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2021.10.05 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: October 1, 2021 City Council Meeting Schedule Tuesday, October 5, 2021 Time Meeting Location 6:50 p.m. City Council Work Session to discuss: 1. Constituent issues update. 2. New business. 3. Announcements. Council Chambers/Zoom 7:00 p.m. City Council meeting Council Chambers/Zoom Immediately following the City Council meeting Continuation of City Council work session, if necessary 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. The public may monitor and participate in the meeting by connecting to it through one of the methods identified below. Topic: Crystal City Council work session, City Council meeting, City Council work session, if necessary Time: October 5, 2021 06:50 PM Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/85464367064?pwd=WXc1TXRjcEpoSlN0NXhXZVlCQ0svZz09 Meeting ID: 854 6436 7064 Passcode: 414141 One tap mobile +13126266799,,85464367064#,,,,*414141# US (Chicago) +19292056099,,85464367064#,,,,*414141# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Find your local number: https://us02web.zoom.us/u/kbm3arHT0c 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: October 1, 2021 City Council Work Session Agenda Tuesday, October 5, 2021 at 6:50 p.m. Council Chambers/Zoom 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, October 5, 2021 at _____ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. If the agenda items are not completed in time for the regular City Council meeting at 7 p.m., the meeting will be continued and resumed immediately following the regular City Council meeting. The public may also monitor and participate in the meeting by connecting via Zoom, through one of the methods identified on the City Council Meeting Schedule for Tuesday, October 5, 2021. I. Attendance Council members Staff ____ Budziszewski ____ Norris ____ Cummings ____ Therres ____ Kiser ____ Gilchrist ____ LaRoche ____ Elholm ____ Parsons ____ Larson ____ Adams ____ Ray ____ Banks ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Constituent issues update. 2. New business. * 3. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529 Page 1 of 2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: October 1, 2021 City Council Meeting Agenda Tuesday, October 5, 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 meetings: a. The City Council work session on September 21, 2021. b. The City Council meeting on September 21, 2021. c. The City Council work session on September 23, 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 a resolution accepting the following donations: a. $317.65 from donation boxes for Crystal Police Explorers. b. $2,500 from Senate District 45 DFL and Austin Berger for a memorial bench at Becker Park in memory of Tonya Carlson Eide. c. $5,000 from VFW Post 494 for the recreation scholarship program. 3.4 Acceptance of the biennial body camera audit report. 3.5 Approval of a resolution supporting a grant application to the Minnesota Brownfield’s Gap Financing Program for the Economic Development Authority lot at 4824 56th Ave. N. 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 2 5. Public Hearing 5.1 The Mayor will open a public hearing to receive comment, and the Council will consider a resolution adopting the assessment roll for 2021 utility reconstruction private sanitary sewer service lining repairs. At its September 9 meeting, the Council ordered the public hearing for October 5 to consider the assessment roll for the 2021 utility reconstruction private sanitary sewer service lining repairs. After taking public comment, recommend approval of the resolution adopting the assessment roll for this private work. 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 authorizing the contract for professional services for the 2022 Utility Reconstruction project. As the 2021 Utility Reconstruction project nears completion, it’s time to begin work on the 2022 Utility Reconstruction project. Recommend approval of the resolution authorizing the contract for professional services for next year’s project. 6.3 The Council will consider a resolution authorizing notice of a public hearing on proposed City Charter amendments. As the City Attorney mentioned at the September 23 work session, the Charter Commission has completed its review of the City Charter and will consider formally forwarding the amendments to the City Council at its October 7 meeting. Recommend approval of the resolution providing notice. 7. Announcements a. Special Materials Drop-off Day is Saturday, October 9 from 8 a.m. – 3 p.m. at Brooklyn Park Operations and Maintenance Facility, 8300 Noble Ave. N. Visit www.hrg-recycling.com for more information. b. West Metro Fire-Rescue District is holding at Open House on Saturday, October 9 from 9 a.m. – noon at Station 3 in New Hope. c. The next City Council meeting is Tuesday, October 19 at 7 p.m. in the Council Chambers at City Hall and via Zoom. d. 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 work session minutes September 21, 2021 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:45 p.m. on September 21, 2021 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the meeting to order. I. Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Council members Banks and Parsons were absent. City staff present: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Police Chief S. Revering, Community Development Director J. Sutter, and City Clerk C. Serres. II. Agenda The Council and staff discussed the following agenda items: 1. City manager monthly check-in. 2. Constituent issues update. 3. New business. 4. Announcements. III. Adjournment The work session adjourned at 6:49 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 3.1(a) Crystal City Council meeting minutes September 21, 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 September 21, 2021 at 7:01 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota and via Zoom. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Council members Banks and Parsons were absent. City staff present: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Police Chief S. Revering, Community Development Director J. Sutter, Public Works Director M. Ray, City Planner D. Olson, West Metro Fire-Rescue District Chief S. Larson, and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Kiser to approve the agenda. Motion carried. 3.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council work session on September 9, 2021. b. The City Council meeting on September 9, 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. 2021-79, authorizing execution of a Joint Powers Agreement between the State of Minnesota and the City of Crystal regarding the Internet Crimes Against Children Task Force. 3.4 Approval of the execution of a Joint Powers Agreement with Hennepin County related to access to the library and police project. Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve the consent agenda. Motion carried. 4.Open Forum No public comment was given during open forum. 3.1(b) Crystal City Council meeting minutes September 21, 2021 Page 2 of 3 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 Kiser to approve the list of disbursements over $25,000. Voting aye: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Banks and Parsons. Motion carried. 5.2 The Council considered approval of the site and building plans for 4741 Welcome Ave. N. City Planner Dan Olson addressed the Council. Applicant Emeka Okeapu also addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to approve the site and building plans for 4741 Welcome Ave. N., subject to the conditions outlined in the staff report. Voting aye: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Banks and Parsons. Motion carried. 