact on plants and animals in the area. There are Great Blue Herons, rare species of ducks, the deer, the red and black fox and many other animals right in our corner of the lake, and there are wetland plants right next to the actual turn-around area that the slalom boats have been using. Therefore, I want to make it clear that I am NOT in support of this permanent slalom course installation. I believe it is important (and actually the law) for all of us to share the lake. The installation of this permanent course would impede balanced use of the lake by all. Please let me know about the decision-making process on this issue and how I can let my voice be heard. Thank you for your work on this. Sincerely, Olena Pavlik K. Lyda and Joe Hasmail (also co-signed Jane’s letter) 5350 Perry Circle Ave Crystal, MN Mr. Ray, We write in response to your letter dated February 16, 2021 regarding a proposed permanent water ski course on Upper Twin Lake. We recently joined a number of our neighbors in a joint letter proposing that the course be moved to a different location on the lake, and we understand that you requested that each of the signatories to that letter contact you independently to confirm that they in fact agreed with it. We are writing to tell you that we do. Where we live on Upper Twin Lake, and the location of the proposed permanent course, is a narrow part of a small shallow lake, and that means that waves created by ski boats are not far from shore, and they undoubtedly contribute to erosion. Further, this means that the noise from the ski boats is also close to shore, and it is disruptive. We often have to pause conversations in our backyard when people are skiing. This makes it difficult to enjoy our backyard on beautiful days (which also are the days that people like to ski) and makes the lake a less desirable place to be. The constant stream of ski boats coming full throttle down the lake also means we feel less safe doing the lake activities we enjoy, like swimming and kayaking with our toddler. In fact, we’ve had to stop doing these things off our own shore because of skiing. So, as you can imagine, we were alarmed to learn of the proposal to make the course permanent on our narrow side of the lake with so little notice. We do think that moving the proposed course to the other, wider, side of the lake would be a reasonable compromise. We do not agree that all affected residents have consented to this installation on the narrow side of our lake – we may not live directly off the shore of the proposed course, but boats exiting the course often turn around just off our shore. We are also aware of a number of our neighbors who feel similarly. As you no doubt are aware, Robbinsdale recently went a different direction in the administration of South Twin Lake, passing an ordinance restricting motorized boating there. Robbinsdale City Code § 815.07(b), subd. 5(b). Crystal and Brooklyn Center should be emulating that approach for all of the Twin Lakes, not encouraging Upper Twin Lake to become a destination for noisy and disruptive motorized boating, at the detriment of its residents. Thank you for your attention to this matter, Lyda and Joe Hashmall L. Kari Miller (also co-signed Jane’s letter) 5344 Perry Circle Crystal, MN Hi Mark I have lived on the lake for 21 yrs and I support the letter Jane Shallow submitted. I hope you truly take our recommendation for this under consideration. I enjoy being a part of this community and support change but want it to be right for the people that pay taxes to live on the lake and enjoy it without more traffic and erosion to our shoreline. Thank you M. Pat Campion (also co-signed Jane’s letter)) 5320 Perry Ave Crystal, MN Hi Mark, I approve the letter that Jane Shallow provided you. Thank you for your time. Pat Campion N. Zenith Santee (also co-signed Jane’s letter) 5316 Perry Ave Crystal, MN Hi Mark, I approve the letter that Jane Shallow submitted on our behalf. Thank you Zenith Santee O. Jody and Ryan Becker (also co-signed Jane’s letter) 5412 Twin Lake Terrace N Crystal, MN Mark, My husband Ryan and I virtually signed a letter sent by Jane Shallow regarding a proposal for a permanent ski run but I think you requested confirmation directly from us. Consider this our confirmation. Thank you, P. Tim Hagan (also co-signed Jane’s letter) 5406 Twin Lake Terrace Crystal, MN Hi Mark my name is Tim Hagan, and I live at 5406 Twin Lake terr. I totally agree with my other neighbors againt a water sking ramp. The shoreline will be damaged by the constance water wake on this narrow side of the lake. Thank You. Q. Tim Melby and Laurel Watkins-Melby – Two letters attached, plus below comments 5700 Twin Lake Terrace Crystal, MN Mayor and Council members: We are writing to let you know our concerns about the proposal of a permanent ski slalom course on Upper Twin Lake. Also, we are sending a copy of a Statement of Opposition that we, along with our neighbor, Olena Pavlik, brought to our neighbors on the lake, in the area affected by this proposed ski course. Attached is the letter we received in the mail, dated February 16, 2021. That letter states that "All homeowners that have frontage where the course will be set up have signed their support from the course." We assume that they meant "for" the course, not "from" but, after talking to neighbors on this part of the lake, we also do not think this statement is accurate. Also attached is the Statement of Opposition signed by those neighbors. We did not make contact with homeowners on the rest of the lake, but would be willing to check with others on the lake if that is needed. One homeowner we talked to that lives on the other side of Upper Twin Lake felt that this permanent ski course affects all residents on the lake, and really anyone using the lake at all. In addition, the Hennepin County Water Patrol regulation (also attached) states "All property owners which the course directly affects must give written permission." The regulation does not say (as the Feb. 16 letter says) support is only needed from those homeowners that have frontage where the course will be set up. We have not given permission and our homes are definitely Directly Affected as we are at the north end of the course and in the location that the boats turn around. Consequently, we receive the most noise(from boat motors stopping and starting and from participants) and wave action causing significant impact on our docks and shoreline. We have other concerns such as safety for non-motorized recreation, long hours of possible use of the ski course, and impact on plants and animals existing on this part of the lake (great blue heron, eagles, deer, fox, geese and ducks). These concerns are further explained in our letters (attached) which we already sent to Mark Ray, PE, Crystal Director of Public Works, Andrew Hogg PE, Brooklyn Center Assistant City Engineer, Hennepin County Water Patrol and Department of Natural Resources. The original, Feb. 16 letter was sent by Mark Ray and Andrew Hogg. Comments on this proposal were requested to be sent by Friday, March 5, 2021. On February 25, 2021, we did receive a response from Hennepin County Water Patrol stating "HCSO does not approve these without all homeowners support. As such we will contact the cities saying we are not going to approve this permit." (attached). Therefore, we are assuming that this permanent ski slalom course will not be permitted. If there are any questions about this, we would request that we have an opportunity to explain our position directly to Crystal and Brooklyn Center City Councils. Sincerely, Laurel Watkins-Melby, 5700 Twin Lake Terr. N., Crystal, MN Tim Melby, 5700 Twin Lake Terr. N., Crystal, MN Olena Pavlik, 5708 Twin Lake Terr, N., Crystal, MN R. Jane Shallow 5418 Twin Lake Terrace Crystal, MN Hello Mr. Ray, We are writing in response to your letter dated February 16, 2021 regarding the proposed summer permanent slalom water skiing course for Upper Twin Lake. The fourteen of us comprising nine households have some concerns. The first is the statement in the letter that all people who have frontage on the proposed course are in support of this proposal. This is the first we have heard of this proposal so we have had no input in this process to date. We are therefore very appreciative you have sent out this citizen input request as our homes are either directly on the run up of the proposed course or in the turnaround area of the proposed course. The second question is about the location of the proposed course in Upper Twin Lake. This is the narrowest part of the lake as you can see from the map you provided, and it is indeed very narrow. We believe the current operation of watercraft in the summer already puts a lot of pressure on the shoreline, our own enjoyment of the lake, and the wildlife in this small area and we are hesitant to see more, especially since there are at least two more water ski boats on the lake that to this point have been using the whole lake and would naturally be drawn to the permanent course, thereby adding yet more traffic, wake, and noise to this small space. As well, many of us have canoes, kayaks, paddleboards and pontoons, all slow moving craft that must then negotiate this bottleneck. We are not in opposition to a permanent summer course except in the currently proposed location. Our valued neighbor has been skiing on this lake for many years. We would like to suggest a slalom course be set up on the North corner of the lake, where it has been set up many times before. The lake is wider, the course can be operated further away from our houses and the shoreline, and there is less of a bottleneck problem. (See the attached map for clarification.) We have several times in the past had a temporary course set up in the area that is being proposed as a permanent location, the results of which have generated these nine households in a row that are on the run up and turn around path of the proposed course to join together to please request an alternate location for the permanent course. Can you please notify us if there will be further discussions about this prior to action by the city? Thank you, Jane Shallow 5418 Twin Lake Terr. N., Crystal 29 year resident Rofina Madaba Lutta 5418 Twin Lake Terr. N., 6 year resident John Frantz 5432 Twin Lake Terr. N., Crystal 30 year resident Wilma Frantz 5432 Twin Lake Terr. N, Crystal 30 year resident Jean Maus 5424 Twin Lake Terr. N., Crystal 2 year resident Jody Becker 5412 Twin Lake Terr. N., Crystal 6 year resident Ryan Becker 5412 Twin Lake Terr. N., Crystal 6 year resident Tim Hagen 5406 Twin Lake Terr. N, Crystal 33 year resident Pam Hagen 5406 Twin Lake Terr. N, Crystal 33 year resident Joe Hashmall 5350 Perry Circle, Crystal 3 year resident Lyda Hashmall 5350 Perry Circle, Crystal 3 year resident Kari Miller 5344 Perry Circle, Crystal 21 year resident Pat Campion 5320 Perry Avenue, Crystal 50 year resident Zenith Santee 5316 Perry Avenue, Crystal 22 year resident S. Dean and Diane Larson - Letter attached 5724 Twin Lake Terrace Crystal, MN T. Shawn Manley 5600 Twin Lake Terrace North Crystal, MN 55429 To whom it may concern, I am writing in regards to the letter I received about the request for a private party to put a slalom course on the lake. I am concerned about this letter for multiple reasons. First this letter states that they have a approval from the homeowners that have frontage on the side where the course will be. That is not completely accurate. I own a house with my partner directly in front of where this course will be held. My understanding is they spoke to my partner but not myself. Our household is 50/50 for and against this course. My concerns are as follows: We recently invested in a brand new shoreline and rip tap that we are very proud of. If this were to have ANY increased traffic for skiing due to this course being a permanent structure I have concerns over the wave abuse on our shoreline. There have been times there are skiers out in the earlier part of the morning so #4 in their letter is not completely factual either. However, in their defense I have not seen them before sunrise or after sunset. Secondly, where do we draw the line? If this group wants this, and the next group comes along with an idea for extra "permanent equipment" etc then who is to say one group gets precedent over another? I see no harm in the temporary course they use. If they have been doing it already without any issue then I see no reason to make this permanent. Thirdly, I am hearing rumblings of this group possibly wanting to do contests, lessons, etc with this. If they are charging for this then would the lake association or those around the lake benefit from the income?? I do know we have a homeowner across the lake who is known for barefoot skiing and promotes such at other venues. I have heard this individual is also interested looking to utilize this to the benefit of contests, lessons, and such. In my opinion, we have already seen an increase in Kayak traffic due to the Parks and Recreation putting up a kayak rental on the Middle twin and that to continue to increase such permanent structures on an already beautiful, semi private, and so far not extremely busy lake would only increase traffic on a lake that every single homeowner on this lake values it for what it is currently. I see no reason to issue such a permit for a structure that works quite well as a set up and tear down situation currently. I believe this would also elimate any future issues, disagreements, or preferences that may arise in the future between our already very close group of homeowners as to who is allowed what on the lake. Thank you for your time, ___________________________________________________________________________________  FROM: John Sutter, Community Development Director TO: Anne Norris, City Manager (for March 16 work session) DATE: March 11, 2021 SUBJECT: Blue Line Extension update ___________________________________________________________________________________  Metro Transit and Hennepin County (the project team) are exploring alternate routes for the Blue Line Extension that do not require the use of BNSF Railway property. In Crystal, as well as Robbinsdale and the southern part of Brooklyn Park, the operating assumption is that the new alignment would follow Bottineau Boulevard (County Road 81). This right-of-way is somewhat constrained and the constraints vary depending the location/segment. The same is true for land use: From south to north, the Crystal land uses along Bottineau are residential, industrial, commercial, the airport, commercial and residential again. The layout concept that emerges may not be the same throughout Crystal, in terms of where it is (in the median vs. alongside), what it is (at-grade vs. elevated), and so forth. Today (March 11), the project released route options for the North Minneapolis segment. At the Robbinsdale/Minneapolis boundary, the route diverges into two options, West Broadway or Lowry Avenue. As those routes get closer to downtown Minneapolis, the number of potential options increases. From now through April, the project will seek input on these route options. Please see the following attachments: 1.Previous Alignment 2.Anticipated Timeline 3.Route Options 4.Briefing Packet 5.FAQs 6.Press Release 7.Star Tribune and CCX Media stories Later today, after the City Council packet deadline, the Blue Line Extension Corridor Management Committee (CMC) will discuss these materials. Information about the March 11 CMC discussion will be presented at the March 16 City Council work session. COUNCIL STAFF REPORT Blue Line Extension Update  Previous Alignment Attachment 1 Anticipated Timeline Beyond 2021: Confirm environmental approach and conduct analysis to satisfy federal requirementsSeek municipal consent (2022?)Develop construction plans and design details (2023-2024?)Construction (2025-2028?)Note: The out years are a guess by Crystal staff Attachment 2 METRO BLUE LINE LRT EXTENSION Initial Routes for Consideration • March 2021 Routes for Consideration The METRO Blue Line Extension is now seeking feedback on revised routes that do not use freight rail property as previously planned. Based on technical considerations, community input, and past project work, these options currently represent the best potential routes for light rail to connect communities from Minneapolis northwest to Brooklyn Park. The goal is to identify a single community- supported route by the end of 2021 to advance through engineering and environmental review in the coming years. Three unique areas in the corridor for the Blue Line Extension have been identified (shown on Figure 1). Background The Metropolitan Council and Hennepin County announced in August 2020 the need to advance the Blue Line Extension project without using freight railroad property. After several years of unsuccessful discussions with the freight railroad, it was time to move the project forward so that partners could deliver this critical transportation investment. To guide our collaborative