2021.12.07 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Dec. 3, 2021
City Council Meeting Schedule
Tuesday, Dec. 7, 2021
Time Meeting Location
6 p.m.
City Council work session to discuss:
1. Commission applicant interviews.
2. Snowplowing update.
3. Constituent issues update.
4. New business.
5. Announcements.
Council Chambers/
Zoom
6:35 p.m. Economic Development Authority meeting Council Chambers/
Zoom
7 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
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, Economic Development Authority meeting, City Council meeting,
continuation of City Council work session, if necessary.
Time: Dec. 7, 2021, 6 p.m. Central Time (US and Canada)
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Dec. 3, 2021
City Council Work Session Agenda
Tuesday, Dec. 7, 2021 at 6 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, Dec. 7, 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 Economic Development Authority meeting at 6:35 p.m., the work session
will be continued and resumed immediately following the regular City Council meeting. The public
may also monitor and participate in the meetings by connecting via Zoom, through one of the
methods identified on the City Council Meeting Schedule for Tuesday, Dec. 7, 2021.
I. Attendance
Council members Staff
____ Parsons ____ Norris ____ Revering
____ Adams ____ Therres ____ Sutter
____ Banks ____ Gilchrist ____ Serres
____ Budziszewski ____ Elholm
____ Cummings ____ Larson
____ Kiser ____ McGann
____ LaRoche ____ Ray
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Commission applicant interviews.
2. Snowplowing update.
3. Constituent issues update.
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.
December 7, 2021
Seasonal Info
2020-2021 48.7”
2019-2020 51.5”
2018-2019 77.1”
2017-2018 78.3”
2016-2017 32.0”
2015-2016 36.7”
2014-2015 32.4”
2013-2014 69.8”
2012-2013 67.7”
2011-2012 22.3”
1981-2010 Average is 54”
Presentation Goals
Show you there is a method to the madness
Information on equipment and routes
Teach you a bit about how decisions are made
What information we use
Prepare you to respond to resident complaints
Clarify expectations on outcomes
Snow Removal Fundamentals
This is the most visible thing we do for the City
Snow removal is a department-wide, coordinated effort
Input gathered from all staff
We expect minor tweaks to occur
Plowing routes never goes as planned
Decision Making Process
We do not operate in a vacuum
Consult with our peers
Neighboring Cities
Consult with other agencies
National Weather Service
Links to info are in Council update emails
Hennepin County Emergency Management
Communicate with police and fire
Let them know what our plan is
Let them know who to contact if things come up
Key question
What is it going to take to get the roadway system back
to winter normal?
Will mother nature take care of it?
Plowing needed?
Salt needed?
Future snow events/weather coming?
Give and take
We do not get speed complaints in the winter
If drivers travel at 20mph, they will generally be fine
This is more effective than signs, speed bumps, and is
done to the City uniformly. For free.
We are not 24/7 like MnDOT
Do not have the staffing for it (and should not)
Salt does get down to bare pavement
But the salt is showing up in the surface water, is hard on
concrete, metal items, and vehicles
Salt concerns
One teaspoon of road salt to permanently pollute five
gallons of water.
Chloride corrodes road surfaces and bridges and
damages reinforcing rods, increasing maintenance and
repair costs.
Deicing salt accelerates rusting, causing damage to
vehicle parts such as brake linings, frames, bumpers.
Excess salt can make soil more alkaline and compact,
and less permeable, making it more difficult to store
nutrients that plants need to grow.