5.3 The Council considered a resolution appointing Crystal representatives to the Joint Airport Zoning Board. City Planner Dan Olson addressed the Council. Moved by Mayor Adams and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2021 – 80 RESOLUTION SELECTING MEMBERS AND ALTERNATES FOR JOINT AIRPORT ZONING BOARD Voting aye: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Banks and Parsons. Motion carried, resolution declared adopted. 5.4 The Council considered a resolution authorizing the replacement of the control systems for the Maryland sanitary sewer lift station. Public Works Director Mark Ray addressed the Council. Moved by Council Member Cummings and seconded by Council Member Budziszewski to adopt the following resolution: 3.1(b) Crystal City Council meeting minutes September 21, 2021 Page 3 of 3 RESOLUTION NO. 2021 – 81 APPROVING THE REPLACEMENT OF CONTROL SYSTEMS AT THE MARYLAND SANITARY SEWER LIFT STATION Voting aye: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Banks and Parsons. Motion carried, resolution declared adopted. 5.5 The Council considered a resolution authorizing the contract for fiber optic installation to the Maryland sanitary sewer lift station. Public Works Director Mark Ray addressed the Council. Moved by Council Member Cummings and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2021 – 82 AUTHORIZING THE CONTRACT FOR FIBER OPTIC INSTALLATION TO MARYLAND AVE SANITARY SEWER LIFT STATION Voting aye: Budziszewski, Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Banks and 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. Motion carried. The meeting adjourned at 7:25 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Chrissy Serres, City Clerk 3.1(b) Crystal City Council work session minutes September 23, 2021 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on September 23, 2021 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for city council members and staff: Council members present: Banks, Budziszewski, Cummings, Kiser, Parsons, and Adams. Council Member LaRoche was absent. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Community Development Director J. Sutter and West Metro Fire-Rescue District Chief S. Larson. Also present were Blue Line Extension representatives JoNette Kuhnau of Kimley Horn, Dan Soler of Hennepin County and Nick Landwer of Metro Transit. II.Agenda The Council and staff discussed the following agenda items: 1.Review Charter Commission’s entire set of recommended amendments to City Charter. 2.Blue Line Extension update. III.Adjournment The work session adjourned at 8:17 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 3.1(c) Page 1 of 1 City of Crystal Council Meeting October 5, 2021 Applications for City License Refuse Hauler (pre-approved by city manager on September 30, 2021) Advanced Disposal dba Veolia, 309 Como Ave., St. Paul, MN 55103 Randy’s Sanitation, P.O. Box 169, Delano, MN 55328 Republic Services dba Allied Waste Services, 8661 Rendova St. NE, Circle Pines, MN 55014 Sanimax USA, 505 Hardman Ave., So. St. Paul, MN 55075 Waste Management, 10050 Naples St. NE, Blaine, MN 55449 Rental – New 3136 Douglas Dr. N. – Vertical Capital Group LLC (Conditional) 3703 Douglas Dr. N. Unit B – Evan Baskerville (Conditional) Rental – Renewal 5330 Angeline Ave. N. – Mark and Amber Lange (Conditional) 3601-3603 Colorado Ave. N. – Fruen & Pfeiffer LLP (Conditional) 6714 Corvallis Ave. N. – Herman Capital Partners V LLC (Conditional) 3960 Douglas Dr. N. – William and Ruth Klatte 4237 Douglas Dr. N. – Drew and Terri Kabanuk 5153 Douglas Dr. N. – James and Bonnie McVeigh (Conditional) 4224 Edgewood Ave. N. – Matthew Selden (Conditional) 5407 Hampshire Ave. N. – CBB Property Mgmt (Conditional) 5700 Hampshire Ave. N. – Todd Campbell (Conditional) 4088 Jersey Ave. N. – R L Pfeiffer and A J Pfeiffer (Conditional) 3524 Kyle Ave. N. – Sogdiana LLC (Conditional) 3250 Nevada Ave. N. – William and Beth Norberg (Conditional) 5222 Unity Ct. N. – NANDRI LLC (Conditional) 3300 Welcome Ave. N. – MNSF (Conditional) 3703 Zane Ave. N. – Mark Butler 7225 32nd Ave. N. – Mark Edblom 5123 49th Ave. N. – Reese Pfeiffer 6610-6614 50th Ave. N. – Jeff Petersen (Conditional) 6820 50th Ave. N. – Peter Gross 5332 52nd Ave. N. – Raymond Zettel 6620 57th Ave. N. – CCF2 LLC Tree Trimmer Urban Tree & Landscape, P.O. Box 644, Albany, MN 56307 3.2 CITY OF CRYSTAL RESOLUTION NO. 2021 – RESOLUTION ACCEPTING DONATIONS WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donors Purpose Amount Donation boxes Crystal Police Explorers $317.65 Senate District 45 DFL and Memorial bench at Becker Park Austin Berger in memory of Tonya Carlson Eide $2,500 VFW Post 494 Recreation scholarship program $5,000 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for their generous donations. Dated: October 5, 2021 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Chrissy Serres, City Clerk 3.3 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police DATE: September 30, 2021 SUBJECT: Body Camera Audit Cc: Anne Norris, City Manager MMEEMMOORRAANNDDUUMM As you are aware the police department has had body-worn cameras since March, 2017. Per MN State Statute 13.825, Portable Recording Systems, we must conduct a biennial audit and give our governing body the results. Attached to this memo is the successful audit that was completed. This item will be on the consent agenda for your review. Please let me know if you have any questions (and below is the language describing the statute). Subd. 9. Biennial audit. (a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2. (b) The results of the audit are public, except for data that are otherwise classified under law. The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting. (c) A report summarizing the results of each audit must be provided to the governing body with jurisdiction over the budget of the law enforcement agency and to the Legislative Commission on Data Practices and Personal Data Privacy no later than 60 days following completion of the audit. 3.4 INDEPENDENT AUDIT REPORT Chief Stephanie Revering Crystal Police Department 4141 Douglas Dr. N. Crystal, MN 55422 Dear Chief Revering: An independent audit of the Crystal Police Department’s Portable Recording System (body-worn cameras (BWCs)) was conducted of June 29, 2021. The objective of the audit was to verify Crystal Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473. Data elements the audit includes: Minnesota Statute §13.825 •Data Classification •Retention of Data •Access by Data Subjects •Inventory of Portable Recording System Technology •Use of Agency-Issued Portable Recording Systems •Authorization to Access Data •Sharing Among Agencies Minnesota Statute §626.8473 •Public Comment •Body-worn Camera Policy The Crystal Police Department is located in Hennepin County, Minnesota and employs thirty- three (33) peace officers. The Crystal Police Department utilizes WatchGuard Vista body-worn cameras and software and stores the BWC data on a hosted file server. The audit covered the time period August 1, 2019, through June 15, 2021. Audit Requirement: Data Classification Determine that the data collected by BWCs are appropriately classified. BWC data is presumptively private. During the time period August 1, 2019, through June 15, 2021, the Crystal Police Department maintains BWC data with both public and private or non- public data classifications. The Crystal Police Department had two instances of the discharge of a firearm by a peace officer in the course of duty. There were no instances of the use of force by a peace officer that resulted in substantial bodily harm, requests from data subjects for the data to be made accessible to the public or court orders directing the agency to release the BWC data to the public. No discrepancies noted. 