work moving forward, project partners and stakeholders developed a set of Project Principles that set the project direction and guide decision- making and engagement. Robbinsdale Golden Valley Crystal New Hope Osseo Maple Grove Coon Rapids Spring Lake Park Brooklyn Park Fridley Minneapolis Brooklyn Center OAK GROVE STATION 93RD AVENUE STATION 85TH AVENUE STATION BROOKLYN BOULEVARD STATION WEST BROADWAY WEST BROADWAY ROUTEROUTE BOTTINEAU BLVDBOTTINEAU BLVDROUTEROUTE [Miles 0 0.5 1 LOWRY ROUTELOWRY ROUTE TARGET FIELD STATION Lowry Ave NLowry Ave N Bass Lake RdBass Lake Rd Glenwood Ave NGlenwood Ave NPenn Ave NPenn Ave N68th Ave68th Ave 58th Ave N58th Ave N 77th Ave77th Ave Noble PkwyNoble PkwyZenith AveZenith AveWashington Ave NWashington Ave NW B r o a dw a y A v eW B r o a dw a y A v e ¤169 «100 «55 «47 «65 «252 «610 Planned BLRT Stations 2013 Locally Preferred Alternative (LPA) Bottineau Blvd (County Road 81) Lowry Route West Broadway Route Navy Link Pink Link Red Link Yellow Link Green Link NOTE: these are a few of many potential links between the Lowry and West Broadway routes and Target Field Station Area 1: The current route and stations along West Broadway in Brooklyn Park are expected to remain the same. Area 2: Project stakeholders identifi ed Bottineau Blvd (County Road 81) as a potential focus of initial analysis. Area 3: There are many potential routes so engagement and in-depth analysis is needed. §¨¦94 §¨¦94 Figure 1: Project Areas and Routes for Initial Evaluation The Blue Line Extension Project Principles have been the starting point for identifying initial routes for consideration. The represented candidate routes for Area 3 within Minneapolis have taken into account the following factors: ✓Available Public Right-of-Way – Based on experience with the existing Blue and Green Lines we know that a light rail guideway requires approximately 30 feet of width (more at stations) for street level service (see Figure 2). ✓Continuity – A light rail corridor needs a continuous, relatively straight alignment to follow for efficient travel times. ✓Context – A light rail line and its stations are better suited to some areas and less suited to others. Higher density residential and commercial areas of employment are best suited to accommodate light rail and maximize community and economic development opportunities. The City of Minneapolis zoning map (Figure 3) illustrates the existing zoning across Area 3. The majority of the area is represented as R1A and R2B (multifamily), with an area of I2 (industrial) east of I-94. There is a concentration of R4 and R5 (multifamily) and OR2 (high density office residence district) clustered along Lowry Avenue N and West Broadway Avenue. ✓Project Principles – Several of the adopted Project Principles directly influence consideration of candidate routes including: “minimize residential, commercial and environmental impacts,” “complement existing and planned METRO transitways,” and others. Attachment 3 Using these factors, the project team reviewed potential options. What remained after the initial review includes two primary routes (Lowry Avenue and West Broadway) and a series of linking segments in downtown Minneapolis that could connect the two in varying ways. Next Steps We want to hear from you! Visit BlueLineExt.org to view our interactive map, provide comments, take a survey, or connect with project staff.Mississippi RiverHall Park Lowry Ave NLowry Ave N Golden Valley RdGolden Valley Rd Glenwood Ave NGlenwood Ave N W Broadway AveW Broadway Ave Washington Ave NWashington Ave NLyndale Ave NLyndale Ave NFremont Ave NFremont Ave N7th St N7th St N10th Ave N10th Ave NPenn Ave NPenn Ave NRight of Way Width (feet) [Miles00.50.25 Plymouth Ave NPlymouth Ave N Olson Memorial HighwayOlson Memorial Highway Emerson Ave NEmerson Ave N26th Ave N26th Ave N §¨¦94 «10056 - 6061 - 6566 - 7576 - 8586 -100 100 +Minneapolis Golden Valley Robbinsdale Mississippi RiverHall Park Lowry Ave NLowry Ave N Golden Valley RdGolden Valley Rd Glenwood Ave NGlenwood Ave N W Broadway W Broadway Washington Ave NWashington Ave NLyndale Ave NLyndale Ave NFremont Ave NFremont Ave N7th St N7th St N10th Ave N10th Ave NPenn Ave NPenn Ave NOR2 High Density Offi ce Residence District R1A Single-family District (low density) R2B Two-family District (low density) R4 Multiple-family District (medium density) R5 Multiple-family District (high Density) I2 Medium Industrial District [Miles 0 0.50.25 §¨¦94 Figure 2: Rights-of-Way Width in Area 3 Figure 4: Potential Rotues for Evaluation in Area 3 Figure 3: Existing Zoning in Area 3 (Source: City of Minneapolis)Mississippi RiverHall Park Lowry Ave NLowry Ave N Golden Valley RdGolden Valley Rd Glenwood Ave NGlenwood Ave N W B r o a d w a y A v e W B r o a d w a y A v e Washington Ave NWashington Ave NLyndale Ave NLyndale Ave NFremont Ave NFremont Ave N7th St N7th St N10th Ave N10th Ave NPenn Ave NPenn Ave NRight of Way Width (feet) [Miles00.50.25 Plymouth Ave NPlymouth Ave N Olson Memorial HighwayOlson Memorial Highway Emerson Ave NEmerson Ave N26th Ave N26th Ave N §¨¦94 «100 56 - 6061 - 6566 - 7576 - 8586 -100 100 +Minneapolis Golden Valley Robbinsdale What routes do you want to see advanced? What opportunities do you see? What challenges do you see? Stay Connected! Project website: BlueLineExt.org Follow us on Twitter: @BluelineExt [Miles 0 0.50.25 Mississippi RiverValley View Park Hall Park Lowry Ave NLowry Ave N Golden Valley RdGolden Valley Rd Olson Memorial HighwayOlson Memorial Highway Glenwood Ave NGlenwood Ave N W Broadway AveW Broadway Ave Washington Ave NWashington Ave NLyndale Ave NLyndale Ave NFremont Ave NFremont Ave NPenn Ave NPenn Ave NTARGET FIELD STATION WEST BROADWAY WEST BROADWAY ROUTEROUTE LOWRY ROUTELOWRY ROUTE NOTE: these are a few of many potential links between the Lowry and West Broadway routes and Target Field Station §¨¦94 Golden Valley Robbinsdale Minneapolis B o t t i n e a u B l v d B o t t i n e a u B l v d ( C o u n t y R o a d 8 1 ) ( C o u n t y R o a d 8 1 ) Plymouth Ave NPlymouth Ave N 7th St N7th St N3rd/4th St Ramps3rd/4th St Ramps10th Ave N10th Ave NBottineau Blvd (County Road 81) Lowry Route West Broadway Route Navy Link Pink Link Red Link Yellow Link Green Link For project questions or to invite us to an event, contact Sophia Ginis, Manager of Public Involvement: Sophia.Ginis@Metrotransit.org 1 | Page Blue Line Extension Briefing Packet Thursday, March 11 Action: Release of Potential Light Rail Route Options x Metropolitan Council and Hennepin County will release revised potential route options for the METRO Blue Line Extension on Thursday, March 11, 2021 to the public and media. x These potential light rail transit (LRT) routes represent technical and community discussions over several months since project partners announced a new direction for the project in August 2020. x The LRT route options provide an opportunity to continue community conversations aimed at identifying a single community-supported route by end of year to advance through official design and environmental review processes. Background x These revised potential routes were derived from initial public engagement work which took place from last fall through January 2021. x Public engagement activities included: o 5 community listening sessions with approximately 300 attendees o 10 community stakeholder interviews o A community survey which received nearly 2000 responses o Additional meeting with community and neighborhood organizations x The Project Management Team learned the community is eager to discuss specific routes and destinations. x The revised potential routes serve many of the destinations that were identified through the public engagement work. x There were other potential routes identified but were not chosen due to major challenges, negative impacts and/or inconsistent with adopted Project Principles. x The release of the revised potential routes is a next step in a much larger process before construction of the Blue Line Extension begins. x The project’s goal is to identify a single community supported route option by the end of 2021. Project sponsors will continue to work closely with communities to align technical and engagement work as well as station locations. x Following the identification of a single community supported route environmental review and engineering work will need to take place. x This is not a short process and construction of the line is still many years away. x While federal funding is not yet secured for the Blue Line Extension the aim is to remain competitive in the Federal New Starts Process. Public Engagement on Potential Route Options: March 11 – April 30, 2021 x The Metropolitan Council and Hennepin County have a robust communications plan in place for the release of the revised potential routes. $WWDFKPHQW4 2 | Page x This includes a news release, social media posts, a project one-pager, and graphical assets to support receiving feedback from community members on the revised routes and evaluation process. x In the coming weeks, project communication staff will continue to update the project’s website with relevant material, engage with the press and produce a series of videos. x To aid engagement efforts, a community survey will be shared via social media and the project’s website (www.bluelineext.org) to gather initial reaction to the potential revised routes. The deadline for the survey will be April 30. x Additionally, a series of virtual townhalls are scheduled for Thursday, March 28 and Tuesday, March 30 to provide community members a space to provide comments and ask questions of project staff. Information regarding the townhalls are also available on the project’s website. x Project staff will be making presentations to community, neighborhoods, and business groups to receive feedback on the possible LRT route options. x Project staff are also working with city and other agency partners and community groups to amplify the announcement of the routes and ways to provide feedback. Community Concerns Raised x Through the project’s conversations with stakeholders and community members, displacement is a major concern. The Metropolitan Council and Hennepin County share those concerns as well. x Preventing displacement is fundamental to the success of this project and will take time, trust, and involvement from a wide variety of agency and community partners. x Metropolitan Council and Hennepin County recognize displacement pressures begin with the announcement of potential routes and working with a shared sense of urgency to address these concerns quickly and strategically. Next Steps x The Metropolitan Council and Hennepin County will continue to engage with the community following the release of the revised routes. It is essential we build strong responsive relationships at all levels to move this work forward. x To move the project forward, input from the community, stakeholders, and policy makers is necessary. The Blue Line Extension Project is committed to transparency in the decision-making process, and can only move forward when the community has reached a high level of trust and buy-in. x Project sponsors also understand community members are fatigued and facing complex and compounding pressures related to the impacts of the pandemic on families, social justice priorities, and the trial of Derek Chauvin. x Project sponsors are committed to moving at the speed of trust to ensure community members are feeling heard and valued during these unprecedented times. Project Contacts: x Metropolitan Council Project Lead: Sam O’Connell (sam.oconnell@metrotransit.org) x Hennepin County Project Lead: Dan Soler (daniel.soler@hennepin.us) x Public Engagement: Sophia Ginis (sophia.ginis@metrotransit.org) 1 | Page BBlue Line Extension FAQs – March 2021 Background: These FAQs are intended to help answer the public’s questions following the roll-out of the revised BLRT route options. FAQs 1. What happened to the prior light rail transit (LRT) alignment? x After several years of unsuccessful discussions with the freight railroad, it was time to move the project forward without using freight rail property. x One of the Project Principles approved by the Corridor Management Committee in December 2020 was to maintain as much of the existing alignment as possible. To that end, the current route along West Broadway in Brooklyn Park is likely to be preserved as it does not require use of BNSF Railway right-of-way. The section of the corridor in Brooklyn Park, Crystal and Robbinsdale that previously used the BNSF Railway right-of- way is proposed to shift to Bottineau Boulevard (County Road 81). The section of the corridor from Robbinsdale to Target Field Station in Minneapolis is where the greatest deviation from the prior LRT alignment exists, and where multiple routes are under consideration. 2. Why could an agreement not be reached with BNSF or eminent domain used? x The BNSF Railway is a private company with property rights that supersede state eminent domain authority. Significant effort and resources, including offering to purchase the corridor, were taken at the local, regional, state, and federal level. In order to advance, approval by BNSF Railway was required. After several years of unsuccessful discussions, it was time to move the project forward without using freight rail property. 3. Travel patterns have changed a lot with the pandemic, do we still need this type of transit investment? x In 2020, Metro Transit experienced a 53% decline in ridership. The pace of the vaccinations may determine the pace of ridership return in 2021. x Transit remains important and will continue to be needed at both a local and regional level to improve accessibility for business needs and the traveling public, while improving equity and achieving environmental goals. 4. Why did you pick these potential routes? x The Metropolitan Council and Hennepin County are committed to identifying routes that equitably serve people and provide access to important local and regional destinations. Attachment 5 2 | Page x These routes were supported by community input and identified because they have characteristics that would make them good candidates for a light rail alignment including overall width and surrounding land uses. 5. Are these all the possible LRT route options? x These are the project team’s recommended routes based on community input, technical considerations, and past work, but they are not final. The project is seeking suggestions, comments, and input regarding these options. 6. Are we supposed to vote on our favorite route and how do I do that? x The final route, called the Locally Preferred Alternative, will be guided by the project’s Advisory Committee Decision-Making Process which relies heavily on public input. Please feel free to visit BlueLineExt.org to view the interactive map, provide comments, take a survey, or connect with project staff. 7. When will the preferred route be identified? x The goal by the end of 2021 is to have a single community-supported route to advance to environmental review and design. 8. Who decides the final LRT route? x The Metropolitan Council in partnership with Hennepin County through the Advisory Committee Decision-Making Process, which includes the Community Advisory Committee (CAC), Business Advisory (BAC), and Corridor Management Committee (CMC). 9. How does public input influence the process? x Public input is being sought multiple times through the process. At this stage the project is looking for route validation, what elements are resonating with the community and any opportunities that can be incorporated into the technical process. 10. Why were roads like Penn Avenue, Freemont Avenue or Emerson Avenue not represented as possible routes? x These roadway corridors are relatively narrow which would make implementation of light rail more disruptive to the surrounding community. In addition, these corridors already accommodate valuable METRO transit services through the planned D-Line and existing C-line arterial bus rapid transit (BRT). 3 | Page 11. Why was Highway 100 not considered as a possible route? x Although the Highway 100 corridor is relatively wide, it does not have the appropriate land use context for light rail. It also deviates rather far from the original LRT alignment and would likely serve fewer people and key destinations. 12. Why was Lyndale Avenue not considered as a route from West Broadway to Lowry Avenue? x North of West Broadway Ave, Lyndale Ave transitions to a two-lane roadway without much room to accommodate light rail, with houses that closely front the roadway. This would make implementation of light rail more disruptive to the surrounding neighborhood. 13. With this new direction for the project, when do we expect the light rail would actually start operating? x No projected opening date has yet been forecasted. There will be a minimum of 5 to 7 years before opening day. x The process to modify the route will require multiple years of environmental review and design, followed by construction. 