Source:
https://www.pca.state.mn.us/water/chloride-salts
Snow Plow Operations
Start times (ideal)
2am main routes (no change)
2-3am pickups and loaders (no change)
4-5am sidewalks (no change)
8 hours to plow City streets and alleys
Operators start where most efficient
2022 Sidewalk pilot project
2022 planned replacement of sidewalk machine
Instead of selling old one at auction, hold on to it
Try putting out 3 sidewalk machines a day or two after
snow events to clear/re-clear sidewalks faster
Or if 1 machine goes down, still have 2 in operation
No additional staffing (hence the delay in deployment)
Based on resident feedback from community survey
Try it for awhile (at least 1 year)
If it does not work, sell the machine at auction
If it does work, Council discussion on adding 3rd sidewalk
machine ($172,500)
Snow Plow Operations
Six main routes
Six cul -de-sac, alley and parking lot routes
Two sidewalk routes
2022 Pilot project will add 3rd machine a day or two after
Operation takes 14 people, plus one supervisor
15/26 (58%) of all PW staff
Does not include ice rinks or sidewalks at City buildings
Remaining staff:
Supervisors
Admin, GIS, Project Manager
5 maintenance workers –utility checks, locates, ice rinks, City
sidewalks, backup operators
Three Truck De-icing Route
Used for smaller snow events
Minimize compaction
Focus on higher volume roads, hills
Intent is to get it done in 2 -3 hours with 3 trucks
Two trucks go south
One stays north
Resources
YouTube videos on snow operations
City website
Go to “public works”, then “snow plowing”
Frequently Asked Questions
City Code
Section 815 (sidewalks) and Chapter 13 (on street
parking)
Snow plowing and ice control policy
Approved Summer 2018
Plow -alongs (public can do this)
Questions / Comments
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
For questions about Crystal snow plow operations, contact Streets Superintendent Bill Bowman
at bill.bowman@crystalmn.gov, 763‐531‐1164.
SNOW PLOWING FAQs
Q. How do I find out if a snow emergency has been declared?
A. Residents can find out if a snow emergency has been declared through the city’s social media
accounts, news outlets and the city website.
Q. My hill is icy. Can you send someone out to put salt/sand down?
A. Salt request locations will be checked as part of the normal checks of major roads and hills.
Q. Why doesn’t the street get plowed to the curb?
A. When doing a full plow, city streets get plowed edge to edge. That said, as winter progresses
and multiple snowfalls occur, the snowbanks on the side of the roads will get bigger making it
more difficult to push the snow back and potentially acting like a berm to keep the snow from
being pushed off the street completely. The city made a video to show this:
youtu.be/NtNgotCJQLY . Over time, this makes the roads narrower. If time allows, the city may
go out and wing (push back) snow banks to allow more room for snow storage. Check out the
video about winging: youtu.be/ejl9sf1yGPk.
Q. Why does it take so long for the streets to be plowed?
A. During an average snow event, it usually takes city crews around eight hours to complete a full plow
of all city streets, alleys and parking lots. It may take longer for larger or back‐to‐back snow events.
Q. Why does the majority of the snow get plowed to my side of the street?
A. On the first plow, the left edge of the plow is generally along the high point (crown) of the
road. This approach is important as the bottom of the plow blades are a straight edge, the plow
cannot plow on both sides of the crown of the street. The vast majority of city streets have the
crown in the center of the road. In situations where the crown is not in the center, one side will
likely get more snow than the other. Other than the crown of the road, streets are plowed
simply by pushing the snow from the center of the road over to the right side of the road. Plow
operators have little control on where to put the snow. It just slides along the plow. This type of
operation is the most efficient.
Q. Why is my alley plowed before the street?
A. Usually the city will start plowing the alleys 1‐2 hours after the main plows start.
Occasionally, a main road will get plowed a second time after the alley has been plowed. In
situations such as this, the city will try and go back to clear the end of the alley again. Contact
Public Works at publicworks@crystalmn.gov or 763‐531‐1164 if the end of an alley needs to be
checked.
Q. Why does my alley have so much ice buildup?
A. Unlike roads, which have more space in each lane for vehicles to use, alleys only have one
lane for all traffic that generally drives in the same tire tracks. This same tire path route causes
considerable compaction of any accumulated snow. Due to the essential need of alleys to have
storm water drainage, they are also “V” shaped with the middle of the alley generally being the
lowest point. Similar to the peak (crown) of roads, plow blades are straight edges and can have
a hard time scraping all of the width of the alley. The city is looking into some different
equipment to try and improve the ability to remove compacted snow from alleys.
Q. Can the city lower the plows to scrape the snow off the roads better?
A. The plows are already scraping the snow off of the road. There is no way to lower them anymore
than they already are.