3.4 Audit Requirement: Retention of Data Determine that the data collected by BWCs are appropriately retained and destroyed in accordance with statutes. The Crystal Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention periods in the WatchGuard software system. At the conclusion of a BWC recording, a WatchGuard category type is assigned. Each WatchGuard category type has an associated retention period. Upon reaching the retention date, data is systematically deleted. Active BWC data is accessible in the WatchGuard Evidence Library. Randomly selected records from a server Purged Vista Events Report were verified against the record purge date. All records were purged in accordance with record retention. Randomly selected videos from within the WatchGuard Evidence Library were verified against the scheduled deletion date. Each record was scheduled for deletion in accordance with the record retention schedule. All BWC data is maintained for the minimum 90 days required by statute. Records selected were from the time period August 1, 2019, through June 15, 2021. Deleted BWC video, meta data, and audit trails are not accessible in the WatchGuard Evidence Library. The server log maintains a listing of all active and deleted BWC data with associated meta data and audit trail activity. Police Sergeants and Lieutenants monitor BWC data for proper categorization to ensure BWC data are appropriately retained and destroyed. The Crystal Police Department has received no requests from data subjects to retain BWC data beyond the applicable retention period. No discrepancies noted. Audit Requirement: Access by Data Subjects Determine that individuals who are the subject of collected data have access to the data, and if the data subject requests a copy of the data, other individuals who do not consent to its release must be redacted. BWC data is available to data subjects and access may be requested by submission of a written request. During the time period August 1, 2019, through June 15, 2021, the Crystal Police Department had received both requests to view and requests for copies of BWC data from data subjects. Data subjects other than the requestor were redacted. A copy of the redacted data is maintained in the third-party redaction software system. BWC data requests are maintained in a request file and documented in the “label and export” field in WatchGuard. The Evidence Technician is responsible for reviewing data prior to its release. No discrepancies noted. 3.4 Audit Requirement: Inventory of Portable Recording System Technology Determine the total number of recording devices owned and maintained by the agency; a daily record of the total number of recording devices actually deployed and used by officers, the policies and procedures for use of portable recording systems by required by section 626.8473; and the total amount of recorded audio and video collected by the portable recording system and maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures for destruction of the data, and that the data are available to the public. Crystal Police Department’s BWC inventory consists of 29 devices. Inventory is maintained in WatchGuard Evidence Library. Officers are assigned BWC devices. The Crystal Police Department has established and enforces a BWC policy that governs the use of BWCs by peace officers while in the performance of their duties. The BWC policy requires officers to ensure the BWC is functioning properly and to promptly report any malfunction to a supervisor. A review of randomly selected dates from the patrol schedule were verified against the Active and Purged Vista Events Reports and confirmed that BWC’s are being deployed and officers are wearing and activating their BWCs. A review of BWC data collected per quarter shows a consistent collection of data. The total amount of active data is accessible in the WatchGuard Evidence Library. A server log report documents the total amount of active and deleted BWC data. The Crystal Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention in WatchGuard. BWC video is fully deleted from the local file server upon the scheduled deletion date. Meta data and audit trail information are maintained on the server. BWC data is available upon request, and access may be requested by submission of a written request. No discrepancies noted. Audit Requirement: Use of Agency-Issued Portable Recording Systems Determine if peace officers are only allowed to use portable recording systems issued and maintained by the officer’s agency. The Crystal Police Department’s BWC policy states that officers may use only department- issued BWCs in the performance of official duties for the agency or when otherwise performing authorized law enforcement services as an employee of the department. No discrepancies noted. 3.4 Audit Requirement: Authorization to Access Data Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of portable recording systems and in maintaining portable recording system data. Sergeants and Lieutenants review BWC data to ensure proper labeling and compliance with policy. User access to BWC data is managed by the assignment of group roles and permissions in WatchGuard. Permissions are based on staff work assignments. Access to WatchGuard is password protected and requires dual authentication. User access to WatchGuard is managed by the Crystal Police Department Evidence Technician. Agency personnel are prohibited from accessing BWC data for non-business reasons and from sharing the data for non-law-enforcement-related purposes. The agency’s BWC policy governs access to and sharing of data. The BWC policy requires department members to document the sharing of data at the time of disclosure. Access to data is captured in the audit trail. When BWC data is deleted from WatchGuard, its contents cannot be determined. Crystal Police Department has had no security breaches. No discrepancies noted. Audit Requirement: Sharing Among Agencies Determine if non public BWC data is shared with other law enforcement agencies, government entities, or federal agencies. The Crystal Police Department’s BWC policy allows for the sharing of data with other law enforcement agencies for legitimate law enforcement purposes only, and for the sharing of data with prosecutors, courts and other criminal justice entities as provided by law. The Crystal Police Department requires a written request from agencies seeking access to BWC data. Sharing of data is documented in writing at the time of disclosure in the label and export field in WatchGuard. Written requests for BWC data are maintained by the Crystal Police Department. No discrepancies noted. Audit Requirement: Biennial Audit Determine if the agency maintains records showing the date and time the portable recording system data were collected, the applicable classification of the data, how the data are used, and whether data are destroyed as required. A report produced from the WatchGuard server documents the date and time portable recording system data was collected, the retention period of the data, and the audit trail associated to the 3.4 data. A WatchGuard Evidence Export and the Label and Export field document how the data are used and shared. No discrepancies noted. Audit Requirement: Portable Recording System Vendor Determine if portable recording system data stored in the