14. Is there a chance that the project could fail again? x There is a high probability of success, however, these complex projects always carry risk throughout the project’s design and construction. 15. How might the various route options effect existing homes and businesses? x One of the Project Principles is to minimize residential, commercial, and environmental impacts. The project’s intent is to work within existing available public rights of way as much as possible to avoid direct impacts to homes and businesses. 16. Will this project lead to displacement? x Light rail projects create opportunities to advance community visions for investment and economic development that can help residents and businesses build wealth in place and improve quality of life. They can also raise concerns about displacement. Project partners hear these concerns and take them seriously and will be working closely with stakeholders at every level to identify existing and new tools to ensure this investment benefits all current and future corridor residents and prevent displacement. 17. What happens to the LRT stations that were planned in Golden Valley? x While these stations will mostly likely not be part of the revised project, Metro transit is committed to deliver environmentally sustainable transportation choices that link people, jobs and community conveniently, consistently and safely. 4 | Page 18. What happens to safety improvements along Olson Memorial Highway, including bike and pedestrian connections? x Without the light rail project other local planning efforts will need to be undertaken to help implement these solutions. Partnership with MnDOT and other agencies will need to be part of that process. 1 | Page Metropolitan Council and Hennepin County Introduce New Blue Line Extension LRT Route Options Metropolitan Council media contact: Trevor Roy, 218-590-2465, Trevor.Roy@metrotransit.org Hennepin County media contact: Kyle Mianulli, 612-596-9875, Kyle.Mianulli@hennepin.us Minneapolis, Minn. – March 11, 2021 – Today, the Metropolitan Council and Hennepin County released revised potential route options for the proposed METRO Blue Line Extension which will connect communities from Downtown Minneapolis northwest to Brooklyn Park. The routes represent technical and community discussions over several months since project partners announced a new direction for the project last August. Partners believe they present the best opportunities to deliver a light rail project that maximizes community benefits and connects even more people to jobs, education, healthcare and other key destinations. These route options provide an opportunity to advance a conversation many years in the making with the goal of identifying a single community-supported route by the end of this year to advance through official design and environmental review processes. “The routes released today are a big step forward for the Blue Line Extension Project,” said Met Council Chair Charles Zelle. “The Blue Line Extension is an important element of the region’s transportation system. While these potential routes are a good first step for seeing this project to completion, much work remains. We need community input from all our neighbors and businesses, because while these new routes begin the discussion, there will be more questions than answers at this early stage. For me the biggest measure of project success is community support, and the Met Council is determined to deliver a project the community feels is an investment that directly benefits those who currently live and work in the corridor cities. Last fall, project partners worked together with stakeholders and community and business members to create a set of project principles to guide project work and engagement, including: $WWDFKPHQW6 Press Release 2 | Page x Maintain the existing alignment as much as possible x Engage, inform, and consult diverse communities to co-create project solutions that reduce disparities x Complement existing and planned transit investments x Mitigate negative impacts x Meet Federal Transit Administration New Starts criteria View the full Project Principles Project leaders believe the revised route options meet those goals and are supported by our engagement conversations thus far. Presenting these possible options is a next step in a larger process of choosing a revised route and implementing a project that benefits corridor communities and the region. “As a Hennepin County Commissioner and North Minneapolis resident, I’m excited for the transformational benefits light rail will bring to our communities. The new direction of the Blue Line Extension is positioned to serve among the most racially and economically diverse communities in Hennepin, while also connecting transit-reliant residents to the broader regional transit system. This will change the trajectory of what’s possible for so many of our neighbors - connecting students to education, patients to healthcare, and workers to jobs. To pursue this work equitably, we must also recognize that large-scale public investments can accelerate patterns of residential and economic displacement, and work together to ensure this investment benefits corridor residents, builds community wealth, and meaningfully addresses decades-long patterns of disinvestment,” said Irene Fernando, Hennepin County District 2 Commissioner and chair of the Regional Railroad Authority. As project work continues, a new phase of engagement will kick off in the coming weeks. Project partners will work closely with community consultants to support engagement efforts with a focus on collecting community and business leaders input on the new route options, as well as potential community and economic development strategies and initiatives. Project leaders want to hear from the community about the new routes, potential station locations, important destinations and what they want to see from their transit system. Project staff will be performing outreach work in several different ways: x Virtual townhall meetings are scheduled for Thursday, March 25 and Tuesday, March 30 for community members to learn more, ask questions and provide feedback on the project. x A community survey is available on the project website for community members wanting to give feedback on the initial route options by April 30. x Project staff are available to provide presentations to community and business groups. x General projects comments can be submitted here. x Follow the project on social media: Facebook and Twitter. To learn about upcoming community townhall meetings, additional outreach efforts and to keep informed about upcoming Blue Line Extension project announcements, please visit the project website at www.BlueLineExt.org. Attachment 7      4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – MARCH 2021 Objective 1 – Policy Facilitation – strategic planning for continued implementation of Council priorities: o Thriving Business Climate ▪ Open To Business assistance available ▪ Information on various business assistance programs provided to CBA and other Crystal businesses o Create Strong Neighborhoods ▪ Code enforcement – on-going ▪ Implementation of Master Parks System Plan improvements – new play areas approved for Yunkers and Valley Place; spring/summer programming in works for Becker Park ▪ Home improvement loans/rebates available through CEE- on- going o Fiscally sound and stable policies and practices ▪ Long term financial planning on-going o Build inclusive community so all feel welcome ▪ Just Deeds initiative launched for removing discriminatory covenants from property titles Objective 2 - Continue to invest in long term plan/saving for capital projects o Monitoring fiscal impact of pandemic on budget o Police station project in process o Beginning work on 2022 budget Objective 3 - Coordinate community conversations regarding equity and inclusion o Facilitator hired; work session with Council scheduled for 3/11/21 Objective 4 - Evaluate operational expectations in light of lessons learned from pandemic adjustments o Staff adjusting to remote work and virtual meetings; finding creative ways to continue to provide services o Elected officials adjusting to virtual meetings and various options for public comment and participation Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 12, 2021 City Council Meeting Agenda Tuesday, March 16, 2021 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. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meeting: a. The City Council meeting on March 2, 2021. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Acceptance of the resignation of Meredith Torres-Walsh from the Parks and Recreation Commission. 3.4 Approval of a resolution to apply for a Minnesota Department of Natural Resources grant for renovating courts at Becker Park. 4. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas). Page 2 of 3 5. Public Hearing 5.1 The Mayor will open a public hearing to receive comment and the Council will consider a resolution approving a Tax Increment Financing (TIF) plan modification for District #4. As discussed at a recent Economic Development Authority meeting, tax increment funds from the Lamplighter TIF district (#2155) are used towards the city’s two home improvement programs, the Home Improvement Grant and Community Fix-Up Fund Interest Write-Down. TIF district #2155 will expire at the end of 2025, which means no additional increment will be collected in subsequent tax years. With the proposed TIF plan modification, it is expected there will be sufficient funds to continue the program until the TIF district’s fund balance is expended in early 2029. Modification of the TIF plan for district #4 (#2155) is necessary to revise the budget to reflect anticipated expenditures for these home improvement programs and tax increment to be received during the remaining life of the district. After holding the public hearing, recommend approval of the resolution approving the modification to the TIF plan. 6. Regular Agenda 6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider a resolution approving a conditional use permit application for Ambiance Café event space, 351 Willow Bend. Tiesa Bogard, tenant of the commercial space at 351 Willow Bend, has applied for a conditional use permit to operate an event center. Event centers are conditional uses in the commercial zoning district. At its March 8 meeting, the Planning Commission held a public hearing on the conditional use permit application and heard from one resident with concerns about noise from the event center. Events will be held within the building which will buffer any noise to the residents to the west. The Planning Commission recommended approval of the conditional use permit. 6.3 The Council will consider the following resolutions awarding contracts and agreements for the 2021 Street Resurfacing Project. a. Resolution awarding the construction contract for the 2021 Street Resurfacing project. b. Resolution authorizing execution of a joint powers agreement with the city of Robbinsdale regarding costs associated with the 2021 Street Resurfacing project. c. Resolution authorizing execution of a joint powers agreement with the city of Golden Valley regarding costs associated with the 2021 Street Resurfacing project. d. Resolution authorizing execution of a joint powers agreement with the city of New Hope regarding costs associated with the 2021 Street Resurfacing project. Earlier this year the Council approved the plans and specifications and authorized advertising for bids for this year’s street resurfacing (mill and overlay) project. Bids were received and came in below the estimate. Recommend approval of the resolution awarding the contract for the 2021 street resurfacing project and approval of the resolutions for joint Page 3 of 3 powers agreements with Robbinsdale, Golden Valley, and New Hope for costs associated with this project. 6.4 The Council will consider a resolution approving plans and specifications and authorizing bids for the new police station facility. Earlier this year the City Council rejected bids received last year for the police station project to allow for revisions to the plans and specifications required by the State as part of the State funds received for the project. Wold Architects and Kraus Anderson have revised the plans to meet various State requirements and the plans essentially preserve the features included in the original design as well as the exterior appearance. Recommend adoption of the resolution approving the updated plans and specifications and authorizing bids for the new police station facility. 6.5 The Council will consider approving a 2021 Labor Agreement with International Union of Operating Engineers, Local 49 (Public Works). After several mediation sessions, the 2021 contract with one of the city’s bargaining units, the International Union of Operating Engineers, Local 49 (Public Works) has been approved. The wage adjustment of 2% is consistent with Council direction and the 2021 budget and the city and employees share in the cost of health insurance. Recommend approval of the 2021 labor agreement with IUOE, Local 49. 6.6 The Council will consider approving 2021 wage and benefit contributions for non-represented employees. The City Council has a history of maintaining equity among bargaining units and non- represented employees. Assuming the Council approves the 2021 labor agreement with IUOE, Local 49, in the previous item, recommend approval of the same wage and insurance adjustments for 2021 for non-represented employees. 7. Announcements a. The next City Council meeting is Tuesday, April 6, at 7 p.m. in the Council Chambers at City Hall and via Zoom. 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 Have a great weekend. See you at Tuesday’s meeting. Crystal City Council meeting minutes March 2, 2021 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 March 2, 2021 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 deputy 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: Kiser, LaRoche, Adams, Banks, and Budziszewski. Council Member Cummings was present via Zoom. Council Member Parsons was absent. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Police Chief S. Revering, Recreation Director J. Elholm, Public Works Director M. Ray, Community Development Director J. Sutter, City Attorney T. Gilchrist and Deputy City Clerk K. Jones. Assistant City Manager/HR Manager K. Therres was present via Zoom. 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. By roll call and voting aye: Cummings, Kiser, LaRoche, Adams, Banks, and Budziszewski. Absent, not voting: Parsons. Motion carried. 3.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a.The City Council work session on February 11, 2021. b.The City Council meeting on February 16, 2021. c.The City Council work sessions on February 16, 2021. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Approval of Resolution No. 2021-19, accepting the following donations: $41 from donation boxes for Crystal Police Explorers. Moved by Council Member Banks and seconded by Council Member Kiser to approve the consent agenda. 3.1 Crystal City Council meeting minutes March 2, 2021 Page 2 of 3 By roll call and voting aye: Kiser, LaRoche, Adams, Banks, Budziszewski, and Cummings. Absent, not voting: Parsons. Motion carried. 4. Open Forum No public comment was given during open forum. 5. Regular Agenda 5.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to approve the list of disbursements over $25,000. By roll call and voting aye: LaRoche, Adams, Banks, Budziszewski, Cummings, and Kiser. Absent, not voting: Parsons. Motion carried. 5.2 The Council considered resolutions approving the plans and specifications and ordering the advertisement for bids for the 2021 Utility Reconstruction Project. Public Works Director Mark Ray addressed the Council. Moved by Council Member Banks and seconded by Council Member Kiser to adopt the following resolutions in one motion: RESOLUTION NO. 2021-20 APPROVING PLANS AND SPECIFICATIONS FOR THE 2021 UTILITY RECONSTRUCTION PROJECT RESOLUTION NO. 2021-21 ORDERING ADVERTISEMENT FOR BIDS FOR THE 2021 UTILITY RECONSTRUCTION PROJECT By roll call and voting aye: Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche. Absent, not voting: Parsons. Motion carried, resolutions declared adopted. 5.3 The Council considered a resolution approving the purchase of play areas for Yunkers Park and Valley Place Park. Recreation Director John Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Kiser to adopt the following resolution: 3.1 Crystal City Council meeting minutes March 2, 2021 Page 3 of 3 RESOLUTION NO. 2021-22 RESOLUTION IN SUPPORT OF PURCHASING PLAY AREAS FOR YUNKERS PARK AND VALLEY PLACE PARK By roll call and voting aye: Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 6. Announcements The Council made announcements about upcoming events. 7. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. By roll call and voting aye: Banks, Budziszewski, Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Parsons. Motion carried. The meeting adjourned at 7:19 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Katrina Jones, Deputy City Clerk 3.1 Page 1 of 1 City of Crystal Council Meeting March 16, 2021 Applications for City License Rental – New 2712 Louisiana Ave N – Hennepin RP Funding LLC (Conditional) 4527 Welcome Ave N – Thomas Kackman (Conditional) 5808-5812 36th Ave N – Haru Management LLC (Conditional) Rental – Renewal 5630 Adair Ave N – Steve Mohn (Conditional) 4547 Colorado Ave N – Maria Basurto 3000 Douglas Dr N – Minnesota Senior Living LLC (Conditional) 4825 Georgia Ave N – James Carroll 2817 Hampshire Ave N – Jose Bernal (Conditional) 2942 Idaho Ave N – CRGV Properties LLC 6910 Jersey Cir N – Justin Peterson (Conditional) 4649 Louisiana Ave N – Hee Yoon Kim 3533 Quail Ave N – Adrian Jimenez 3010 Sumter Ave N – Central Crystal Village LLC (Conditional) 5542 Toledo Ave N – Kathrin Long 4733 Welcome Ave N – Milkeesso Foge (Conditional) 4408 Yates Ave N – Ryan and Mandy Hardy 8009 33rd Pl N – CRGV Properties LLC 7105 52nd Ave N – Steve and Karen Grotting 7733 58th Pl N – Justin Sutkowski (Conditional) 3.2 3.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: March 11, 2021 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Grant Application to the Minnesota Department of Natural Resources The City of Crystal has a long-term plan for making capital improvements. One project identified for improvement in 2022 is surfacing and lights for the Becker Park tennis/pickleball courts. The lights are original to the site, and the courts are over 30 years old. The basketball court is the same age, and would be included as part of this project. The current court configuration includes a basketball court in one area and lines for both pickleball and tennis in another. However, the pickleball courts currently use tennis nets, which are at a slightly different height. With the area being rebuilt, there may be an opportunity to create up to six specific pickleball courts as part of this project; while retaining one tennis court. However, the final layout of this area has not yet been determined. The Minnesota Department of Natural Resources offers grants through their Outdoor Recreation Grant Program for projects such as this. The grants are for, “development, redevelopment or rehabilitation of outdoor recreation facilities on land owned by the applicant”. “Sports Fields and Courts” are an eligible recreation facility for this grant. The grant can fund up to 50% of the project with a maximum grant amount of $250,000. The approximate cost of asphalt work, sport court resurfacing, led lighting and items such as standards for nets would be $200,000; so, the maximum grant amount would be $100,000. Matching funds are available in the city’s parks fund. One condition of funding is that “all land improved or acquired with assistance from the grant program must be retained and operated solely for outdoor recreation into perpetuity”. This is the same condition that was put on Becker Park with the recent DNR grant for an inclusive play area. The grant application is due March 31, and it requires a resolution of support from the Crystal City Council. 3.4 CITY OF CRYSTAL RESOLUTION 2021 – RESOLUTION AUTHORIZING AN OUTDOOR RECREATION GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR SPORTS COURT IMPROVEMENTS AT BECKER PARK BE IT RESOLVED that the City of Crystal act as legal sponsor for the project contained in the Outdoor Recreation grant application to be submitted on March 31, 2021 and that Recreation Director John Elholm is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Crystal. BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Outdoor Recreation Grant Program Manual and, upon discovery, certifies it will report to the State any actual, potential, or perceived individual or organizational conflicts of interest to the application or grant award. BE IT FURTHER RESOLVED that the City of Crystal has the legal authority to apply for financial assistance, and it has the financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Crystal has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that the City of Crystal has or will acquire fee title or permanent easement over the land described in the site plan included in the application. BE IT FURTHER RESOLVED that, upon approval of its application by the State, the City of Crystal may enter into an agreement with the State for the above-referenced project, and that the City of Crystal certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that Recreation Director John Elholm is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Crystal on March 16, 2021 SIGNED: WITNESSED: (Signature – Jim Adams) (Signature – Christina Serres) Mayor City Clerk (Title) (Date) (Title) (Date) 3.4 Page 1 of 2 __________________________________________________________________________ FROM: DATE: TO: John Sutter, Community Development Director March 10, 2021 Anne Norris, City Manager (for March 16 Council meeting) SUBJECT: Public hearing - Resolution approving a TIF plan modification The City of Crystal has two home improvement programs, the Home Improvement Grant and Community Fix-Up Fund Interest Write-Down. These are financed with a combination of funds from Tax Increment Financing (TIF) District #4 (#2155) and the EDA tax levy. In 2020, program expenditures were $237,186 (85%) from TIF and $42,208 (15%) from EDA. TIF funds are used for projects located in the redevelopment project area when the household income is ≤100% of area median income (AMI) for 1-2 person households and ≤110% of AMI for 3+ person households. EDA funds are used for projects that are not eligible for TIF funds but are still eligible for the programs because their household income is ≤110% AMI regardless of household size. For example: ‐ A 1-2 person household with an income between 100-110% AMI would need funding from the EDA funds even if they are located within the redevelopment project area. ‐ Any project located outside the redevelopment project area would need funding from the EDA funds, subject to the overall maximum household income of 110% AMI. The TIF district will expire at the end of 2025, which means no additional increment will be collected in subsequent tax years. Please see the attached charts which provide a forecast of the revenues, expenditures and fund balance for the TIF district until its anticipated final expenditures in early 2029. At some point during the years 2026-2028, the City Council and EDA board will need to decide whether to continue the home improvement programs after 2028, and if so, determine a funding source to be used after the available tax increment is expended. The proposed TIF plan modification would revise the budget for District #4 (#2155) to reflect anticipated expenditures for these home improvement programs and tax increment to be received during the remaining life of the district. The TIF plan modification is attached. On March 2, the EDA adopted a resolution approving the TIF plan modification, and on March 8 the Planning Commission adopted a resolution finding it to be in conformance with the Comprehensive Plan. COUNCIL STAFF REPORT TIF Plan Modification 5.1 Page 2 of 2 The final approval needed is from the City Council. After holding the public hearing, Staff recommends adoption of the attached resolution approving the TIF Plan modification for District #4 (#2155). Attachments: 1. Proposed City Council resolution 2. Planning Commission resolution adopted March 8 3. EDA resolution adopted March 2 4. Map showing the Redevelopment Project Area and TIF District #4 (#2155) 5. Charts showing anticipated sources, uses and fund balance for TIF District #4 (#2155) 6. Proposed TIF Plan Modification 5.1 704997v1 MNI CR150-4 CITY OF CRYSTAL, MINNESOTA RESOLUTION NO. _____________ RESOLUTION APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 BE IT RESOLVED by the City Council of the City of Crystal, Minnesota (the “City”), as follows: Section 1. Recitals 1.01. The City and the Economic Development Authority of the City of Crystal (the “Authority”) have heretofore established Redevelopment Project No. 1 (the “Redevelopment Project”) and adopted a redevelopment plan therefor (the “Redevelopment Plan”) and have adopted a tax increment financing plan (the “TIF Plan”) for Tax Increment Financing District No. 4 (the “TIF District”), located within the Redevelopment Project, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.090 to 469.1082, and Sections 469.174 through 469.1794, as amended (collectively, the “Act”). 1.02. The City and Authority have adopted previous modifications to the Redevelopment Plan and TIF Plan to clarify expenditures and to authorize additional expenditures needed to meet the continuing needs of the Redevelopment Project. 1.03. The City and Authority have now determined a need for additional modification in order to increase the budget of the TIF District (the “Modification”), as described in the “Modification to Redevelopment Plan, Redevelopment Project No. 1 and Modification to Tax Increment Financing Plan for Tax Increment Financing District No. 4” (the “Modified Plan”) presented to the City on this date. 1.04. Pursuant to Section 469.175, subdivision 4, because the Modification will increase the costs to be paid or financed with tax increment, the City Council may approve such modification only upon the notice and following the discussion, public hearing, and findings required for the approval of the original TIF Plan. 1.05. Pursuant to Section 469.175, subdivision 2 of the Act, the Modified Plan and the estimates of the fiscal and economic implications thereof were presented to the School Board of Independent School District No. 281 (the “School District”) and the Board of Commissioners of Hennepin County (the “County”) on February 12, 2021, and both the School District and the County agreed to waive all notice requirements under the Act. 1.06. The Authority approved the Modified Plan on March 2, 2021, subject to approval of the Modified Plan by the City Council following a duly noticed public hearing. 1.07. In accordance with the Act, the Modified Plan was referred to the Planning Commission of the City for consideration on March 8, 2021, and the Planning Commission found that the Modified Plan conforms to the general plan for the development of the City as a whole. 1.08. On the date hereof, the City Council conducted a duly noticed public hearing relating to the Attachment 1 5.1 704997v1 MNI CR150-4 proposed Modified Plan, and the views of all interested parties were heard at the public hearing. Section 2. Findings; Redevelopment Project 2.01. It is found and determined that the Redevelopment Plan remains in full force and effect and that the goal of the Redevelopment Plan is to encourage development and redevelopment in accordance with the general plan of development of the City as a whole. Section 3. Findings; TIF District No. 4 3.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Redevelopment Project, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the Act be exercised by the City to provide public financial assistance to the TIF District and the Redevelopment Project. 3.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the Modified Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. 3.03. The proposed public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF District and the Redevelopment Project in terms of improved and diverse housing stock within the City. 3.04. The TIF Plan, as modified, conforms to the general plan of development of the City as a whole. 3.05. The TIF Plan, as modified, will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the Redevelopment Project by private enterprise. 3.06. The Modified Plan does not change the classification or boundaries of the TIF District. The TIF District remains classified as a housing district under Section 469.174, subdivision 11 of the Act as applicable as of the date of request for certification. 3.07. Reasons and facts supporting the above findings are set forth in the Modified Plan and are incorporated herein by reference. The City Council has also relied upon the reports and recommendations of its staff and consultants as well as the personal knowledge of members of the City Council in reaching its conclusions regarding the Modified Plan. Section 4. Modified Plan Adopted; Filing 4.01. The Modified Plan is hereby approved and adopted. 4.02. The geographic boundaries of the Redevelopment Project and the TIF District are not changed by this action. 4.03. City staff is authorized and directed to file a copy of the Modified Plan with the Hennepin County Taxpayer Services Division, the Office of the State Auditor and the Minnesota Commissioner of Revenue as required by the Act; provided that nothing herein shall be deemed to constitute a request for certification of any parcel or TIF District. 5.1 704997v1 MNI CR150-4 Approved by the City Council of the City of Crystal, Minnesota this 16th day of March, 2021. 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Section 469.175 Subd. 2(b) ZLWKLQGD\VDIWHUUHFHLSWRIWKHWD[LQFUHPHQWILQDQFLQJSODQ  1RUHTXHVWVIRUDGGLWLRQDOLQIRUPDWLRQIURPWKHFRXQW\RUVFKRROGLVWULFWUHJDUGLQJWKH SURSRVHGGHYHORSPHQWIRUWKH'LVWULFWKDYHEHHQUHFHLYHG  5.1 Crystal Economic Development Authority Tax Increment District No. 4 A-1 Appendix A: Map of Redevelopment Project No. 1 and the TIF District 5.1 Appendix B: Estimated Budget for the District TIF Plan Budget Summary Original Modification No 1 Modification No 2 Modification No 3 February 16, 1999 March 21, 2000 December 1, 2008 March 16, 2021 SOURCES Tax Increment $ 5,416,506 $ 5,416,506 $ 5,416,506 $ 5,725,000 Interest - - 500,000 572,500 Sale of Property - - 300,000 300,000 Developer Reimbursement - - 25,000 - Loan Repayments - - - 550,000 TOTAL $ 5,416,506 $ 5,416,506 $ 6,241,506 $ 7,147,500 USES Land/Building Acquisition $ 1,125,000 $ 1,230,000 $ 1,200,000 $ 150,000 Site Improvements/Preparation 515,000 525,000 1,417,000 1,725,000 Utilities - 150,000 675,000 - Other Qualifying Improvements 1,352,000 900,000 375,000 3,777,500 Administrative Costs (up to 10%) 631,351 535,000 541,651 645,000 PROJECT COSTS TOTAL $ 3,623,351 $ 3,340,000 $ 4,208,651 $ 6,297,500 Interest 1,793,155 2,076,506 2,032,855 850,000 PROJECT AND INTEREST COSTS TOTAL $ 5,416,506 $ 5,416,506 $ 6,241,506 $ 7,147,500 5.1 5.1 DATE:March 9, 2021 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount City of Brooklyn Park Annual recycling administration fee $75,080.00 Center for Energy & Environment Home improvement loan program costs $38,117.16 Golden Valley JWC January water costs and 2021 capital improvement $530,460.36 Electric Pump South lift #3 pump replacement $29,211.57 Street Smart Rental, Inc.New truck mounted message boards $25,190.00 Wold Architects and Engineers New police station building architect fees $39,051.53 HealthPartners, Inc.March health insurance premiums $124,678.00 MN PERA Employee & city required contributions for 03/05/21 pay date $60,660.17 Metropolitan Council Environ Svs Wastewater service for March $143,035.56 Waste Management (HRG)January HRG recycling costs $52,400.41 $1,117,884.76 Description 6.1 351 WILLOW BEND – CONDITIONAL USE APPLICATION PAGE 1 OF 5 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for March 16 Meeting) DATE: March 11, 2021 RE: Consider adoption of a resolution approving a conditional use permit to allow Tiesa Bogard to operate an event center at 351 Willow Bend at the Crystal Shopping Center A.INTRODUCTION Tiesa Bogard (nickname is Tiesha) is proposing to operate an event center at 351 Willow Bend (formerly Caribou Coffee) at the Crystal Shopping Center located at 6801 –56th Avenue North. The property is zoned Commercial (C) and event centers are a conditional use within that zoning district. Notice of the March 8 public hearing was published in the Sun Post on February 25 and mailed to property owners within 500 feet (see attachment A), and posted to the Becker, Broadway and North Lions neighborhoods on Nextdoor. A sign was also posted on the property and a hearing notice was sent to the City of New Hope since the property is adjacent to the New Hope/Crystal boundary line. At the March 8 Planning Commission public hearing, the Commission unanimously recommended approval of the conditional use permit (CUP) application. Attachments: A.Site location map showing public hearing notification area B.Existing zoning map C.Project narrative submitted by applicant D.Existing floor plan E.Resolution COUNCIL STAFF REPORT Event Center – 351 Willow Bend (Crystal Shopping Center) 6.2 351 WILLOW BEND – CONDITIONAL USE APPLICATION PAGE 2 OF 5 2020 Aerial Photo: 6.2 351 WILLOW BEND – CONDITIONAL USE APPLICATION PAGE 3 OF 5 B. BACKGROUND Existing use The 1,600 square foot commercial unit will, upon opening, be used for a restaurant called the “Ambiance Café”, which is a permitted principal use. The applicant leases the space from the shopping center owner. Adjacent uses The following are the existing land uses and zoning districts surrounding th e