Q. Why are the main roads always better than the side roads?
A. Roads such as Douglas, 42nd Ave., West Broadway, Winnetka, Bass Lake Road and Medicine
Lake Road are county highways and maintained by Hennepin County. Due to the significantly
higher volume and speeds on County Highways (as compared to city streets), the county is
more aggressive in salt usage to get the roads back to bare pavement conditions. This
aggressive usage of salt and other de‐icing chemicals is not financially feasible for the city,
would have a negative impact on city infrastructure (salt is corrosive) and would pollute storm
water in our local waterways.
Q. The snow is piled so high it is creating a visibility issue. Can the city come out and remove
some of the snow mounds?
A. After large or multiple snow events, where the snow banks are quite high on streets
throughout the City, equipment is sent out to push back snow piles when needed.
Q. Is the city still plowing? If so, where are they? They have not come down my street yet.
A. When the city gets 1.5 inches of snow or more, it does a full plow of all city streets and
alleys. If there is less than 1.5 inches in accumulation, the city may send out trucks to salt main
roads and hills.
Q. The snowplow hit my garbage/recycling cart, and it’s now in the street.
A. When plowing, snow is pushed from the center of the road to the side of the road. It is
unlikely that a plow pushed it into the road. The city appreciates residents keeping their
garbage carts out of the roadways and a few feet behind the curb.
Q. The snowplow hit my garbage/recycling cart.
A. Trash and recycling carts need to be placed off the street and behind the curb on collection
day. The city is not responsible for damaged garbage/recycling carts. Call your hauler for a
replacement cart if needed.
Q. Can you tell me when the plow will come by my house? I need to leave for work by 7 a.m.
A. After a snowfall of 1.5 inches, all city streets are plowed curb to curb. Crews work
systematically to clear all the streets; however, routes may change due to a variety of factors
such as parked vehicles or traffic. When the weather cooperates, crews start very early in the
morning to clear main roads before the morning rush hour.
Q. If you don’t know when the plows will come by, can residents just plow the street?
A. Residents cannot plow city streets.
Q. Can plows drive slower?
A. Snowplow trucks generally operate below 20 miles per hour while plowing residential
streets. Due to the size of the truck and the noise of the engine, the trucks can appear to be
traveling faster than they are.
Q. Can you lift or turn your plow at my driveway?
A. Operators will not lift or turn their plow at the ends of driveways. Doing so would leave a
large pile of snow in the road, and turning the plow for every driveway is not feasible.
Q. Why has my street not been plowed all winter?
A. During snow events, the focus is on main roads and hills. After a snowfall of 1.5 inches, all
city streets will be plowed curb to curb. It is unlikely a road would be intentionally missed. If
you think your street has been missed, please contact the Streets Superintendent. With warmer
temperatures and melting snow pack, it may turn slushy. Some residents may see the slush and
think the road has not been plowed.
Q. Can you time plowing to give me time to remove the plow mound from my driveway early
in the morning? When I come home from work I cannot get in my driveway.
A. A full snow plowing cleanup operation typically starts as soon as the snowfall has ended.
When weather cooperates, crews will try and start early in the morning to complete most
streets by 8 am.
Q. Would the snowplow please leave less or no snow at the end of my driveway?
A. The street is plowed by pushing the snow from the street to the side. The operator has very
little control over how much snow is deposited at the end of driveways.
Q. Can you plow the snow away from (out of) the cul‐de‐sac, instead of around the cul‐de‐
sac, leaving all of the snow in my yard?
A. To effectively plow the cul‐de‐sac, snow is pushed to the nearest curb. Cul‐de‐sacs have
limited space for snow storage and it is a challenge to avoid driveways, mailboxes and fire
hydrants.
Q. The snowplow damaged my mailbox. Who will fix it?
A. The city will conduct a review of each mailbox incident to determine whether a snowplow
came into direct contact with it or its support structure. The city will only repair mailboxes
actually hit by a snowplow and install it to United States Postal Service Residential Mailbox
Standards. The city is not responsible for damage to mailboxes or support posts caused by snow
or ice contacting the mailbox.