cloud, is stored in accordance with security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Crystal Police Department’s WatchGuard server is hosted at, and supported by, Local Government Information Systems (Logis). CJIS controls are in place and both the Crystal Police Department and Logis undergo BCA Security Audits. No discrepancies noted. Audit Requirement: Public Comment Determine if the law enforcement agency provided an opportunity for public comment before it purchased or implemented a portable recording system and if the governing body with jurisdiction over the budget of the law enforcement agency provided an opportunity for public comment at a regularly scheduled meeting. The Crystal Police Department solicited public comment prior to purchase and implementation of the body worn camera program. Public comment was solicited through a body camera survey and a citizen input meeting on October 10, 2016. The Crystal City Council held a public hearing at their February 21, 2017 meeting and approved the purchase of body worn cameras. The body worn camera program was implemented March 1, 2017. No discrepancies noted. Audit Requirement: Body-worn Camera Policy Determine if a written policy governing the use of portable recording systems has been established and is enforced. The Crystal Police Department’s BWC policy is posted on the agency’s website. The policy was compared to the requirements of Minn. Stat. § 626.8473. The agency’s policy includes all minimum requirements of Minn. Stat. § 626.8473, Subd. 3. No discrepancies noted. 3.4 This report was prepared exclusively for the City of Crystal and Crystal Police Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on information and documentation provided and examined. Dated: September 15, 2021 Lynn Lembcke Consulting _____________________________________________ Lynn Lembcke 3.4 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________ TO: Anne Norris, City Manager (for October 5 meeting) DATE: September 30, 2021 RE: Consider adoption of a resolution supporting a grant application to the Minnesota Brownfield’s Gap Financing Program for the EDA lot at 4824 – 56th Ave. N. BACKGROUND City Council is asked to support the submittal of a grant application to Minnesota Brownfields to complete an environmental investigation at 4824 – 56th Avenue North, a property owned by the city’s EDA. Minnesota Brownfields requires a Council resolution supporting the application as part of the grant application submittal. The following is further information about this request: ➢The vacant property at 4824 – 56th Avenue is adjacent to a former gas service station at 4800 – 56th Avenue. ➢From 2017-2021 a monitoring well was placed on the prop erty by Apex Environmental to detect groundwater contamination from the gas station and concluded that no leakage was detected from that property. ➢Before making the property available for residential development, Apex advised city staff that additional environmental investigation of the groundwater and soils should be completed. This will conclude with a report summarizing the findings of the investigation, and if applicable, specific design recommendations for how to build on the site. Staff opinion is that it will be difficult to get builders to make proposals for this site without this environmental investigation, report and recommendations. ➢The cost of this additional investigative work and report would be fully paid for by the Minnesota Brownfields grant. ➢Once the environmental investigation is complete and the report is received, staff will ask the EDA to authorize a Request for Proposal (RFP) to sell the property in 2022 for a new two-family dwelling*. COUNCIL STAFF REPORT 4824 – 56th Avenue North 3.5 *Staff had initially explored dividing the site into two single family lots. However, that is not feasible due to the cost and complexity of installing new water and sanitary sewer services, in particular the county’s prohibition on cutting into their recently-overlayed county road. For this reason, selling the lot for construction of a two-family dwelling is the best option. ACTION REQUESTED City Council approval of the attached resolution is requested. 3.5 2020 Aerial Photo ▲ 4824 56th Ave N N 3.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2021- _______ RESOLUTION SUPPORTING APPLICATION TO MINNESOTA BROWNFIELD’S BROWNFIELD GAP FINANCING PROGRAM WHEREAS, the City of Crystal (“City”) wishes to submit an application to Minnesota Brownfields Brownfield Gap Financing Program (“BGFP) to complete an environmental assessment of the property at 4824 – 56th Avenue North which is owned by the City’s Economic Development Authority (the “Property”); and WHEREAS, Minnesota State Statute 383B.81 requires a resolution supporting the application from the governing body of the municipality where the Property is located; and WHEREAS, the City has the legal authority to apply for financial assistance for the Property, which is owned by the City’s Economic Development Authority. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal supports the submittal of a BGFP application to Minnesota Brownfield to complete an environmental assessment at 4824 – 56th Avenue North, and that the City Manager is hereby authorized to sign said application and other documents required to apply for the BGFP. Adopted by the Crystal City Council this 5th day of October 2021. ____________________________ Jim Adams, Mayor ATTEST: ______________________________ Chrissy Serres, City Clerk 3.5 Memorandum DATE: October 5, 2021 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: 2021 Utility Reconstruction Private Sanitary Sewer Service Lining Repairs Background On September 9, 2021 the City Council declared the amount to be assessed as part of the 2021 Utility Reconstruction Project’s optional Sanitary Sewer Service Lining Repair work, ordered the preparation of the assessment roll, and called for a public hearing on the assessment for October 5, 2021. This program was completely optional. The cost was a flat $7,000 per property to have their sanitary sewer service lined. The purpose of the public hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. Once the public hearing is closed, City Council must, by resolution, adopt the same as the special assessment against the lands named in the assessment roll. Again, this is part of the Minnesota State Statute process for special assessments. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. Discussion Of the 34 parcels in the 2021 Utility Reconstruction Project, 7 parcels participated in the sanitary sewer lining repair program. While every participant signed an agreement showing the cost of the proposed work and waiving their right to appeal the assessment, it is still required to go through the formal assessment process. Attachments •Assessment roll •Example resident payment information letter Recommended Actions •Hold the Public Assessment Hearing on the project. •Motion to approve the Resolution adopting the assessment roll for the 2021 Utility Reconstruction Private Sanitary Sewer Lining Repairs. 