space: • North and West – Businesses on 56th Ave N/Bass Lake Road (Commercial in Crystal, Community Business in New Hope) • Southwest – Single-family residential (Low Density Residential) • South – Crystal Shopping Center property (Commercial) • East – Crystal Shopping Center property (Commercial) Proposed use The applicant is proposing to add another principal use, an event center, to be located within the café space, but operating independently from the restaurant. Event centers are defined in the Unified Development Code (UDC) as follows: A facility or building available for lease by private parties that may include kit chen facilities for the preparation or catering of food or the sale of alcoholic beverages for on-premises consumption during scheduled events which are not open to the public. The facility space may be used by various groups for social gatherings, meetings, parties, weddings, receptions, or dances. Despite the relatively small scale of this particular event center, it clearly meets the definition of an event center in the UDC and a Conditional Use Permit is required. With the CUP, the event center will be an approved principal use in addition to and not dependent on the café. This means the business owner can close the café and use the space as an event center as often as customer demand dictates. The applicant is not making any alterations to the building exterior or to the site itself. The events will be smaller in scale, such as business meetings and birthday parties. These events are currently held off-site, but the applicant is proposing to hold these events indoors on this property if the CUP is approved. The West Metro Fire Rescue District (WMFRD) has reviewed this proposal and has indicated that the maximum number of people that can occupy the space , whether for café use or special events, is 99. The applicant has indicated that the café will be closed at those times when the special events are held. Since parking was deemed adequate for the café use, and the maximum number of patrons is the same for the event center, parking is found to be adequate for the event center use. In addition, parking spaces in the shopping center are for use by all businesses, and these businesses operate on staggered schedules. This schedule provides for space availability at different times of the day. 6.2 351 WILLOW BEND – CONDITIONAL USE APPLICATION PAGE 4 OF 5 Public Comment At the March 8 Planning Commission public hearing, one member of the public expressed concern about the proposal: ➢ The event center may have loud music and attendees will park in the residential neighborhood west of the shopping center. Staff response: Since the events will be held entirely within the building and be buffered from the residential neighborhood by other commercial buildings, it is unlikely that noise will disturb the residents. It is also unlikely that attendees will park in the neighborhood since that area is quite far from the event center and attendees will find it easier to park in the shopping center. C. CONDITIONAL USE PERMIT CUP criteria The following are the relevant criteria in city code sectio n 510.19 for approval of CUPs. The applicant has also provided their own response to th ese criteria in attachment C. (a) The proposed use has been approved as a conditional use in the zoning district for which it is proposed. Findings: Event centers are a conditional use in the Commercial (C) zoning district. (b) The conditional use will be in accordance with the general object ives, or with any specific objective, of the city’s comprehensive plan and this UDC . Findings: On the 2040 Planned Land Use map, the property is guided as Mixed Use. The event center conforms to that designation. (c) The conditional use will be designed, c onstructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. Findings: The property has been a commercial use for many years and the addition of an event center will not change the character of the area. The existing restaurant space is located approximately 200’ from the property line of the nearest residential property. (d) Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Findings: The proposed event center will not generate unusual noise impacts beyond those normally associated with a restaurant. (e) Parking is adequately provided for the proposed conditional use. 6.2 351 WILLOW BEND – CONDITIONAL USE APPLICATION PAGE 5 OF 5 Findings: As described in section B, above, parking is adequately provided for the proposed event center. (f) In the approval of a conditional use permit, the City Council may impose such conditions as it determines is necessary to make the use compatible with other uses allowed in the same district zone or vicinity. Findings: Staff is not recommending any conditions for approval of the CUP. D. REQUESTED ACTION At the March 8, 2021 Planning Commission meeting, the Commission recommended by a vote of 8 to 0 (one member absent) that the City Council approve the conditional use permit to operate an event center at 351 Willow Bend in the Crystal Shopping Center located at 6801 - 56th Avenue North. City Council motion is requested to approve the proposed resolution (attachment E). 6.2 Site Location and Public Hearing Notice Mailing Map 351 Willow Bend at Crystal Shopping Center 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 6.2 Zoning Map 351 Willow Bend at Crystal Shopping Center 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 6.2 Conditional Use Permit Project Narrative a) The current zoning district for the property is commercial zoning b)The existing use for the property is currently a café c)The proposed use for the property would remain a café in addition to a micro event location providing a space for bridal/baby showers, business luncheons, micro weddings & birthday dinners d)The purposed use is allowed in the applicable zoning district as a conditional use e)Restaurants are in accordance with objectives to this property and purpose use will be complimentary to café use f)No alterations or changes to space will be made everything will remain the same g)Noise will be controlled by keeping all events indoors event sizes will be smaller in size not accommodating larger group sizes any music played at an event will be kept at a decent sound staying compliant to code and all music ending by 10pm Sunday-Thursday and midnight on Fridays and Saturday . No Exterior lighting will be added location currently already has adequate exterior lighting.Hours of operation for any events planned on Sunday-Thursday will not go past 10pm and any events on Friday & Saturday will not go after midnight h)Parking is adequately provided for the proposed use per city code section 515 to make sure adequate parking is available Café will be closed during any micro event to reduce the extra need of parking i)In the future Ambiance Café will consider applying for a wine and beer license through the state j)The property is not located on a floodplain Attachment C 6.2 Attachment D 6.2 DOCSOPEN-CR225-30-707371.v2-3/8/21 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2021- _______ RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN EVENT CENTER WHEREAS, Tiesa Bogard (“Applicant”) submitted an application to the City of Crystal (“City”) for a conditional use permit to allow the operation of an event center at 351 Willow Bend at the Crystal Shopping Center located at 6801 – 56th Avenue North in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s request on March 8, 2021 and voted to forward the application to the City Council with a recommendation that the requested conditional use permit be approved with certain conditions; and WHEREAS, the City Planner’s report (“the Planner’s Report”) dated March 11, 2021 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the conditional use permit as recommended by the Planning Commission would be in compliance with the applicable rules and regulations of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein and in the Planner’s Report, hereby approves and issues a conditional use permit to allow for the operation of an event center on the Property, subject to compliance with the Crystal City Code and all of the following conditions of approval: 1.Compliance. This conditional use permit is subject to the applicable requirements of the Crystal city code. The Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 2.No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this conditional use permit shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. Attachment E 6.2 DOCSOPEN-CR225-30-707371.v2-3/8/21 3. Revocation. The violation of any terms or conditions of this conditional use permit including, but not limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances, may result in revocation of the conditional use permit. The applicant shall be given written notice of any violation and reasonable time, as determined by the City, to cure the violation before a revocation of the permit will occur. 4. Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the applicant, their successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership, until the conditional use permit is terminated or revoked as provided herein. The obligations of the applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the property. 5. Acceptance of Conditions. Utilization of the property for any of the uses allowed by this conditional use permit shall automatically be deemed acceptance of, and agreement to, the terms and conditions of this conditional use permit without qualification, reservation, or exception. Adopted by the Crystal City Council this 16th day of March 2021. ____________________________ Jim Adams, Mayor ATTEST: _____________________________ Chrissy Serres, City Clerk 6.2 DOCSOPEN-CR225-30-707371.v2-3/8/21 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Crystal Shopping Center Addition, and situate in Hennepin County, Minnesota. 6.2 DOCSOPEN-CR225-30-707371.v2-3/8/21 EXHIBIT B Planner’s Report (attached hereto) 6.2 Memorandum DATE: March 16, 2021 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: Awarding contracts and agreements for 2021 Street Resurfacing Project On January 19, 2021 the Council approved the plans and specs and ordered the advertisement for bids for the 2021 Street Resurfacing Project. Bids for the project were opened electronicly via QuestCDN.com vBid and read aloud virtually via ZOOM Meeting on March 9, 2021. Nine bids were received and listed below: 1)GMH Asphalt Corporation $982,667.70 2)Northwest $995,662.70 3)T. A. Schifsky & Sons, Inc $999,762.47 4)Asphalt Surface Technologies Corp.$1,021,316.20 5)North Valley, Inc.$1,038,224.57 6)Park Construction Company $1,052,288.80 7)C.S. McCrossan Construction, Inc.$1,100,169.50 8)Valley Paving, Inc $1,110,110.00 9)Bituminous Roadways Inc.$1,225,000.00 Staff has reviewed the bids and found them to be accurate and in order. GMH Asphalt Corporation has done similar work in neighboring cities (Golden Valley). Project Cost The project cost above includes $25,678.15 for the Cities of New Hope, Robbinsdale and Golden Valley share of project. Crystal’s total portion of the project is $956,989.55. The total available funding for the project is $1,318,436. Crystal’s project construction cost is $361,473.45 under the engineer’s estimate. There will be no special assessments for this project. Based on the bid pricing, staff will be looking to include some additional streets that were going to be delayed to 2022’s project due to budget concerns. Even with the additional work, the overall City project will still be under budget by at least $235,000. 6.3 Joint Powers Agreements As has occurred with past projects where the project limits included other cities, the other Cities will be paying for their portion of the work. This project includes work in New Hope, Golden Valley, and Robbinsdale. The Joint Powers Agreement with each City is basically the same as has been used for previous projects. Project Communication After staff has met with the contractor and the schedule has been determined, a mailing will be sent to all the properties in the project area providing an update. Mailings will also go to streets that are being added to the project. Schedule • The work is scheduled to be completed by October, 2021 Attachments • Project Location Map • Construction Contract • Joint Powers Agreement with New Hope • Joint Powers Agreement with Golden Valley • Joint Powers Agreement with Robbinsdale Recommended Action Motion authorizing the contract with GMH Asphalt Corporation for the 2021 Street Resurfacing Project. 6.3 40th Ave N Adair Ave NAdair Ave NAdair Ave NAdair Ave NZane Ave NZane Ave NZane Ave NZane Ave NZane Ave NZane Ave NXenia AveNWelcome Ave N34th Ave N 34th Ave N 34th Ave N 34th Ave N 36th Ave N 36th Ave N 36th Ave N 36th Ave N 36th Ave N 36th AveN 36thAve N 36th Ave N 36th Ave N 36th Ave NVeraCruzAveN RegentAveNRegent Ave NRegent Ave NRegent Ave NRegent Ave NT oledoAveNUnityAveN38th Ave N 38th Ave N Quail AveN41 1/2 Ave N Douglas Dr NDouglas Dr NDouglas Dr NDouglas Dr NDouglas Dr N40th Ave N 40th Ave NL a k e l a n d A v e NScottAv e N41stAveNW e s t B r o a d w a y W e s t B r o a d w a yLake Dr42nd Ave N 42nd Ave N 42nd Ave N 42nd Ave N 42nd Ave N 42nd Ave N 42nd Ave N 42nd Ave N 33rd Ave N Noble Ave NNoble Ave NNoble Ave N41st Ave N 34th Ave N 34th Ave N 43rd Ave N41st Ave N 37th AveN40th Ave NEdgewood Ave NGeorgia Ave NNevadaAveNLouisiana Ave NLouisianaA v e N41st Ave N 38th Ave N Lakel a ndAve N 35th Ave N 35th Ave N 41st A v e N Kentucky Ave NKentuckyAveNWelcomeAveNWelcome Ave NWelcome Ave NNevada AveNHu b b a r d A v e N H u b b a r d A v e N 38th Ave NJ erseyAveN 4 0th Ave N 43rd Ave N 43rd Ave N Vera Cruz Ave NVera Cruz Ave NYates Ave NYates Ave NYates Ave NXenia Ave NXenia Ave N41st Ave N Idaho Ave NIdaho Ave NR a i l r o a d A v e N 39th Ave N37th Ave N Brunswick Ave NHampshire Ave NHampshire Ave NFlorida Ave N40 1/2 Ave NMarkwood Dr NMarkwood Dr N38th Ave N Lilac DrNLee Ave NLeeAveNLee Ave NParkerTrlColorado Ave NGeorgia Ave NHampshire Ave N40th Ave N L a ke Rd 41st Pl N 38th Ave N 38th Ave N 39th Ave N 39th Ave N 35th Ave N 35th Ave N 39th Ave N 41st Ave N 40th Ave N 40th Ave N 39th Ave N Jersey Ave N37th Ave NParkerGrn HalifaxAveN39 1/2AveN42 1/2Ave NJune Ave NKyle Ave NMajor Ave NMajorAveNMajor Ave NStateHighway100State Highway 100StateHighway100StateHighway10040 1/2Ave N Edgewood Ave NScott Ave N 42 1/2 Ave N Perry Ave NScottAveNHalifa x A ve NParker C irColorado Ave NOrchard AveNBrunswick Ave NBrunswick Ave NJersey Ave NJerseyAveNJersey Cir N M a j o r A v e N H u b b a r d A v e NMaryland AveNIndiana Ave NLakeCurveLouisiana Ave NMaryland Ave N3 9 t h A veNC o u n t y R o a d 8 1 County R o a d 8 1Xenia Ave NR a i l r o a d A v e NScott Ave NLakeland A v eNValley Pl N Xenia Ave NUnity Ave N35th Pl N Quail Ave NQuail Ave NQuail Ave NHill Pl N Orchard Ave NOrchard Ave NOrchard Ave NPerry Ave NPerry Ave NPerry Ave NLa k eland Ave N Georgia Ave NIdaho Ave NToledoAveNQuail Ave NDra ke Rd La k e v i e w A v e N 39th Ave N 37th Ave N Welcome Ave NXenia Ave NYatesAveNAdair Ave NVeraCruzAveNFlorida Ave NB N S F R a i l r o a d B N S F R a i l r o a d B N S F R a i l r o a d B N S F R a i l r o a d B N SFRai l r oadBNSF RailroadLakeland AveN Indiana Av e NMaryland Ave N34th Pl NYatesAveN ´ 0 0.25 0.5 Miles City of Crystal 2021 Bituminous Street Resurfacing City Project 2021-02 4141 Douglas Drive NorthCrystal, MN 55422 Highway 1002021 Mill & Overlay Crystal Hwy 10042nd Ave 58th Ave 27th Ave 36th Ave Winnetka AveDouglas DriveBass Lake Road-56th Ave 42nd Ave 36th Ave W e s t B r o a d w a y Louisiana Ave0 ¼½¾1 1¼ Miles Project AreasC.R . 