A. Based on the city’s review, the city will repair the mailbox to an operational state. If the
mailbox cannot be adequately repaired, the city will replace it with a standard size, non‐
decorative metal mailbox. The city may also replace the support post as necessary with a 4” x
4” decay‐resistant wood support post, if necessary. Dents, scratches, or other superficial
damage that does not prohibit normal use of the mailbox will be considered normal wear and
tear and will not be repaired or replaced by the city.
Q. The snowplow damaged my yard. Who will fix it?
A. The property will be added to a list of repairs. Crews will restore damaged turf in the spring
with dirt and seed. Property owners are responsible for watering, if needed.
Q. Do the plows damage the streets when plowing?
A. The plows simply push the snow from the center of the street to the side and do not
generally damage the road. Plows may cause some minor sod damage which the city will repair
in the spring. Sometimes, if manhole covers and other metal infrastructure in the street stick up
above the asphalt pavement, they can be impacted. This is very rare. If you have a mailbox next
to the roadway, to be sure it is within the United States Postal Service standards. Information
on USPS mailbox standards can be found here. usps.com/manage/mailboxes.htm
Q. How many plows does the city have?
A. The city has six plow trucks, two sidewalk plows and six pieces of various equipment for
plowing cul‐de‐sacs, dead ends, parking lots and trails.
Q. The street is getting narrow, can a plow come widen the road?
A. When plowing, the snow is simply being pushed to the side of the road. Over the course of
the winter, the streets will get narrower as the banks get higher. If necessary, city crews may
deploy equipment to push back snow banks.
Q. Can I push snow from my driveway into or across the street?
A. State Statute 169.42 prohibits snow from being pushed into or across the street.
Q. Can I park on the street after it has been plowed?
A. When a snow emergency is declared, no on‐street parking is allowed until the streets have
been plowed curb to curb. There is no on street parking city‐wide, 2 a.m. to 5 a.m. year round.
Q. Does the city ticket/tow for vehicles parked in the road during a snow event?
A. During or after a snow event, where the snow accumulation has exceeded 1.5 inches on the
street and snow parking restrictions are put into effect, the city may ticket and/or tow.
Q. Can the city scrape and salt when it thaws?
A. City plows may go out and scrape roads during warmer weather (around freezing) to reduce
the snow pack. The city does not have a bare pavement policy and snow pack will occur on
most city streets.
Q. Why is my cul‐de‐sac always plowed last?
A. Cul‐de‐sacs see much less traffic than other city roads and are on a separate “cul‐de‐sac
route.” Ideally a cul‐de‐sac will be plowed after the street is plowed so that a ridgeline of snow
is not left where the cul‐de‐sac and street meet, similar to alleys.
Q. My cul‐de‐sac is icy. Can you send someone to put salt/sand down?
A. Major roadways and hills are top priority for addressing ice conditions. The city has a limited
salt supply and budget available. Cul‐de‐sacs have very low traffic volumes and low speeds, and
are therefore a lower priority.
Q. I am remodeling my home and have a dumpster in my driveway, I am asking the
contractors to park on the street. Can you make sure they don’t get tickets?
A. During a snowfall of 1.5 inches or more, no on‐street parking is allowed until the street has
been plowed curb‐to‐curb. This includes contractors. The parking restriction is in effect to allow
plow operators to clear the entire street curb to curb of snow so the street can be returned to
normal winter conditions as quickly as possible. Vehicles parked on the street not only hinder
this process, they also reduce the efficiency of the plow trucks.
Q. What roads do Hennepin County and MnDOT plow?
A. MnDOT owns and maintains Hwy. 100. Hennepin County owns and maintains county
highways in Crystal: Douglas Dr., West Broadway, Bass Lake Rd., Medicine Lake Rd., Winnetka
Ave., and 42nd Ave.