5.1 CITY OF CRYSTAL, MINNESOTA 2021 UTILITY RECONSTRUCTION PROJECT 2021-01 October 5, 2021 PID Number Property Address Homeowner Tax Payer Tax Payer Address Assessment Amount 20-118-21-43-0037 2710 Idaho Ave N Crystal, MN 55427 Esther P Cruz Esther P Cruz 2710 Idaho Ave N Crystal, MN 55427 $7,000.00 20-118-21-43-0038 2718 Idaho Ave N Crystal, MN 55427 Leonard & Jacqueline McMahon L J & J I McMmahon 2718 Idaho Ave N Crystal, MN 55427 $7,000.00 20-118-21-43-0039 2726 Idaho Ave N Crystal, MN 55427 Karen M Novy Karen M Novy 2726 Idaho Ave N Crystal, MN 55427 $7,000.00 20-118-21-43-0007 2733 Idaho Ave N Crystal, MN 55427 John E Carter ETAL John E Carter 2733 Idaho Ave N Crystal, MN 55427 $7,000.00 20-118-21-43-0040 2734 Idaho Ave N Crystal, MN 55427 Jeffrey Peter Pratsch JR Jeffrey Peter Pratsch JR 2734 Idaho Ave N Crystal, MN 55427 $7,000.00 20-118-21-43-0020 2908 Idaho Ave N Crystal, MN 55427 Matthew D Shopek Matthew D Shopek 2908 Idaho Ave N Crystal, MN 55427 $7,000.00 20-118-21-43-0025 2942 Idaho Ave N Crystal, MN 55427 CRGV Properties LLC David Yerich 3501 Flag Ave N New Hope, MN 55427 $7,000.00 $49,000.00 PRIVATE SANITARY SEWER LINING REPAIR ASSESSMENT ROLL EXHIBIT A 5.1 EXPLANATION OF OPTIONS FOR PAYMENT OF SPECIAL ASSESSMENTS 2021 UTILITY RECONSTRUTION PRIVATE SANITARY SEWER SERVICE LINING REPAIR October 6, 2021 On October 5, 2021, the City of Crystal levied a special assessment (lien) against your property. A special assessment is a charge to you for work performed by the City that benefits your property. The amount to be specifically assessed against your property is $7,000.00 for the sanitary sewer service lining repair. PROPERTY ADDRESS: PIN #00000000000 4141 Douglas Drive N MARY SMITH Crystal, Minnesota 55422 4141 Douglas Drive N CRYSTAL MN 55422 THIS LETTER IS NOTIFICATION THAT THE SPECIAL ASSESSMENT FOR THE SANITARY SEWER LINING HAS BEEN LEVIED AND IS DUE AND PAYABLE. Instructions for payment Please make your check payable to the City of Crystal. You may deliver or mail the payment to City Hall, 4141 Douglas Drive N, Crystal, MN 55422. Visa and MasterCard will also be accepted at City Hall with a valid picture ID. Payments made before 4:30pm on November 29, 2021 Any payment ($100 minimum) made before the time noted above will reduce the amount put on the taxes next year. If the entire balance is paid, there will be no additional cost put on the taxes. Payments made after 4:30pm on November 29, 2021 Any portion of the balance not paid by this time will added to your property tax statement over a 5-year period beginning in 2022, and ending in 2026. The first year you will be charged 14 months of interest on your assessment balance. After the first year, the amount added to your annual property tax statement will be computed by adding 1/5th of your assessment balance plus simple interest computed at 3.0 percent on the declining balance. You may pay off the entire balance remaining at any time but your payment must be made by the last business day prior to November 15 in order to avoid interest charges for the following year. Special Circumstances You may qualify to defer your assessment to a later date if you meet the requirements. If an assessment is deferred, interest will accrue at the rate of 3.0 percent for the 5-year term of the assessment or until the assessment is paid, whichever comes first. To defer your assessment, you must occupy the property as your homestead, meet the income guidelines listed below, AND be one of the following:1) over the age of 65 2) totally and permanently disabled OR 3) a member of the Minnesota National Guard or other reserves ordered into active military service Household Size Income Limit Household Size Income Limit Household Size Income Limit Household Size Income Limit 1 $55,950 3 $71,950 5 $86,300 7 $99,100 2 $63,950 4 $79,900 6 $92,700 8 $105.500 Please contact Assessing Specialist, Gail Petschl at 763.531.1118 or gail.petschl@crystalmn.gov if you need additional information on the program. -------------------------------------------------------------------------------------------------------------------------------------------------- If paying on or before November 24, 2021 please cut and return this stub with your payment to: Address of Property You Are Paying Assessment on: Amount Enclosed: Property ID# 4141 Douglas Drive N. $ 000000000000000 5.1 CITY OF CRYSTAL RESOLUTION NO. 2021- _____ RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR 2021 UTILITY RECONSTRUCTION PRIVATE SANITARY SEWER SERVICE LINING REPAIRS WHEREAS, the City Council approved the project plans and specifications and ordered the ad for bids for the 2021 Utility Reconstruction Project (“Project”) on March 2, 2021; and WHEREAS, the City Council awarded the contract for the Project on April 20, 2021; and WHEREAS, as part of the Project, residents were given the option to participate in a private sanitary sewer repair program (“Repair Program”); and WHEREAS, the owners requesting participation in the Repair Program petitioned the City for said improvements and signed an agreement waiving their right to appeal the assessment associated with the Repair Program; and WHEREAS, the Repair Program, is being constructed in accordance with the Minnesota Statutes, chapter 429 requirements; and WHEREAS, the Crystal City Council called for the assessment hearing at the September 9, 2021 City Council meeting; and WHEREAS, the Crystal City Council held the assessment hearing on October 5, 2021, at which it heard and passed on all objections to the proposed assessment for the Repair Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1. The proposed assessment for the Repair Program is hereby accepted and shall constitute the special assessment against the lands identified on the attached Exhibit A, and each tract of land is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. The total cost to be assessed against the 7 properties whose owners elected to participate in the Repair Program is $49,000.00, with a set assessment amount of $7,000 per property. 2. Such assessment shall be payable in equal principal installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 2022, and shall bear interest at the rate of 3.0 percent per annum from the date of adoption of this assessment resolution until December 31, 2026. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property assessed may, at any time prior to certification of the assessment to the County Auditor (the end of business on November 29, 2021), pay the whole or partial payment ($100 minimum) of the assessment on such property, with no interest accrued on the amount paid to the City Treasurer. The balance amount of the assessment remaining unpaid, with interest accrued to December 31 will be certified. To avoid future year interest, such payment must be made by the last business day prior to 5.1 November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall transmit a certified copy of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Crystal City Council this 5th day of October 2021. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 5.1 DATE:September 29, 2021 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount LOGIS Monthly application support and hosting $34,412.00 Short Elliot Hendrickson, Inc.2021 Utility Reconstruction project costs through 8/31 $31,243.18 LMCIT Quarterly workers compensation insurance $127,874.00 MN PERA Employee & city required contributions for 09/17/21 pay date $61,194.11 Metropolitan Council Environ Svs Wastewater services for October $143,035.56 $397,758.85 Description 6.1 Memorandum DATE: October 5, 2021 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: Authorize professional services for 2022 Utility Reconstruction Project Summary Staff has received a proposal from Short Elliott Hendrickson, Inc. (SEH) for professional services associated with the 2022 Utility Reconstruction project, dated September 22, 2021. The professional services will include everything from surveying and design through bidding and construction services which will include a field project representative on site during the entire project. The proposal includes a not to exceed cost of $247,348. Staff has reviewed