8 1 /B o t t i n e a u L akelandAveN Wilshire BlvdBN S F R a i l r o a d BN S F R a i l r o a d CP Railroad CP Railroad C o u nty R o a d 8 1 C o u n t y R o a d 8 1Xenia Ave NL a k e l a n d A v e N L a k e l a n d A v e N Hanson Ct N Exhibit B 6.3 CONSTRUCTION CONTRACT City of Crystal 2021 Bituminous Street Resurfacing and Street Reconstruction Project No. ___2021-02___ This Construction Contract (“Contract”) is made and entered into this _____ day of ______________, 2021, by and between the City of Crystal, a Minnesota municipal corporation, 4141 Douglas Drive North, Crystal, MN 55422 (“City”) and ______________________, a ________________ _______________ (“Contractor”). RECITALS A. The City desires to hire a contractor to provide all equipment, materials, and personnel as may be needed to provide the services described in the attached Exhibit G (“Project”); B. The City undertook the sealed bid procedure and awarded the contract for the Project (the “Contract”) to the Contractor; and C. The Contractor is agreeable to and desirous of the work as needed to complete the Project in accordance with the terms and conditions of the contract documents. AGREEMENT In consideration of the mutual promises and agreements contained herein, and intending to be legally bound, the City and the Contractor hereby agree as follows: 1. Contract Documents. The following, together with this Construction Contract document, constitute the contract documents for this Project and are incorporated in and made part of the Contract: (a) Advertisement for Bids (attached as Exhibit A); (b) Project Location Map (attached as Exhibit B); (c) Instructions to Bidders (attached as Exhibit C); (d) Contractors Bid (attached as Exhibit D); (e) General Contract Provisions (attached as Exhibit E); (f) General Requirements and Covenants (attached as Exhibit F); (g) Special Contract Provisions (attached as Exhibit G); (h) Plan Sheets (attached as (Exhibit H); (i) Contractor’s Bid Bond, Performance Bond and Payment Bond; (j) Contractor’s Certificates of Insurance; and 2. Work. The Contractor agrees to provide all equipment, materials, and personnel as needed to complete the Project in accordance with standards, specifications, and plans adopted by the 6.3 City for the Project and the terms and conditions of the Contract, which incorporates all of the identified contract documents attached hereto as Exhibits A-H (collectively the “Work”) 3. Contract Price. City agrees to pay Contractor consistent with the General Contract Provisions in Exhibit E for the satisfactory completion of the Work in accordance with the Contractor’s bid, attached as Exhibit D, and the actual quantities of the unit price items used to complete the Work. 4. Insurance Requirements. The Contractor shall maintain during the entire term of this Contract at least the following insurances with at least the following coverage amounts, all of which shall comply with applicable provisions of the General Contract Provisions: (a) Workers’ Compensation: (1) State: Statutory Amounts (2) Applicable Federal: Statutory Amounts (3) Employer’s Liability: i. Bodily Injury by Accident $100,000 Each Accident ii. Bodily Injury by Disease $100,000 Each Accident iii. Bodily Injury by Disease $500,000 Policy Limit (b) Commercial General Liability: (1) General Aggregate $2,000,000 (2) Each Occurrence(Bodily Injury/Property Damage) $1,500,000 (3) Excess or Umbrella Liability i. General Aggregate $5,000,000 ii. Each Occurrence $5,000,000 (c) Automobile Liability: (1) Bodily Injury: i. Each Person $1,000,000 ii. Each Accident $1,000,000 (2) Property Damage: i. Each Accident $1,000,000 ii. Each Accident $1,000,000 (3) Combined Single Limit: $1,000,000 5. Project Timing. The Work shall be completed in accordance with the following schedule: (a) Substantial completion on or before October 1, 2021. (b) Final completion on or before October 15, 2021 (c) Ready for final payment on or before December 3, 2021 6. Required Submittals. The Contractor agrees to provide the City all of the following before commencing any of the Work on the Project: 6.3 (a) Certificates of insurance showing the types and amounts of insurance required by this Contract and naming the City as an additional insured on the Contractor’s commercial general liability policy; (b) Performance bond and payment bond each for the total amount of the Contractor’s bid; (c) List of all subcontractors; (d) Responsible Contractor Statements from the Contractor and all subcontractors; and (e) Affidavit of Non-Collusion. 7. Notices. Any notices provided under this Contract shall be delivered or mailed to the following: (a) To the City at: Mark Ray City Engineer City of Crystal 4141 Douglas Drive North Crystal, MN 55422 (b) To the Contractor at: _________________ _________________ _________________ 8. Controlling Provisions. The provisions of the documents constituting the Contract shall be read together and reconciled to the greatest extent reasonably possible. To the extent there are any conflicting provisions that cannot be reconciled, the more specific provision shall generally be controlling. To the extent the conflicting provision is contained in the Special Contract Provisions (Exhibit G) or in the General Requirements and Covenants (Exhibit F), the provisions contained in such documents shall be controlling. IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year first written above. CONTRACTOR By: Print Name Its: Title Signature Date: 6.3 CITY OF CRYSTAL By: Its Mayor Signature By: Its Manager Signature Date: 6.3 G:\Projects\2021\2021-02 2021 Contract Mill & Overlay\Agreements\New Hope\JPA_for_MO_NH_and_CRY FINAL 11.30.20.docx 2021 – 38th AVENUE NORTH BITUMINOUS STREET RESURFACING PROJECT CRYSTAL – NEW HOPE JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into this _____day of ___________, 2021, by and between the City of Crystal, a municipal corporation under the laws of the State of Minnesota (“Crystal”), and the City of New Hope, a municipal corporation under the laws of the State of Minnesota (“New Hope”), collectively referred to as the “Cities” and individually as a “City.” RECITALS A. The Cities have been planning on coordinating street maintenance work on 38th Avenue North between Louisiana Avenue North and Douglas Drive, which shares a common boundary between the Cities. B. 38th Avenue North is due for bituminous resurfacing. C. The Cities desire to work jointly to complete the contracted Bituminous Street Resurfacing project on 38th Avenue North between Louisiana Avenue North and Douglas Drive (collectively, the “Work” or “Project”). D. Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. E. The scope of the Work has been negotiated between the Cities and has been incorporated into the plan set entitled “2021 Bituminous Street Resurfacing” as prepared by Crystal (the “Scope of Work”). F. Crystal has developed the plans and specifications for the Work (“Plans and Specifications”). G. Crystal prepared a cost estimate for the Project (“Pre Bid Project Cost Estimate”), attached hereto and incorporated herein as Exhibit A. The Pre Bid Project Cost Estimate includes the estimated construction cost of two thousand, nine hundred and twelve dollars and twenty cents ($2,912.20) for the portion of the Project located within the corporate limits of New Hope. The administrative costs (as those terms are defined herein) are in addition to this estimated construction cost and bring the total Pre Bid Project Cost Estimate to three thousand, four hundred ninety four dollars and 64 cents ($3,494.64). H. New Hope has reviewed and approved the Scope of Work and agreed to pay the cost of the Work within the corporate limits of New Hope. 6.3 2 I. Crystal has agreed to pay the cost of the Work within the corporate limits of Crystal and to administer and supervise the Work in accordance with the Scope of Work and the Plans and Specifications. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the Cities hereby agree as follows: 1. Design and Bidding. The Plans and Specifications, as they may be amended from time to time, are incorporated into and made part of this Agreement. Crystal is responsible for advertising for bids for the Project, receiving and opening bids pursuant to said advertisement and entering into one or more contracts with the successful bidder (“Contractor”) at the unit prices specified in the successful bid, all according to the applicable procedures under Minnesota law. The contract (the “Contract”) shall include the Plans and Specifications and reflect the Scope of Work. Crystal shall require the Contractor to name New Hope as an additional insured on its commercial general liability insurance policy. 2. Project Administration. Crystal shall administer all aspects of the Project and shall inspect all completed Work. The New Hope City Engineer shall cooperate with the Crystal City Engineer and the Crystal City Engineer’s staff upon request to aid in the administration of the Project, but shall have no responsibility for the supervision of any of the Work. 3. Additional Work. Crystal may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. Crystal may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the Contractor for the performance of any and all additional or new work it deems necessary, advantageous, or desirable. If a proposed change exceeds the original Scope of Work jointly contemplated by the Cities, Crystal shall not make the change unless it is first approved by the New Hope City Engineer. 4. Construction Easements. New Hope shall grant Crystal a temporary license for construction, at no cost to Crystal, over those lands owned by New Hope that are a part of the right-of-way required for the completion of the Work. J. Apportionment of Cost. The total cost of the Work shall be apportioned between the parties as follows: a. Each City shall pay the quantity price of items attributable to the portion of the Work occurring within its own municipal boundaries (the “Quantity Price”). The Quantity Price shall be determined based on the unit process set forth in the Contract with the Contractor and the final quantities as measured by the Crystal City Engineer. The Cities understand and agree 6.3 3 that the Crystal City Engineer’s Pre Bid Project Cost Estimate is only an estimate and the Quantity Price may be more or less that the figures shown in the Pre Bid Project Cost Estimate. b. In addition to the Quantity Price, New Hope shall pay to Crystal an amount equal to 20% of its share of the Quantity Price to cover its share of the legal, engineering, and City staff time (the “Administrative Costs”) incurred by Crystal for the Project. 5. Payment. Upon acceptance of the successful bid, Crystal shall provide New Hope an estimated construction cost based upon the contract prices and estimated quantities in the Contractor’s bid, the Administrative Costs, and all other costs required to complete the Work (collectively, the “Post Bid Estimated Cost”). Within 60 days after receipt of the Post Bid Estimated Cost, New Hope shall deposit with the Crystal Director of Finance 90% of New Hope’s share of the Post Bid Estimated Cost. All remaining amounts due from New Hope, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to Crystal within 60 days of final completion of the Work. Upon completion of the Work, Crystal shall submit to New Hope a copy of the Crystal City Engineer’s Quantity Price report, which shall show each City’s final share of the Quantity Price, and the amount of Administrative Costs owed by New Hope. Upon payment by Crystal of the final amount due to the Contractor, any amount payed by New Hope above its agreed upon share of the Quantity Price and Administrative Costs shall be returned to New Hope. 6. Record Drawings. Crystal shall provide record drawings to New Hope within 90 days of Crystal’s final payment to the Contractor. All records kept by either City with respect to this Agreement shall be subject to examination by the representatives of the other City and the public in accordance with the Minnesota Government Data Practices Act. 7. Traffic Control. If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. Crystal shall require the Contractor to furnish, install, and maintain any guide signs, regulatory signs, and pavement markings that may be needed. Crystal shall not be responsible for any damage caused by increased traffic on any municipal streets located in New Hope that arise out of or relate to the Work. 8. Cooperative Activity. To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Cities that they shall be deemed a “single governmental unit” for the purposes of determining total liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a. Nothing in this Agreement is intended to alter, or shall be interpreted as altering, the treatment of the Cities as a single governmental unit. For purposes of Minnesota Statutes, section 471.59, subdivision 1a, each City expressly declines responsibility for the acts or omissions of the other City. 6.3 4 9. Insurance & Indemnity. The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minnesota Statutes, section 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. Each City agrees to defend, indemnify and hold harmless (including reasonable attorney’s fees) the other City, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from any act or omission of the indemnifying City relating to the Project. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes, Chapter 466, or in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes, Chapter 466 or, in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. 10. Employees; Worker’s Compensation. Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, shall in no way be the obligation or responsibility of the other City. 11. Audit. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of each City relevant to the Agreement are subject to examination by the other City and either the Legislative Auditor or the State Auditor as appropriate. The Cities agree to maintain these records for a period of at least six years from completion of the Project. 12. Term. This Agreement shall commence as of the date indicated above and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. 13. Entire Agreement. This document, including the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the Cities regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between the Cities regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both Cities. 6.3 5 14. No Third Party Rights. This Agreement is solely for the benefit of the Cities. This Agreement shall not create or establish any rights in or for the benefit of any third party. 15. Applicable Law. This Agreement shall be interpreted under the laws of Minnesota. 16. Compliance. Each City shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and shall obtain such permits and permissions as may be required, in carrying out their respective duties under this Agreement. 17. Discrimination. The provisions of Minnesota Statutes, section 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW HOPE By: ____________________________ Kathi Hemken Its: Mayor By: ____________________________ Kirk McDonald Its: Manager CITY OF CRYSTAL By: ____________________________ Jim Adams Its: Mayor By: ____________________________ Anne Norris Its: Manager 6.3 6 EXHIBIT A Pre Bid Project Construction Cost Estimate (attached hereto) 6.3 CITY OF CRYSTAL 2021 MILL AND OVERLAY 3/9/2021 LOCAL ENGINEERS POST BID ESTIMATE CRYSTAL PROJECT NO. 2021-02 S.A.P. 116-332-003, S.A.P. 116-329-003 and S.A.P. 116-331-004 Item No.Item Unit Est. QuantityGMH ASPHALT Unit Price Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price 2021.501 Mobilization LS 1 $45,000.00 $45,000.00 0.09 $4,050.00 0.03 $1,440.00 0.04 $1,800.00 0.01 $450.00 $0.00 0.01 $450.00 0.82 $36,810.00 2104.503 Remove Concrete Curb & Gutter LF 4100 $6.70 $27,470.00 370 $2,479.00 65 $435.50 170 $1,139.00 45 $301.50 $0.00 25 $167.50 3425 $22,947.50 2104.503 Sawing Concrete Pavement LF 450 $5.50 $2,475.00 75 $412.50 35 $192.50 20 $110.00 5 $27.50 $0.00 5 $27.50 310 $1,705.00 2104.503 Sawing Bituminous Pavement LF 300 $3.00 $900.00 20 $60.00 $0.00 $0.00 $0.00 $0.00 $0.00 280 $840.00 2104.504 Remove Bituminous Pavement SY 2050 $0.01 $20.50 170 $1.70 25 $0.25 70 $0.70 20 $0.20 $0.00 11 $0.11 1754 $17.54 2104.604 Remove and Replace Concrete Driveway Pavement (6") - High Early SY 20 $123.80 $2,476.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 20 $2,476.00 2104.504 Remove (7") Concrete Valley Gutter Pavement With Reinforcement SY 50 $13.50 $675.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50 $675.00 2104.604 Remove and Replace Concrete Valley Gutter Pavement (7") With Reinforcement - High Early SY 190 $117.00 $22,230.00 32 $3,744.00 $0.00 $0.00 $0.00 $0.00 $0.00 158 $18,486.00 2104.518 Remove Concrete Sidewalk SF 5050 $3.25 $16,412.50 1330 $4,322.50 350 $1,137.50 860 $2,795.00 100 $325.00 $0.00 60 $195.00 2350 $7,637.50 2105.507 Common Excavation (EV) (P) CY 275 $36.00 $9,900.00 60 $2,160.00 10 $360.00 28 $1,008.00 6 $216.00 $0.00 6 $216.00 165 $5,940.00 2123 Street Sweeper (With Pickup Broom) HR 40 $132.00 $5,280.00 2 $264.00 2 $264.00 2 $264.00 1 $0.00 1 $132.00 32 $4,224.00 2211.509 Aggregate Base, Class 5 TON 560 $10.00 $5,600.00 70 $700.00 8 $80.00 35 $350.00 3 $30.00 $0.00 3 $30.00 441 $4,410.00 2231.603 Butuminous Surface Crack Repair LF 240 $3.00 $720.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 240 $720.00 2231.604 Bituminous Pavement Breakup Repair SY 170 $18.00 $3,060.