Q. How is Crystal’s snow plow operation different than MnDOT’s?
A. Hwy. 100 serves nearly 100,000 vehicles per day that typically travel at highway speeds. The
expectations for the road conditions are at a higher level (bare pavement or getting back to
these conditions as quickly as feasible). MnDOT has the staff and equipment to run a 24‐hour
continuous operation, if needed, to get road conditions back to acceptable levels. In the City of
Crystal, the busiest city street is 36th Ave. between Douglas Dr. and Hwy. 100 serving nearly
20,000 vehicles per day. After 36th Ave., the next highest volume streets are less than 4,000
vehicles per day. Over 60% of all the city’s public works staff (across all public works divisions)
have an assignment during a full plow. The city simply does not have the staff to run a
continuous full plow operation. For more information on MnDOT’s plowing operations, please
visit: http://www.dot.state.mn.us/maintenance/faq.html
Q. What are public work’s goals for winter roadway conditions?
A. The city’s goal for the main streets is bare pavement in the wheel tracks. The exception is
36th Ave., where the goal is for bare pavement in each travel lane. For city streets with hills
(not main streets), the goal is a bare pavement strip down the middle of the road. As noted
previously, after 36th Ave., the next busiest streets have less than 4,000 vehicles per day. But
the vast majority of Crystal streets have under 1,000 vehicles per day. This translates to around
one vehicle per minute, even during busier times.
By providing a mostly bare pavement center strip on streets with hills (that are not main roads),
drivers are able to get some of their wheels on bare pavement the vast majority of the time. On
the flatter residential streets, there is not a bare pavement goal. Drivers are encouraged to
drive slower and use care. That said, when the weather gets closer to 30 degrees, city crews go
out and scrape the streets mechanically to remove the snow pack. This is more cost effective
and environmentally friendly than trying to do the same with salt. While the goal is for various
levels of bare pavement, weather conditions can significantly impact how quickly the goal can
be met. Salt is not effective below 15F degrees and extended snow events or ones with
significant accumulation will take longer to recover from.
SIDEWALKS
Q. Can you put salt/sand on the sidewalks?
A. The city does not salt/sand sidewalks. With the available resources it is just not feasible.
Q. What city resources are used for sidewalk snow removal?
A. The Crystal Public Works Maintenance Team has 22 employees. Fourteen staff members are
assigned plow routes. Two of those routes are for sidewalks, because the city has two sidewalk
machines. Regional trails (and wider trails, in general) are plowed with pickup trucks on
different routes.
Q. Do different sidewalks have different priorities?
A. Yes, there is a priority sidewalk ranking. Those along county highways, such as 42nd Ave.,
Douglas Ave., Bass Lake Rd. and W. Broadway, are higher priority for pedestrian safety.
Q. When do snow removal operations start?
A. Under normal full‐plow conditions, sidewalk routes begin between 4 and 5 a.m.; the city
street plows start at 2 a.m. Sidewalks are delayed because they are adjacent to the street and
plows push snow from the road onto the sidewalk. Furthermore, the county tends to plow the
street multiple times, or do clean‐up passes along the gutter line, and they throw snow back
onto the sidewalk, too.
Q. Why are the sidewalks not cleared down to the concrete?
A. The sidewalk machines are intended for bulk snow removal. They travel between 1 – 5 mph,
depending on conditions. Due to uneven sidewalk concrete, metal structures and other
obstacles, the cutting edge (bottom) of the plow or blower cannot scrape the sidewalk down to
the bare concrete. Hand shoveling sidewalks almost always results in a cleaner surface but is
not feasible for the miles the City needs to clear. Even personal snow blowers generally leave
behind a thin layer of snow.
Q. Why does the sidewalk plow throw snow all over the steps to my house after I have
already cleaned them?
A. During the snow removal process, it is difficult to see all features along a route due to the
blowing snow. Sometimes the regular route driver is unavailable and another staff member
covers the route who is less familiar with it. Operators try to minimize the amount of snow
placed on already cleared driveways, walkways and stairs, but some snow will miss the target
due to the nature of the operation. If there is a specific concern or question, please contact the
streets superintendent.
Q. Why did the city decide to plow ALL city sidewalks?
A. Prior to the decision, the city removed snow from 30 miles of sidewalk, leaving about three
miles unplowed. City Code required all property owners to remove snow from the sidewalk in
front of their home within 12 hours of a snowfall ending. This requirement was rarely enforced,
and the city could not meet its own 12‐hour limit. Furthermore, snow removal is funded
through property taxes, and some property owners in the three‐mile, unplowed areas thought
it was unfair. Another reason is that sidewalks are a public transportation system and a public
good, and therefore it was reasoned, should be cleared.