the proposal from SEH and found it to be accurate and in order with previous work they have provided during the street reconstruction and utility reconstruction projects. Attachment •Professional services agreement dated September 22, 2021, from SEH, Inc. for professional services for the 2022 Utility Reconstruction project. Recommended Action Motion authorizing the Professional Services Agreement with SEH, Inc. for services related to the 2022 Utility Reconstruction project 6.2 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10400 Yellow Circle Drive, Suite 500, Minnetonka, MN 55343-9229 952.912.2600 | 800.734.6757 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer Supplemental Letter of Agreement to Agreement for Professional Services Dated January 15, 2019 September 22, 2021 RE: Crystal, MN 2022 Utility Reconstruction – Proposal for Design, Bidding and Construction Phase Services SEH No. CRYST 163240 10.00 Mark Ray, PE Director of Public Works / City Engineer City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Dear Mark: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit our Supplemental Letter Agreement (SLA) for the 2022 Utility Reconstruction project. If accepted, this SLA describes how we will provide design, bidding and construction phase services for a not-to-exceed fee of $247,348.00. This amount is detailed in the attached Task Hour Budget (THB) and includes our reimbursable expenses. We will bill the City monthly for reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our Agreement for Professional Services dated January 15, 2019 (Agreement). During the course of the construction phase, we will bill the City monthly for services, expenses, and equipment. This financial arrangement is based on the orderly and continuous progress of the project. If the contractor fails to complete work by the specified date, and/or the scope of work is changed, SEH will invoice our services an additional amount on an hourly basis plus expenses in accordance with previously agreed upon rates. Based on the feasibility study recently completed by SEH, three (3) street segments were identified for utility and street reconstruction: 31st Avenue from Hampshire Avenue to Florida Avenue\Florida Avenue to 30th Avenue, Edgewood Avenue just south of 32nd Avenue & Edgewood Avenue from 30th Avenue to 29th Avenue. Included in our scope of services are tasks to meet the requirements associated with the recently updated MS4 permit. We will complete an analysis of the stormwater drainage within the project area and will present City staff with various treatment device alternatives (including pros/cons and estimated cost). The selected device will then be implemented during construction. We will start our services promptly after receipt of your authorization of this Agreement. We anticipate conducting our work to match the following approximate production schedule. Item Milestone Date Authorization to Proceed October 2021 Neighborhood Open House No. 1 December 2021 6.2 Mark Ray, PE September 22, 2021 Page 2 Item Milestone Date Neighborhood Open House No. 2 January 2022 Final Bid Documents Complete February 2022 Bid Opening Early-March 2022 Begin Construction May 2022 This Supplemental Letter Agreement and the Agreement represent the entire understanding between you and us in respect to the project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return it to us. Thank you for our continued working relationship with the City. Please contact me at 952.912.2629 or wbauer@sehinc.com with questions regarding this proposal. Sincerely, SHORT ELLIOTT HENDRICKSON INC. William Bauer, PE (Lic. MN, IA, SD) Toby Muse, PE (Lic. MN) Project Manager Client Service Manager City of Crystal, Minnesota Accepted this _____ day of _________________, 2021 By: _____________________________ Title: _____________________________ By: _____________________________ Title: _____________________________ Enclosures x:\ae\c\cryst\163240\1-genl\10-setup-cont\03-proposal\2022 street reconstruction proposal 09 22 21.docx 6.2 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew ChiefSurvey Tech Admin Tech Expenses Total1.124284414522262712 2 N/A 23$451.33 $1,073.84 $1,304.48$224.72$3,054.371.2210102212122422222N/A46$217.41$2,536.38 $2,325.71$5,079.50271422222N/A69$451.33 $1,073.84$1,521.89$2,536.38 $2,325.71 $224.72 $849.75 $8,983.622.112312126622320N/A23$460.22$2,174.13$2,634.352.2122521471146121218924330N/A39$451.33 $613.62$593.46 $3,492.72$5,151.132.312314526812181212520N/A28$225.67 $306.81 $991.94 $3,250.17$4,774.582.42101214511810212141451247189Reduce survey data into basemap (Create CAD BA file)Add Existing Public/Private Utilities to Base MapSubtotal HoursSubtotal FeesSubtotal HoursEstablish Road AlignmentsIdentify Stormwater Treatment Requirements Evaluate Existing Storm Sewer CapacitySubtotal HoursSubtotal FeesPreliminary Stormwater InvestigationTask Hours SummaryTask Fee SummaryTask #2 - Preliminary Design / Design DevelopmentBase Map PreparationCollect Mapping Determine Drainage System Layout (1) (2)Geotechnical Recommendation Memorandum - Pavement DesignEvaluate Pavement SectionSubgrade AnalysisEstablish Typical SectionsGeotechnical EngineeringDevelop site stratigraphy/soil parametersEstablish Utility Replacement Extent and AlignmentsDetermine Project QuantitiesReview Construction Phasing, Sequencing, CoordinationIdentify Utility ConflictsEstablish Vertical Alignments and Plan & Profile SheetsReview Base Map - QA/ACOne Initial Meeting with Watershed DistrictReview Geotechnical Data and Evaluate Existing Soils Task #1 - Data Collection and Project InitiationSurvey Existing Utilities - Post Field LocatesComplete miscellaneous supplemental topo surveyProject Name: 2022 Utility Reconstruction (Segment 285-31st Ave from Hampshire Ave to Florida Ave/Florida Ave to 30th Ave & Segment 270-Edgewood Ave from 32nd Ave to south & Segment 170-Edgewood Ave from 30th Ave to 29th Ave)Client: City of Crystal, MNSubtotal FeesData Collection and Kickoff MeetingTopographic SurveySubtotal HoursSubtotal FeesSubtotal HoursProject Kickoff MeetingExisting Conditions Photos & VideoCollect & Review Existing Mapping Data/As-BuiltsGopher State One Call Design Locate & Utility Coordination MeetingSEH Project: CRYST 163240Date: September 22, 2021Billing TitleSubtotal FeesPreliminary Design Layout (6)Page 1 of 56.2 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew ChiefSurvey Tech Admin Tech Expenses TotalProject Name: 2022 Utility Reconstruction (Segment 285-31st Ave from Hampshire Ave to Florida Ave/Florida Ave to 30th Ave & Segment 270-Edgewood Ave from 32nd Ave to south & Segment 170-Edgewood Ave from 30th Ave to 29th Ave)Client: City of Crystal, MNSEH Project: CRYST 163240Date: September 22, 2021Billing Title1281122451458N/A 77$1,128.33 $2,147.67 $6,304.98$9,580.9882352033078N/A 167$1,805.33 $3,528.32 $991.94 $3,250.17 $593.46 $3,492.72 $8,479.11$548.70 $22,689.743.1121212122222822226N/A32$451.33 $306.81$395.64 $3,027.02$4,180.813.21113412166610104610441939N/A49$225.67 $1,380.65$4,239.55$5,845.863.31122662244441122226666220222020821024410246228824283344841216448621214114N/A157$1,354.00 $3,221.51$395.64 $1,629.94 $12,392.54$18,993.6290% and 100% Plan and Estimate Review with ClientGeneral NotesTabulationsConstruction detailsWater, Sanitary Sewer, and Storm Sewer PlansStorm Water Pollution Prevention Plan (SWPPP)Stormwater BMP and DetailsGeneral LayoutTask Hours SummaryTask Fee SummaryPreliminary Design Review Meeting with Client (9)Develop Preliminary OPCDrainage System DesignDetermine Final Typical SectionsCreate existing/proposed pipe networks (12)Subtotal FeesStreet and Utility DesignSetup