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 170 $3,060.00 2232.504 Mill Bituminous Pavement ( 1 1/2") SY 75700 $1.63 $123,391.00 5325 $8,679.75 2900 $4,727.00 2670 $4,352.10 850 $1,385.50 390 $635.70 940 $1,532.20 62625 $102,078.75 2301.502 Drill and Grout/Wet Cast Reinforcement/Dowel Bar (Epoxy Coated)EA 190 $10.55 $2,004.50 46 $485.30 10 $105.50 10 $105.50 6 $63.30 $0.00 6 $63.30 112 $1,181.60 2357.506 Bituminous Material for Tack Coat GAL 4550 $3.30 $15,015.00 320 $1,056.00 175 $577.50 160 $528.00 55 $181.50 25 $82.50 60 $198.00 3755 $12,391.50 2360.504 Type SP 9.5 Wearing Course Mixture (2,C) 2.5" Thick (Driveway) SY 170 $17.00 $2,890.00 10 $170.00 $0.00 $0.00 $0.00 $0.00 $0.00 160 $2,720.00 2360.509 Type SP 12.5 Wearing Course Mixture (2,C) TON 8000 $54.85 $438,800.00 550 $30,167.50 300 $16,455.00 280 $15,358.00 90 $4,936.50 40 $2,194.00 100 $5,485.00 6640 $364,204.00 2360.509 Type SP 19 Non Wearing Course Mixture (2,B) TON 310 $0.01 $3.10 22 $0.22 4 $0.04 10 $0.10 3 $0.03 $0.00 2 $0.02 269 $2.69 2506.502 Adjust Frame and Ring Casting (Catch Basin) EA 35 $381.00 $13,335.00 $0.00 1 $381.00 2 $762.00 $0.00 $0.00 $0.00 32 $12,192.00 2506.502 Adjust Frame and Ring Casting (Manhole) EA 15 $821.00 $12,315.00 1 $821.00 1 $821.00 1 $821.00 $0.00 $0.00 $0.00 12 $9,852.00 2506.502 Adjust Misc. Casting - Riser Adjustment EA 60 $25.00 $1,500.00 4 $100.00 4 $100.00 4 $100.00 $0.00 $0.00 $0.00 48 $1,200.00 2521.518 4-inch Concrete Walk SF 3100 $7.90 $24,490.00 880 $6,952.00 266 $2,101.40 695 $5,490.50 58 $458.20 $0.00 18 $142.20 1183 $9,345.70 2521.518 6-inch Concrete Pedestrian Ramp SF 1950 $17.80 $34,710.00 450 $8,010.00 84 $1,495.20 165 $2,937.00 42 $747.60 $0.00 42 $747.60 1167 $20,772.60 2531.503 Concrete Curb and Gutter, Design B618 (< 5') LF 250 $49.75 $12,437.50 5 $248.75 $0.00 $0.00 5 $248.75 $0.00 $0.00 240 $11,940.00 2531.503 Concrete Curb and Gutter, Design B618 (>5') LF 3050 $25.90 $78,995.00 305 $7,899.50 20 $518.00 40 $1,036.00 40 $1,036.00 $0.00 28 $725.20 2617 $67,780.30 2531.503 Concrete Curb and Gutter, Design B624 LF 825 $30.40 $25,080.00 60 $1,824.00 45 $1,368.00 130 $3,952.00 $0.00 $0.00 $0.00 590 $17,936.00 2531.604 7-inch Concrete Valley Gutter Pavement with Reinforcement - High Early SY 32 $127.00 $4,064.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 32 $4,064.00 2531.618 Truncated Domes (2x2)SF 544 $47.50 $25,840.00 144 $6,840.00 24 $1,140.00 48 $2,280.00 12 $570.00 $0.00 12 $570.00 304 $14,440.00 2563.601 Traffic Control LS 1 $9,495.00 $9,495.00 0.09 $854.55 0.03 $284.85 0.04 $379.80 0.01 $94.95 $0.00 0.01 $94.95 0.82 $7,785.90 2573.502 Strom Drain Inlet Protection EA 100 $108.00 $10,800.00 8 $864.00 8 $864.00 8 $864.00 4 $432.00 $0.00 4 $432.00 68 $7,344.00 2574.507 Boulevard Topsoil Borrow (Mn.DOT 3877.2F) CY 360 $0.01 $3.60 20 $0.20 4 $0.04 10 $0.10 2 $0.02 $0.00 2 $0.02 322 $3.22 2575.604 Hydroseeding (MnDOT 25-151)SY 2000 $2.64 $5,280.00 125 $330.00 20 $52.80 60 $158.40 10 $26.40 $0.00 10 $26.40 1775 $4,686.00 TOTAL ESTIMATED COST $982,667.70 $93,496.47 $34,901.08 $46,591.20 $11,530.95 $2,912.20 $11,235.00 $781,868.80 10% CONTINGENCY $98,266.77 $9,349.65 $3,490.11 $4,659.12 $1,153.10 $291.22 $1,123.50 $78,186.88 TOTAL ESTIMATED CONSTRUCTION COST $1,080,934.47 $102,846.12 $38,391.19 $51,250.32 $12,684.05 $3,203.42 $12,358.50 $860,055.68 CRYSTAL SAP 116-329-003 34th Avenue 38th Avenue Welcome-38thNoble-Kyle Vera Cruz Avenue Louisiana-City Limits ROBBINDALE Douglas-Yates 36th - 38th 38th Avenue NEW HOPE SAP 116-332-003 36th - 38th SAP 116-331-004 MSA GOLDEN VALLEYCRYSTAL Adair Avenue CRYSTAL CRYSTAL Welcome Avenue 6.3 2021 – 34th AVENUE NORTH BITUMINOUS STREET RESURFACING PROJECT CRYSTAL – GOLDEN VALLEY JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into this15th day of December, 2020, by and between the City of Crystal, a municipal corporation under the laws of the State of Minnesota (“Crystal”), and the City of Golden Valley, a municipal corporation under the laws of the State of Minnesota (“Golden Valley”), collectively referred to as the “Cities” and individually as a “City.” RECITALS A.The Cities have been planning on coordinating street maintenance work on 34th Avenue North between Regent Avenue North and Kyle Avenue North, which shares a common boundary between the Cities. B.34th Avenue North is due for bituminous resurfacing. C.The Cities desire to work jointly to complete the contracted Bituminous Street Resurfacing project on 34th Avenue North between Regent Avenue North and Kyle Avenue North (collectively, the “Work” or “Project”). D.Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. E.The scope of the W ork has been negotiated between the Cities and has been incorporated into the plan set entitled “2021 Bituminous Street Resurfacing” as prepared by Crystal (the “Scope of Work”). F.Crystal has developed the plans and specifications for the Work (“Plans and Specifications”). G.Crystal prepared a cost estimate for the Project (“Pre Bid Project Cost Estimate”), attached hereto and incorporated herein as Exhibit A. The Pre Bid Project Cost Estimate includes the estimated construction cost of fourteen thousand, seven hundred and seven dollars and eighty-three cents ($14,707.83) for the portion of the Project located within the corporate limits of Golden Valley. The administrative costs (as those terms are defined herein) are in addition to this estimated construction cost and bring the total Pre Bid Project Cost Estimate to seventeen thousand, six hundred and forty-nine dollars and 40 cents ($17,649.40). H.Golden Valley has reviewed and approved the Scope of Work and agreed to pay the cost of the Work within the corporate limits of Golden Valley. DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 2 I.Crystal has agreed to pay the cost of the Work within the corporate limits of Crystal and to administer and supervise the Work in accordance with the Scope of Work and the Plans and Specifications. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the Cities hereby agree as follows: 1.Design and Bidding. The Plans and Specifications, as they may be amended from time to time, are incorporated into and made part of this Agreement. Crystal is responsible for advertising for bids for the Project, receiving and opening bids pursuant to said advertisement and entering into one or more contracts with the successful bidder (“Contractor”) at the unit prices specified in the successful bid, all according to the applicable procedures under Minnesota law. The contract (the “Contract”) shall include the Plans and Specifications and reflect the Scope of Work. Crystal shall require the Contractor to name Golden Valley as an additional insured on its commercial general liability insurance policy. 2.Project Administration. Crystal shall administer all aspects of the Project and shall inspect all completed Work. The Golden Valley City Engineer shall cooperate with the Crystal City Engineer and the Crystal City Engineer’s staff upon request to aid in the administration of the Project, but shall have no responsibility for the supervision of any of the Work. 3.Additional Work. Crystal may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. Crystal may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the Contractor for the performance of any and all additional or new work it deems necessary, advantageous, or desirable. If a proposed change exceeds the original Scope of Work jointly contemplated by the Cities, Crystal shall not make the change unless it is first approved by the Golden Valley City Engineer. 4.Construction Easements. Golden Valley shall grant Crystal a temporary license for construction, at no cost to Crystal, over those lands owned by Golden Valley that are a part of the right-of-way required for the completion of the Work. 5.Apportionment of Cost. The total cost of the Work shall be apportioned between the parties as follows: a.Each City shall pay the quantity price of items attributable to the portion of the Work occurring within its own municipal boundaries (the “Quantity Price”). The Quantity Price shall be determined based on the unit process set forth in the Contract with the Contractor and the final quantities as measured by the Crystal City Engineer. The Cities understand and agree DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 3 that the Crystal City Engineer’s Pre Bid Project Cost Estimate is only an estimate and the Quantity Price may be more or less that the figures shown in the Pre Bid Project Cost Estimate. b.In addition to the Quantity Price, Golden Valley shall pay to Crystal an amount equal to 20% of its share of the Quantity Price to cover its share of the legal, engineering, and City staff time (the “Administrative Costs”) incurred by Crystal for the Project. 6.Payment. Upon acceptance of the successful bid, Crystal shall provide Golden Valley an estimated construction cost based upon the contract prices and estimated quantities in the Contractor’s bid, the Administrative Costs, and all other costs required to complete the Work (collectively, the “Post Bid Estimated Cost”). Within 60 days after receipt of the Post Bid Estimated Cost, Golden Valley shall deposit with the Crystal Director of Finance 90% of Golden Valley’s share of the Post Bid Estimated Cost. All remaining amounts due from Golden Valley, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to Crystal within 60 days of final completion of the Work. Upon completion of the Work, Crystal shall submit to Golden Valley a copy of the Crystal City Engineer’s Quantity Price report, which shall show each City’s final share of the Quantity Price, and the amount of Administrative Costs owed by Golden Valley. Upon payment by Crystal of the final amount due to the Contractor, any amount payed by Golden Valley above its agreed upon share of the Quantity Price and Administrative Costs shall be returned to Golden Valley. 7.Record Drawings. Crystal shall provide record drawings to Golden Valley within 90 days of Crystal’s final payment to the Contractor. All records kept by either City with respect to this Agreement shall be subject to examination by the representatives of the other City and the public in accordance with the Minnesota Government Data Practices Act. 8.Traffic Control. If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. Crystal shall require the Contractor to furnish, install, and maintain any guide signs, regulatory signs, and pavement markings that may be needed. Crystal shall not be responsible for any damage caused by increased traffic on any municipal streets located in Golden Valley that arise out of or relate to the Work. 9.Cooperative Activity. To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Cities that they shall be deemed a “single governmental unit” for the purposes of determining total liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a. Nothing in this Agreement is intended to alter, or shall be interpreted as altering, the treatment of the Cities as a single governmental unit. For purposes of Minnesota Statutes, section 471.59, subdivision 1a, each City expressly declines responsibility for the acts or omissions of the other City. DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 4 10. Insurance & Indemnity. The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minnesota Statutes, section 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. Each City agrees to defend, indemnify and hold harmless (including reasonable attorney’s fees) the other City, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from any act or omission of the indemnifying City relating to the Project. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes, Chapter 466, or in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes, Chapter 466 or, in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. 11. Employees; Worker’s Compensation. Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, shall in no way be the obligation or responsibility of the other City. 12. Audit. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of each City relevant to the Agreement are subject to examination by the other City and either the Legislative Auditor or the State Auditor as appropriate. The Cities agree to maintain these records for a period of at least six years from completion of the Project. 13. Term. This Agreement shall commence as of the date indicated above and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. 14. Entire Agreement. This document, including the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the Cities regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between the Cities regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both Cities. DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 5 15. No Third Party Rights. This Agreement is solely for the benefit of the Cities. This Agreement shall not create or establish any rights in or for the benefit of any third party. 16. Applicable Law. This Agreement shall be interpreted under the laws of Minnesota. 17. Compliance. Each City shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and shall obtain such permits and permissions as may be required, in carrying out their respective duties under this Agreement. 18. Discrimination. The provisions of Minnesota Statutes, section 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY By: ____________________________ Shepard M. Harris Its: Mayor By: ____________________________ Timothy J. Cruikshank Its: Manager CITY OF CRYSTAL By: ____________________________ Jim Adams Its: Mayor By: ____________________________ Anne Norris Its: Manager DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 6 EXHIBIT A Pre Bid Project Construction Cost Estimate (attached hereto) DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 CITY OF CRYSTAL 2021 MILL AND OVERLAY 11/19/2020 LOCAL ENGINEERS ESTIMATE/COST SPLITS CRYSTAL PROJECT NO. 2021-02 S.A.P. 116-332-003, S.A.P. 116-329-003 and S.A.P. 116-331-004 Item No.Item Unit Est. QuantityEst. Unit Price Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price Est. Quantity Total Price 2021.501 Mobilization LS 1 $37,500.00 $37,500.00 0.09 $3,375.00 0.03 $1,200.00 0.04 $1,500.00 0.01 $375.00 $0.00 0.01 $375.00 0.82 $30,675.00 2104.503 Remove Concrete Curb & Gutter LF 4100 $8.50 $34,850.00 370 $3,145.00 65 $552.50 170 $1,445.00 45 $382.50 $0.00 25 $212.50 3425 $29,112.50 2104.503 Sawing Concrete Pavement LF 450 $5.00 $2,250.00 75 $375.00 35 $175.00 20 $100.00 5 $25.00 $0.00 5 $25.00 310 $1,550.00 2104.503 Sawing Bituminous Pavement LF 300 $2.50 $750.00 20 $50.00 $0.00 $0.00 $0.00 $0.00 $0.00 280 $700.00 2104.504 Remove Bituminous Pavement SY 2050 $5.25 $10,762.50 170 $892.50 25 $131.25 70 $367.50 20 $105.00 $0.00 11 $57.75 1754 $9,208.50 2104.504 Remove and Replace Concrete Driveway Pavement (6") - High Early SY 20 $90.00 $1,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 20 $1,800.00 2104.504 Remove (7") Concrete Valley Gutter Pavement With Reinforcement SY 50 $16.00 $800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50 $800.00 2104.504 Remove and Replace Concrete Valley Gutter Pavement (7") With Reinforcement - High Early SY 190 $115.00 $21,850.00 32 $3,680.00 $0.00 $0.00 $0.00 $0.00 $0.00 158 $18,170.00 2104.518 Remove Concrete Sidewalk SF 5050 $1.70 $8,585.00 1330 $2,261.00 350 $595.00 860 $1,462.00 100 $170.00 $0.00 60 $102.00 2350 $3,995.00 2105.507 Common Excavation (EV) (P) CY 275 $39.00 $10,725.00 60 $2,340.00 10 $390.00 28 $1,092.00 6 $234.00 $0.00 6 $234.00 165 $6,435.00 2123.610 Street Sweeper (With Pickup Broom) HR 40 $175.00 $7,000.00 2 $350.00 2 $350.00 2 $350.00 1 $0.00 1 $175.00 32 $5,600.00 2211.509 Aggregate Base, Class 5 TON 560 $26.70 $14,952.00 70 $1,869.00 8 $213.60 35 $934.50 3 $80.10 $0.00 3 $80.10 441 $11,774.70 2231.603 Crack Repair LF 240 $12.00 $2,880.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 240 $2,880.00 2231.604 Bituminous Pavement Breakup Repair SY 170 $65.00 $11,050.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 170 $11,050.00 2232.504 Mill Bituminous Pavement ( 1 1/2") SY 75700 $1.25 $94,625.00 5325 $6,656.25 2900 $3,625.00 2670 $3,337.50 850 $1,062.50 390 $487.50 940 $1,175.00 62625 $78,281.25 2301.502 Drill and Grout/Wet Cast Reinforcement/Dowel Bar (Epoxy Coated)EA 190 $19.00 $3,610.00 46 $874.00 10 $190.00 10 $190.00 6 $114.00 $0.00 6 $114.00 112 $2,128.00 2357.506 Bituminous Material for Tack Coat GAL 4550 $2.75 $12,512.50 320 $880.00 175 $481.25 160 $440.00 55 $151.25 25 $68.75 60 $165.00 3755 $10,326.25 2360.504 Type SP 9.5 Wearing Course Mixture (2,C) 2.5" Thick (Driveway) SY 170 $35.00 $5,950.00 10 $350.00 $0.00 $0.00 $0.00 $0.00 $0.00 160 $5,600.00 2360.509 Type SP 12.5 Wearing Course Mixture (2,C) TON 8000 $70.00 $560,000.00 550 $38,500.00 300 $21,000.00 280 $19,600.00 90 $6,300.00 40 $2,800.00 100 $7,000.00 6640 $464,800.00 2360.509 Type SP 19 Non Wearing Course Mixture (2,B) TON 310 $115.00 $35,650.00 22 $2,530.00 4 $460.00 10 $1,150.00 3 $345.00 $0.00 2 $230.00 269 $30,935.00 2506.502 Adjust Frame and Ring Casting (Catch Basin) EA 35 $610.00 $21,350.00 $0.00 1 $610.00 2 $1,220.00 $0.00 $0.00 $0.00 32 $19,520.00 2506.502 Adjust Frame and Ring Casting (Manhole) EA 15 $790.00 $11,850.00 1 $790.00 1 $790.00 1 $790.00 $0.00 $0.00 $0.00 12 $9,480.00 2506.502 Adjust Misc. Casting - Riser Adjustment EA 60 $29.50 $1,770.00 4 $118.00 4 $118.00 4 $118.00 $0.00 $0.00 $0.00 48 $1,416.00 2521.518 4-inch Concrete Walk SF 3100 $8.00 $24,800.00 880 $7,040.00 266 $2,128.00 695 $5,560.00 58 $464.00 $0.00 18 $144.00 1183 $9,464.00 2521.518 6-inch Concrete Pedestrian Ramp SF 1950 $13.20 $25,740.00 450 $5,940.00 84 $1,108.80 165 $2,178.00 42 $554.40 $0.00 42 $554.40 1167 $15,404.40 2531.503 Concrete Curb and Gutter, Design B618 (< 5') LF 250 $35.00 $8,750.00 5 $175.00 $0.00 $0.00 5 $175.00 $0.00 $0.00 240 $8,400.00 2531.503 Concrete Curb and Gutter, Design B618 (>5') LF 3050 $26.50 $80,825.00 305 $8,082.50 20 $530.00 40 $1,060.00 40 $1,060.00 $0.00 28 $742.00 2617 $69,350.50 2531.503 Concrete Curb and Gutter, Design B624 LF 825 $35.00 $28,875.00 60 $2,100.00 45 $1,575.00 130 $4,550.00 $0.00 $0.00 $0.00 590 $20,650.00 2531.604 7-inch Concrete Valley Gutter Pavement with Reinforcement - High Early SY 32 $98.00 $3,136.