Q. What public notification was done regarding the change in the sidewalk snow removal
policy?
A. The proposed changes were discussed at a council work session and council meeting. At the
time, a number of media sources including Sun Post newspaper, CCX Media, StarTribune, City
Pages and KSTP shared stories on the change.
StarTribune article: http://strib.mn/3b0oF3P
SunPost article: http://bit.ly/3o1xRbM
Q. Could sidewalks be cleared any faster after it snows?
A. From the time when the snow stops to when the sidewalk is cleared could only be reduced
with more resources. It would require another staff member and sidewalk machine (about
$160,000). Since snow removal operations are funded by property taxes, there would be an
impact on property taxes.
OTHER
Q. Does the city clear snow away from fire hydrants?
A. The city does not have the resources to clear snow away from all city fire hydrants. It is
strongly encouraged that the home owner take responsibility for clearing the snow away from a
fire hydrant in their yard. The West Metro Fire Department has an Adopt a Hydrant program.
For more information, please visit: http://www.wmfrd.org/public‐education/adopt‐a‐hydrant.
Q. There is too much snow at the end of my driveway. Will the city plow it?
A. The city is not responsible for plowing privately‐owned parking lots and driveways, and does
not have the resources to do it.
Q. Why is salt bad for the environment?
A. When salt is applied to streets the salt cannot be re‐captured. According to the Minnesota
Pollution Control Agency, one teaspoon of salt contaminates five gallons of water
(https://www.pca.state.mn.us/water/salt‐and‐water‐quality). The salt can also be hard on the
plants and grass along the roadways. The previous link provides the best and most accurate
information regarding the concerns about salt impact on water quality. Some other resources
include this MPR story: https://www.mprnews.org/story/2017/12/06/road‐salt‐water‐pollution
and another MPCA article: https://www.pca.state.mn.us/water/salty‐water‐growing‐problem‐
minnesota
Q. Does salt have a negative impact on infrastructure like it does on vehicles?
A. Salt is corrosive to infrastructure and vehicles. The Minnesota Pollution Control Agency has a
website with some information on the impacts of chlorides (salt) on infrastructure:
http://tinyurl.com/y8zysjb2. Here is an article from Michigan as well:
http://tinyurl.com/yagpkf8p.
Q. What source does the city use for weather forecast information?
A. Crystal Public Works uses the information provided by the National Weather Service for all
winter operation decision making. This information is free and available to the public at
www.weather.gov/mpx.
Q. What is the most important thing drivers should be aware of when plows are out?
A. The drivers need room to work. This includes backing up. Stay back and do not crowd the
plow.
Q. What is one thing the public may not know about winter operations?
A. During the summer, the city receives various speeding and cut‐through traffic complaints
from residents. The goal of winter operations is to provide improved road conditions on main
roads. A side benefit is that drivers should drive slower on residential streets and stay on main
roads as close to their destination as possible rather than drive through a neighborhood. Snow
removal operations are a balancing act between making the roads operational, environmental
impacts, infrastructure impacts and cost considerations. We do expect drivers to drive slower
on residential streets in the winter, but they should be able to get to and from their home,
which is why the main roads and hills have varying levels of bare pavement goals.
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
REGULAR MEETING
TUESDAY, DECEMBER 7, 2021
6:35 P.M.
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1.Call to order *
2.Roll call *
3.Approval of minutes from September 9, 2021 Regular Meeting
4.Consider a resolution adopting a 2022 EDA budget and HRA tax levy
5.Consider approval of a contract with Center for Energy and Environment for
administration of home improvement programs from July 1, 2022 -June 30, 2023
6.Other business *
7.Adjournment *
*Items for which no materials are included in the packet
THIS PAGE INTENTIONALLY BLANK
Page 1 of 3
Minutes of the
Economic Development Authority of the City of Crystal
Regular Meeting
Council Chambers
September 9, 2021
1. Call to Order
President Parsons called the meeting of the Economic Development Authority of the City
of Crystal (EDA) to order at 6:15 p.m.