Civil3D modelsRefine Profiles for Design Criteria and Tie-insStatement of Estimated Quantities, Notes, Standard PlatesTypical SectionsSequence of Operations/PhasingAlignment Tabulation and Survey ControlExisting Conditions/Removals (8)Site Grading Plan (3)Plan and Profile SheetsConstructability ReviewProject site walkthrough plan reviewFinal Project Cost Estimate (OPC)Permanent stormwater BMP design Geometric Design DetailsADA Compliance Design (5)Task #3 - Final Design / Design DevelopmentSubtotal HoursDrainage Report/Agency submittals Establish Road Geometrics (4)Subtotal HoursSubtotal FeesSubtotal HoursSubtotal FeesConstruction Plans and Cost EstimateErosion Control and restoration planTraffic ControlCross Sections (7)Quality control reviewTitle SheetSubtotal HoursSubtotal FeesPage 2 of 56.2 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew ChiefSurvey Tech Admin Tech Expenses TotalProject Name: 2022 Utility Reconstruction (Segment 285-31st Ave from Hampshire Ave to Florida Ave/Florida Ave to 30th Ave & Segment 270-Edgewood Ave from 32nd Ave to south & Segment 170-Edgewood Ave from 30th Ave to 29th Ave)Client: City of Crystal, MNSEH Project: CRYST 163240Date: September 22, 2021Billing Title3.4441232244411221368146 128174264 20 2 1 2 16 12 N/A 57$902.66 $3,068.10 $325.02 $197.82 $232.85 $1,739.30 $1,348.33 $7,814.0813 52 2 5 42 169 12 N/A 295$2,933.66 $7,977.06 $325.02 $989.10 $4,889.81 $18,371.40$1,348.33 $948.60 $37,782.974.114511010 42566124422416 4 N/A 46$451.33 $3,681.72 $1,739.30$449.44$6,321.804.22104218412166221062864N/A44$1,354.00 $4,295.34$652.24$449.44$6,751.02852228N/A90$1,805.33 $7,977.06$2,391.54$898.88 $301.80 $13,374.625.11458421422424622215410N/A31$451.33 $2,301.08$434.83$1,123.61$4,310.845.21310145533Subtotal FeesPublic Informational MeetingSubtotal HoursPrepare notice to proceed letterSpecial provisionsQuality control reviewTask Fee SummaryTask Hours SummarySubtotal FeesSubtotal HoursMSA Approval (not MSA routes)County PermitDepartment of HealthSubtotal FeesTechnical specificationsGeotechnical dataContract formsConditions of the contractSupplementary conditionsRespond to bid questions & prepare addendaTask #4 - Public EngagementSocial Media InformationPublic Information MaterialsReview Property Owner Survey DataPrepare Project Mailer Materials - two (2) meetingsWebsite Information Materials and MapSubtotal HoursSubtotal FeesPrepare Meeting Materials and Notices - two (2) meetingsPublic Informational Meeting - two meetings (10)Bidding requirementsFront end documentsProject Manual / Contract DocumentsSummarize Public Input and FindingsSubtotal HoursProject PermittingWatershed District Permit(s)MPCA Sewer Mod/Add/Extension Permit (11)BiddingPrepare ad for bid & electronic bid docsTask Hours SummaryTask Fee SummaryTask #5 - Permits and BiddingPrepare tabulation of bid and award recommendation letterAttend bid openingMS4 PermitPage 3 of 56.2 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew ChiefSurvey Tech Admin Tech Expenses TotalProject Name: 2022 Utility Reconstruction (Segment 285-31st Ave from Hampshire Ave to Florida Ave/Florida Ave to 30th Ave & Segment 270-Edgewood Ave from 32nd Ave to south & Segment 170-Edgewood Ave from 30th Ave to 29th Ave)Client: City of Crystal, MNSEH Project: CRYST 163240Date: September 22, 2021Billing Title1455319N/A 27$767.03 $593.46 $2,212.06$3,572.542 20 3 19 4 10 N/A 58$451.33 $3,068.10 $593.46 $2,212.06 $434.83$1,123.61 $174.00 $8,057.386.1262102810444428810N/A 28$451.33 $1,227.24$869.65 $1,246.46$3,794.686.28526088353512142612126814811334N/A155$1,805.33 $17,334.77$4,237.95$23,378.046.344448661244888168816661212020411881711616331881721212262241111102102N/A215$1,371.10 $11,759.58 $10,782.83$23,913.516.4212630644212630N/A644$451.33 $1,840.86$78,526.67$80,818.86Materials testing coordinationPay applicationsWeekly construction meetings - 14 weeksTask Fee SummaryTask #6 - Construction ServicesConstruction Limits & Silt FenceStake Right of Way and EasementsCreate application for payment formsCreate field quantity bookReview shop drawingsPreconstruction ActivitiesPreconstruction meeting agenda, attendance, minutesTask Hours SummarySubtotal HoursSubtotal FeesConstruction ObservationConstruction observation - Grad Eng for 14 weeks at 45 hours per weekSubtotal FeesSubtotal HoursCreate stakeout file / point filesStake removalsStorm SewerNewsletter updatesSubtotal FeesConstruction AdministrationProject managementEngineering SupportNPDES PermitSubtotal HoursSubtotal FeesWetland Permit (11)Sanitary SewerWater MainSubtotal HoursSubtotal FeesPedestrian RampsConstruction StakingSubtotal HoursSigns & StripingLighting & ElectricRoadway AlignmentGrading & PondsRoadway SubgradeAggregate baseConcrete pavementCurb and gutterWalksPage 4 of 56.2 CSMPMPEPEPE Scientist Tech Grad EngSurvey Crew ChiefSurvey Tech Admin Tech Expenses TotalProject Name: 2022 Utility Reconstruction (Segment 285-31st Ave from Hampshire Ave to Florida Ave/Florida Ave to 30th Ave & Segment 270-Edgewood Ave from 32nd Ave to south & Segment 170-Edgewood Ave from 30th Ave to 29th Ave)Client: City of Crystal, MNSEH Project: CRYST 163240Date: September 22, 2021Billing Title6.543441538113123108363831443724642642220 27 10 8 4 N/A 95$902.66 $3,374.91 $2,174.13 $3,365.43 $1,152.90 $845.71 $449.44$12,265.1916155287121121104N/A1,137$3,610.66 $23,777.78$3,043.78 $88,747.60 $12,912.48$11,628.54 $449.44 $12,289.42 $156,459.69271422222N/A69$451.33 $1,073.84$1,521.89$2,536.38 $2,325.71 $224.72 $849.75 $8,983.6282352033078N/A167$1,805.33 $3,528.32 $991.94 $3,250.17 $593.46 $3,492.72 $8,479.11$548.70 $22,689.741352254216912N/A2952,934 7,977325989 4,890 18,3711,348 $948.60 $37,782.97852228N/A90$1,805.33 $7,977.06$2,391.54$898.88 $301.80 $13,374.62220319410N/A58$451.33 $3,068.10$593.46 $2,212.06 $434.83$1,123.61 $174.00 $8,057.3816155287121121104N/A1,137$3,610.66 $23,777.78$3,043.78 $88,747.60 $12,912.48$11,628.54 $449.44 $12,289.42 $156,459.6949309522119131571213413236N/A1,816$11,057.63 $47,402.15 $991.94 $3,575.19 $2,176.02 $10,594.58 $34,242.55 $88,747.60 $15,448.86 $13,954.25 $4,044.98 $15,112.27 $247,348.00Notes:(1)This proposal assumes the project area contains no wetlands or contaminated soil material.(2)Assumes minimal stormwater BMPs or off-site improvements will be required to comply with Watershed District requirements(3)Establish grading limits of proposed improvements. Assumes vertical alignment of roadway will generally match existing grades.(4)Includes design for segments of 31st Ave, Florida Ave and Edgewood Ave with minimal improvements within the ROW for 32nd Ave, Hampshire Ave, Georgia Ave, and 30th Ave.(5)ADA compliance review applies to sidewalk curb ramps at Edgewood Ave/32nd Ave intersection(6)Preliminary plans include title sheet, location map, typical sections, details, plan and profile sheets of roads, water main, sanitary sewer, storm sewer and draft cross section sheets.(7)Retaining wall design is not included with this proposal. We can provide this additional service, if necessary, once locations of retaining walls are known.