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 32 $3,136.00 2531.618 Truncated Domes (2x2)SF 544 $62.00 $33,728.00 144 $8,928.00 24 $1,488.00 48 $2,976.00 12 $744.00 $0.00 12 $744.00 304 $18,848.00 2563.601 Traffic Control LS 1 $27,500.00 $27,500.00 0.09 $2,475.00 0.03 $825.00 0.04 $1,100.00 0.01 $275.00 $0.00 0.01 $275.00 0.82 $22,550.00 2573.502 Strom Drain Inlet Protection EA 100 $155.00 $15,500.00 8 $1,240.00 8 $1,240.00 8 $1,240.00 4 $620.00 $0.00 4 $620.00 68 $10,540.00 2574.507 Boulevard Topsoil Borrow (Mn.DOT 3877.2F) CY 360 $49.50 $17,820.00 20 $990.00 4 $198.00 10 $495.00 2 $99.00 $0.00 2 $99.00 322 $15,939.00 2575.604 Hydroseeding (MnDOT 25-151)SY 2000 $3.50 $7,000.00 125 $437.50 20 $70.00 60 $210.00 10 $35.00 $0.00 10 $35.00 1775 $6,212.50 TOTAL ESTIMATED COST $1,186,746.00 $106,443.75 $40,044.40 $53,465.50 $13,370.75 $3,356.25 $13,158.75 $956,731.60 10% CONTINGENCY $118,674.60 $10,644.38 $4,004.44 $5,346.55 $1,337.08 $335.63 $1,315.88 $95,673.16 TOTAL ESTIMATED CONSTRUCTION COST $1,305,420.60 $117,088.13 $44,048.84 $58,812.05 $14,707.83 $3,691.88 $14,474.63 $1,052,404.76 MSA GOLDEN VALLEYCRYSTAL Adair Avenue CRYSTAL CRYSTAL Welcome Avenue ROBBINDALE Douglas-Yates 36th - 38th 38th Avenue NEW HOPE SAP 116-332-003 36th - 38th SAP 116-331-004 CRYSTAL SAP 116-329-003 34th Avenue 38th Avenue Welcome-38thNoble-Kyle Vera Cruz Avenue Louisiana-City Limits DocuSign Envelope ID: A6B7BB6A-2266-4AB1-BC62-B622FFF785F4 6.3 G:\Projects\2021\2021-02 2021 Contract Mill & Overlay\Agreements\Robbinsdale\JPA_for_MO_RB_and_CRY FINAL.docx 2021 –BITUMINOUS STREET RESURFACING PROJECT CRYSTAL – ROBBINSDALE JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into this _____day of ___________, 2021, by and between the City of Crystal, a municipal corporation under the laws of the State of Minnesota (“Crystal”), and the City of Robbinsdale, a municipal corporation under the laws of the State of Minnesota (“Robbinsdale”), collectively referred to as the “Cities” and individually as a “City.” RECITALS A. The Cities have been planning on coordinating street maintenance work on Vera Cruz Avenue North between Welcome Avenue North and 38th Avenue North, which shares a common boundary between the Cities. B. Vera Cruz Avenue North is due for bituminous resurfacing. C. The Cities desire to work jointly to complete the contracted Bituminous Street Resurfacing project on Vera Cruz Avenue North between Welcome Avenue North and 38th Avenue North (collectively, the “Work” or “Project”). D. Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. E. The scope of the Work has been negotiated between the Cities and has been incorporated into the plan set entitled “2021 Bituminous Street Resurfacing” as prepared by Crystal (the “Scope of Work”). F. Crystal has developed the plans and specifications for the Work (“Plans and Specifications”). G. Crystal prepared a cost estimate for the Project (“Pre Bid Project Cost Estimate”), attached hereto and incorporated herein as Exhibit A. The Pre Bid Project Cost Estimate includes the estimated construction cost of fourteen thousand, four hundred seventy-four dollars and sixty-three cents ($14,474.63) for the portion of the Project located within the corporate limits of Robbinsdale. The administrative costs (as those terms are defined herein) are in addition to this estimated construction cost and bring the total Pre Bid Project Cost Estimate to seventeen thousand, three hundred sixty-nine dollars and 55 cents ($17,369.55). H. Robbinsdale has reviewed and approved the Scope of Work and agreed to pay the cost of the Work within the corporate limits of Robbinsdale. 6.3 2 I. Crystal has agreed to pay the cost of the Work within the corporate limits of Crystal and to administer and supervise the Work in accordance with the Scope of Work and the Plans and Specifications. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the Cities hereby agree as follows: 1. Design and Bidding. The Plans and Specifications, as they may be amended from time to time, are incorporated into and made part of this Agreement. Crystal is responsible for advertising for bids for the Project, receiving and opening bids pursuant to said advertisement and entering into one or more contracts with the successful bidder (“Contractor”) at the unit prices specified in the successful bid, all according to the applicable procedures under Minnesota law. The contract (the “Contract”) shall include the Plans and Specifications and reflect the Scope of Work. Crystal shall require the Contractor to name Robbinsdale as an additional insured on its commercial general liability insurance policy. 2. Project Administration. Crystal shall administer all aspects of the Project and shall inspect all completed Work. The Robbinsdale City Engineer shall cooperate with the Crystal City Engineer and the Crystal City Engineer’s staff upon request to aid in the administration of the Project, but shall have no responsibility for the supervision of any of the Work. 3. Additional Work. Crystal may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. Crystal may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the Contractor for the performance of any and all additional or new work it deems necessary, advantageous, or desirable. If a proposed change exceeds the original Scope of Work jointly contemplated by the Cities, Crystal shall not make the change unless it is first approved by the Robbinsdale City Engineer. 4. Construction Easements. Robbinsdale shall grant Crystal a temporary license for construction, at no cost to Crystal, over those lands owned by Robbinsdale that are a part of the right-of-way required for the completion of the Work. J. Apportionment of Cost. The total cost of the Work shall be apportioned between the parties as follows: a. Each City shall pay the quantity price of items attributable to the portion of the Work occurring within its own municipal boundaries (the “Quantity Price”). The Quantity Price shall be determined based on the unit process set forth in the Contract with the Contractor and the final quantities as measured by the Crystal City Engineer. The Cities understand and agree 6.3 3 that the Crystal City Engineer’s Pre Bid Project Cost Estimate is only an estimate and the Quantity Price may be more or less that the figures shown in the Pre Bid Project Cost Estimate. b. In addition to the Quantity Price, Robbinsdale shall pay to Crystal an amount equal to 20% of its share of the Quantity Price to cover its share of the legal, engineering, and City staff time (the “Administrative Costs”) incurred by Crystal for the Project. 5. Payment. Upon acceptance of the successful bid, Crystal shall provide Robbinsdale an estimated construction cost based upon the contract prices and estimated quantities in the Contractor’s bid, the Administrative Costs, and all other costs required to complete the Work (collectively, the “Post Bid Estimated Cost”). Within 60 days after receipt of the Post Bid Estimated Cost, Robbinsdale shall deposit with the Crystal Director of Finance 90% of Robbinsdale’s share of the Post Bid Estimated Cost. All remaining amounts due from Robbinsdale, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to Crystal within 60 days of final completion of the Work. Upon completion of the Work, Crystal shall submit to Robbinsdale a copy of the Crystal City Engineer’s Quantity Price report, which shall show each City’s final share of the Quantity Price, and the amount of Administrative Costs owed by Robbinsdale. Upon payment by Crystal of the final amount due to the Contractor, any amount payed by Robbinsdale above its agreed upon share of the Quantity Price and Administrative Costs shall be returned to Robbinsdale. 6. Record Drawings. Crystal shall provide record drawings to Robbinsdale within 90 days of Crystal’s final payment to the Contractor. All records kept by either City with respect to this Agreement shall be subject to examination by the representatives of the other City and the public in accordance with the Minnesota Government Data Practices Act. 7. Traffic Control. If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. Crystal shall require the Contractor to furnish, install, and maintain any guide signs, regulatory signs, and pavement markings that may be needed. Crystal shall not be responsible for any damage caused by increased traffic on any municipal streets located in Robbinsdale that arise out of or relate to the Work. 8. Cooperative Activity. To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Cities that they shall be deemed a “single governmental unit” for the purposes of determining total liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a. Nothing in this Agreement is intended to alter, or shall be interpreted as altering, the treatment of the Cities as a single governmental unit. For purposes of Minnesota Statutes, section 471.59, subdivision 1a, each City expressly declines responsibility for the acts or omissions of the other City. 6.3 4 9. Insurance & Indemnity. The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minnesota Statutes, section 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. Each City agrees to defend, indemnify and hold harmless (including reasonable attorney’s fees) the other City, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from any act or omission of the indemnifying City relating to the Project. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes, Chapter 466, or in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes, Chapter 466 or, in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. 10. Employees; Worker’s Compensation. Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, shall in no way be the obligation or responsibility of the other City. 11. Audit. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of each City relevant to the Agreement are subject to examination by the other City and either the Legislative Auditor or the State Auditor as appropriate. The Cities agree to maintain these records for a period of at least six years from completion of the Project. 12. Term. This Agreement shall commence as of the date indicated above and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. 13. Entire Agreement. This document, including the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the Cities regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between the Cities regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both Cities. 6.3 5 14. No Third Party Rights. This Agreement is solely for the benefit of the Cities. This Agreement shall not create or establish any rights in or for the benefit of any third party. 15. Applicable Law. This Agreement shall be interpreted under the laws of Minnesota. 16. Compliance. Each City shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and shall obtain such permits and permissions as may be required, in carrying out their respective duties under this Agreement. 17. Discrimination. The provisions of Minnesota Statutes, section 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ROBBINSDALE By: ____________________________ William Blonigan Its: Mayor By: ____________________________ Marcia Glick Its: Manager CITY OF CRYSTAL By: ____________________________ Jim Adams Its: Mayor By: ____________________________ Anne Norris Its: Manager 6.3 6 EXHIBIT A Pre Bid Project Construction Cost Estimate (attached hereto) 6.3 6.3 RESOLUTION NO. 2021- ___ AWARD CONTRACT FOR 2021 STREET RESURFACING PROJECT WHEREAS, the Crystal City Council approved the 2021 Street Resurfacing plans and specifications on January 19, 2021; and WHEREAS, the Crystal City Council authorized solicitation of public bids on January 19, 2021; and WHEREAS, adequate funds are available in the Street Maintenance Fund and have been budgeted by the Council; and WHEREAS, nine bids were received and publicly opened on March 9, 2021; and WHEREAS, GMH Asphalt Corporation was the lowest qualified bidder. WHEREAS, GMH Asphalt Corporation has completed the similar type of work for neighboring Cities previously. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for 2021 Street Resurfacing Project to GMH Asphalt Corporation in the amount of $982,667.70. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign said contract. Adopted by the Crystal City Council this 16th day of March, 2021. Jim Adams, Mayor ATTEST: _________________________________________ Christina Serres, City Clerk 6.3 RESOLUTION NO. 2021- _____ AUTHORIZING THE JOINT POWERS AGREEMENT WITH THE CITY OF NEW HOPE FOR 2021 STREET RESURFACING PROJECT WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City of Crystal has awarded a construction contract for the 2021 Street Resurfacing Project; and WHEREAS, a portion of the project area is in the City of New Hope; and WHEREAS, the City of Crystal is acting as lead agency for the project; and WHEREAS, the City of New Hope as agreed to pay for their portion of work; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the joint powers agreement with the City of New Hope for 2021 Street Resurfacing City Project. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are authorized to sign this agreement. Adopted by the Crystal City Council this 16th day of March 2021. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.3 RESOLUTION NO. 2021- _____ AUTHORIZING THE JOINT POWERS AGREEMENT WITH THE CITY OF GOLDEN VALLEY FOR 2021 STREET RESURFACING PROJECT WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City of Crystal has awarded a construction contract for the 2021 Street Resurfacing Project; and WHEREAS, a portion of the project area is in the City of Golden Valley; and WHEREAS, the City of Crystal is acting as lead agency for the project; and WHEREAS, the City of Golden Valley as agreed to pay for their portion of work; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the joint powers agreement with the City of Golden Valley for 2021 Street Resurfacing City Project. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are authorized to sign this agreement. Adopted by the Crystal City Council this 16th day of March 2021. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.3 RESOLUTION NO. 2021- _____ AUTHORIZING THE JOINT POWERS AGREEMENT WITH THE CITY OF ROBBINSDALE FOR 2021 STREET RESURFACING PROJECT WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City of Crystal has awarded a construction contract for the 2021 Street Resurfacing Project; and WHEREAS, a portion of the project area is in the City of Robbinsdale; and WHEREAS, the City of Crystal is acting as lead agency for the project; and WHEREAS, the City of Robbinsdale as agreed to pay for their portion of work; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the joint powers agreement with the City of Robbinsdale for 2021 Street Resurfacing City Project. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are authorized to sign this agreement. Adopted by the Crystal City Council this 16th day of March 2021. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.3 6.4 6.4 6.4 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 M E M O R A N D U M DATE: March 11, 2021 TO: Mayor and City Council FROM: Anne Norris, City Manager Kimberly Therres, Assistant City Manager/Human Resources Manager RE: 2021 Wages and Benefits for Non-represented Employees PURPOSE To request City Council approval of the 2021 wages and city contributions for health insurance for all non-represented employees. BACKGROUND Wages The Labor Agreement for Local #49 (Public Works) calls for a wage increase of 2% in 2021. The Local #56 (Police Supervisors) is being negotiated and the Local #44 (Police Officers) contract will be going to arbitration in April. We are recommending a 2% increase for non- represented employees in the City of Crystal. The percentage increase is consistent internally, with wage settlements of other metro are cities and with council direction. Health Insurance: (Employer Contribution) Likewise, we are recommending the following contributions for health insurance: 2021 (Employer Contribution): 2020 Employer Contribution Towards Premium 2021 Monthly Premium $30 Copay 2021 Monthly Premium $30 Copay w/ 90/10 % Coins. 2021 Monthly Premium HDHP w/HSA 2021 Employer Contribution Towards Premium Employee Single $897.50 1,157.00 1,101.00 750.50 $961.50 Employee Child(ren) $1,355.00 2,314.00 2,201.00 1,500.50 $1,483.00 Employee + Spouse $1,418.00 2,429.50 2,311.50 1,575.50 $1,552.00 Family $1,766.00 3,008.00 2,861.50 1,950.50 $1,932.00 The City has a long-standing practice of providing the same health insurance benefit package to all its employees. FINANCIAL IMPLICATIONS The 2021 adopted Budget includes sufficient funds for the proposed benefit settlement. COUNCIL ACTION REQUESTED Approval of the 2021 proposed wage and city contribution for health insurance increase for all non- represented employees. 6.6