2. Roll Call
Upon call of the roll, the following members were present: Jim Adams, John
Budziszewski, David Cummings, Therese Kiser, Nancy LaRoche and Olga Parsons.
The following staff were present: Executive Director Anne Norris and Deputy Executive
Director John Sutter.
3. Approval of Minutes
Moved by Commissioner Budziszewski and seconded by Commissioner Adams to
approve the minutes from the August 17, 2021 regular meeting. Motion carried.
4. Consider a resolution adopting a proposed 2022 EDA budget and HRA property tax levy.
Staff presented the proposed 2022 EDA budget and property tax levy, and requested
EDA approval of the resolution.
Moved by Commissioner LaRoche and seconded by Commissioner Adams to approve
the resolution adopting a proposed 2022 EDA budget and HRA property tax levy. Motion
carried.
5. Consider authorizing home improvement program changes effective January 1, 2022.
Staff presented various options and requested EDA authorization to amend the contract
with Center for Energy and Environment. The EDA discussed potential impacts of
various options.
Moved by Commissioner Adams and seconded by Commissioner LaRoche to authorize
the following home improvement program changes:
Reduce the maximum grant from $10,000 to $8,000 per property per year and
increase the minimum project size from $2,000 to $3,000, to be effective Jan. 1, 2022.
Page 2 of 3
Reduce the maximum household income from 110% AMI for all households to 90%
AMI for 1-person households and 100% AMI for households of 2 or more people, to
be effective Jan. 1, 2022.
Increase the total program budget through June 30, 2022 from $308,079 to $462,000.
Eliminate the interest subsidy program and redirect funds to the grant program.
Motion carried.
6. Other Business
There was no other business.
7. Adjournment
Moved by Commissioner Budziszewski and seconded by Commissioner Cummings to
adjourn the meeting. Motion carried.
The meeting adjourned at 6:43 p.m.
Page 3 of 3
These minutes of the September 9, 2021 meeting of the Crystal Economic Development
Authority were approved by the Authority on ________________ ____, 20___.
______________________________
Olga Parsons, President
ATTEST:
____________________________
Therese Kiser, Secretary
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Page 1 of 2
______________________________________________________________________
FROM: John Sutter, Community Development Director
______________________________________________________________________
TO: Anne Norris, Executive Director (for December 7 meeting)
DATE: December 1, 2021
SUBJECT: Consider a resolution adopting a 2022 EDA budget and HRA tax levy
As part of the annual budgeting process, the EDA formally requests a Housing and
Redevelopment Authority tax levy which would comprise most of its funding. The 2021
levy was $300,000. Staff is recommending a 2022 levy of $310,000 which is a 3.3%
increase. The HRA levy comprises most of the EDA’s revenue, with the remainder
being interest earned on the fund balance.
Budget Summary: 2019 2020 2021 2022
Actual Actual Adopted Proposed
Revenue 377,011 383,728 310,000 1 318,000 1
of which, levy is 281,635 283,935 300,000 310,000
Expenditures 437,510 2 389,119 371,798 384,850
Cash Balance
at End of Year 2,140,093 3 2,159,000 3 2,097,202 3 2,030,352 3
1 2021 adopted and 2022 proposed revenue does not
include any land sale proceeds, as that varies from year
to year depending on market conditions and the
characteristics of each parcel.
2 2019 expenditures do not include $1,150,000 transfer to
Park Improvement Fund for Becker Park or $295,000 in
prior period adjustments.
3 Cash balances are from the Long Term Plan and may not
track exactly with revenue and expenditures.
EDA STAFF REPORT
Proposed 2022 HRA Levy
Page 2 of 2
Anticipated 2022 EDA activities:
One or more redevelopment projects in the Town Center redevelopment area
Continue and expand beautification efforts including a new façade/storefront
improvement program
Sale of property currently being held by the EDA
Home improvement grants for households not eligible for use of TIF funds
Adoption of the attached resolution is requested.