(8)(9)Assumes comments received during review meeting does not entail a significant redesign of road and utilities. (10)(11)(12)Assumes existing storm sewer will be replaced in kind with minor changes. No storm sewer capacity or inlet spacing analysis proposed.Assumes permit will not be requiredLighting design is not included in this proposal. We can provide this additional service if requested.Assumes this project will not include MS 429 Special Assessments.Project Hours SummaryProject Fee SummaryTask Hours SummaryTask Fee SummaryTask Fee SummaryTask #4 - Public EngagementTask #2 - Preliminary Design / Design DevelopmentTask Hours SummaryTask #5 - Permits and BiddingTask Fee SummaryTask #3 - Final Design / Design DevelopmentTask Hours SummaryTask Fee SummaryTask Hours SummaryTask Fee SummaryProject Summary Tasks #1-6Task #6 - Construction ServicesTask Hours SummaryTask Fee SummaryTask Hours SummaryTask #1 - Data Collection and Project InitiationFinal application for payment & contractor closeout letterSubtotal HoursSubtotal FeesProject CloseoutCreate agency closeout submittalAs built survey & structuresComplete as built drawingsSite closeout walkthrough & develop punch listPunch list coordination1 year warranty walkthrough and follow upTask Hours SummaryTask Fee SummaryPage 5 of 56.2 RESOLUTION NO. 2021- ___ AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE 2022 UTILITY RECONSTRUCTION PROJECT WHEREAS, the maintaining and reconstructing City infrastructure is an essential service in the City of Crystal; and WHEREAS, SEH, Inc. provided professional services for the entire Street Reconstruction Program which lasted over 20 years and the last two Utility Reconstruction Projects; and WHEREAS, the City has developed a long term plan for reconstruction of the City’s water, sanitary sewer, and storm water infrastructure; and WHEREAS, SEH, Inc. has completed the feasibility study for this area; and WHEREAS, the equipment and staffing required for the design of such projects is beyond the in-house capability of the City; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the agreement for professional services with SEH, Inc. for the 2022 Utility Reconstruction project. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign such contract. Adopted by the Crystal City Council this 5th day of October, 2021. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.2 CR225-327-751694.v1 Kennedy Troy J. Gilchrist 150 South Fifth Street Suite 700 Minneapolis MN 55402 (612) 337-9214 telephone (612) 337-9310 fax tgilchrist@kennedy-graven.com http://www.kennedy-graven.com & Graven C H A R T E R E D MEMORANDUM To: Crystal City Council From: Troy Gilchrist, City Attorney Date: September 29, 2021 (October 5, 2021 Regular Meeting) Re: Resolution Authorizing Publication of Proposed Charter Amendments --------------------------------------------------------------------------------------------------------------------- For several months the City Council and the Charter Commission have been working on a comprehensive set of amendments to the City Charter. The most common method for amending the City Charter is by recommendation of the Charter Commission and adoption of an ordinance by the City Council. At its October 7, 2021 meeting, the Charter Commission is anticipated to act to formally recommend and forward the amendments to the City Council. The process to amend a charter by ordinance requires at least two weeks of published notice and holding a public hearing before adopting the amendments. To help keep the process moving, the enclosed resolution authorizes staff to publish notice of the hearing once the amendments are forwarded by the Charter Commission. Because the amendments are spread over 19 pages, the resolution also approves summary language for publication of the proposed amendments and directs the full set of amendments to be posted on the City’s website. The following is the proposed timeline for the consideration and adoption of the amendments. Date Body Action October 5 City Council Adopt a resolution approving providing notice of a public hearing on the proposed amendments October 7 Charter Commission Act to formally recommend and forward the amendments to the Council Oct 8 – Oct 21 Staff Publish notice of hearing to occur on Nov 2 October 19 City Council First Reading of ordinance adopting amendments November 2 City Council Second reading, public hearing, and adoption of ordinance approving amendments Feb 1, 2022 Charter amendments go into effect The recommendation is for the City Council to approve the enclosed resolution. 6.3 CR225-327-751216.v2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2021- _______ A RESOLUTION AUTHORIZING NOTICE OF A PUBLIC HEARING ON PROPOSED CITY CHARTER AMENDMENTS WHEREAS, the Crystal Charter Commission (“Commission”) and the Crystal City Council (“Council”) have been working cooperatively on a comprehensive review and update of the City Charter; and WHEREAS, the Commission and Council have each held several meetings at which they reviewed and commented on proposed amendments to the City Charter; and WHEREAS, the Commission is scheduled to act at its October 7, 2021 meeting to formally forward the proposed amendments to the Council for consideration and adoption by ordinance; and WHEREAS, the Council is authorized to amend the City Charter by ordinance upon recommendation of the Commission, but the City must provide notice and hold a public hearing as part of the usual two reading process for the adoption of ordinances; and WHEREAS, the Council desires to authorize staff to publish notice of the hearing in accordance with Minnesota Statutes, section 410.12, subdivision 7 to avoid unnecessary delays in considering the proposed amendments to the City Charter. NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council as follows: 1. If the Commission acts at its October 7, 2021 meeting to forward the proposed amendments to the City, City staff is authorized and directed to provide notice of a public hearing to be held on November 2, 2021 together with the second reading of the ordinance adopting the proposed City Charter amendments. 2. The Council hereby approves the attached summary for publication of the proposed amendments and directs that the full set of amendments be posted on the City’s website. Adopted by the Crystal City Council this 5th day of October 2021. ____________________________ Jim Adams, Mayor ATTEST:____________________________ Chrissy Serres, City Clerk 6.3 CR225-327-751216.v2 CITY OF CRYSTAL SUMMARY OF PROPOSED AMENDMENTS TO THE CRYSTAL CITY CHARTER The Crystal Charter Commission has forwarded to the City Council several proposed amendments to the Crystal City Charter for consideration and adoption by ordinance pursuant to Minnesota Statutes, section 410.12, subdivision 7. The ordinance adopting the proposed City Charter amendments is scheduled for a first reading before the City Council on October 19, 2021 and a public hearing on November 2, 2021 during the City Council meeting, which starts at 7:00 p.m. in the Council Chambers, Crystal City Hall, 4141 Douglas Dr. N., Crystal, MN 55422. At the same meeting the City Council will hold a second reading of the ordinance and consider its adoption. The proposed amendments to the City Charter include various corrective changes, updates to reflect statutory changes, and other amendments including, but not limited to, that the charter is self-authenticating, clarifying the process to fill a vacancy on the council, addressing the role of the mayor in an emergency, expanding notice to councilmembers for emergency meetings, clarifying a majority vote of a quorum is needed on motions and resolutions, adding a section regarding interim ordinances, revising procedures on resolutions, revising ordinance publication requirements, adding a section on electronic signatures, allowing for the establishment of special business districts, revising franchise provisions, allowing electronic notices when authorized by law, and adding a section regarding authorized expenditures and creating a public expenditure policy. A copy of the full set of amendments is available on the city’s website (www.ci.crystal.mn.us) or can be obtained by contacting the City Clerk. 6.3