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2021 - 08
ADOPTING A 2022 BUDGET AND PROPERTY TAX LEVY
AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL
WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes
redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and
WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the
enabling resolution of the EDA, the EDA exercises all of the powers of a housing and
redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to
469.047 (the “Act”); and
WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and
collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is,
property in the City; and
WHEREAS, the permitted levy is 0.0185 percent of the estimated market value of the property
in the City.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of
Crystal as follows:
1. The EDA hereby adopts a 2022 budget for housing and redevelopment in the amount of
$384,850.
2. The EDA hereby adopts a 2022 property tax levy of $310,000 for the purpose of funding
the adopted budget in conformance with Section 469.033, Subdivision 6 of Minnesota
Statutes.
3. The Executive Director is authorized and directed to transmit a certified copy of this
Resolution to the City Council of the City of Crystal for its consent and approval as
provided by Section 469.033 of the Act and for certification to the Property Tax Manager
of Hennepin County.
Adopted this 7th day of December, 2021.
_______________________________
Olga Parsons, President
_______________________________
Anne Norris, Executive Director
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Page 1 of 2
__________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: December 1, 2021
TO: Anne Norris, Executive Director (for December 7 EDA meeting)
SUBJECT: Consider approval of a contract with Center for Energy and the
Environment for administration of home improvement programs from July
1, 2022 - June 30, 2023
The EDA contracts with Center for Energy and Environment (CEE) to administer our home
improvement grant program. The current contract period ends on June 30, 2022.
The next contract period is July 1, 2022 - June 30, 2023. The program budget would be
$292,000 based on the program changes approved by the EDA on Sep. 9, 2021. It is also
consistent with the 2022 EDA budget.
Approximately 90% of the funding will come from the TIF fund and 10% from the EDA/HRA
fund. Staff estimates show sufficient TIF district revenue and fund balance to continue the
program through 2028, after which alternate funding sources or program changes will be
necessary. Please refer to the charts below and on the next page.
Staff requests EDA approval of the attached agreement with Center for Energy and
Environment for administration of home improvement programs for the period July 1, 2022
through June 30, 2023.
EDA STAFF REPORT
Approve Home Improvement Program Contract
for July 1, 2022 - June 30, 2023
Page 2 of 2
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #______ Page 1
HOME IMPROVEMENT PROGRAM ORIGINATION AGREEMENT
This HOME IMPROVEMENT PROGRAM ORIGINATION AGREEMENT (“Agreement”), dated this _____
day of _____________________, 20____, is made by and between the ECONOMIC DEVELOPMENT
AUTHORITY in and for the City of Crystal, with offices at 4141 Douglas Dr N, Crystal, MN 55422
(“Authority”), and CENTER FOR ENERGY AND ENVIRONMENT, with offices at 212 3rd Avenue North,
Suite 560, Minneapolis, Minnesota 55401 (“CEE”).
RECITALS
A. The Authority has a need for certain professional services and desires to retain CEE to
provide said services, all subject to the terms and conditions contained in this
Agreement.
B. CEE is qualified to provide the desired professional services and desires to provide said
services for the Authority, all subject to the terms and conditions contained in this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained in this
Agreement, the parties agree as follows:
1. Services/Scope of Work
1.1 CEE shall in conjunction with the Authority develop and deliver the City of Crystal
Home Improvement Program (hereinafter the “Program”) and more fully described in
Exhibit A attached hereto. All activities delivered under the Program shall be
coordinated with the Authority’s designated Community Development Director, John
Sutter.
1.2 CEE shall assist the Authority staff in marketing the Program. This will include being
on the CEE website and creating an information sheet about the loan program.
1.3 The funding source is exclusively from the Authority.
2. Compensation
2.1 The Authority shall compensate CEE for services provided under this agreement
according to the following schedule and more fully described in Exhibit B attached
hereto:
Annual Administration Fee $2,500
Grant Origination Fee 15%
Post Installation Inspection Fee $100
The Annual Administration Fee shall be payable on July 1st of each year the contract is
active.
The Authority shall compensate CEE only for services completed.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #______ Page 2
2.2 Upon request, CEE will provide additional marketing services. Hourly rates are
inclusive of all overhead expenses and will be charged only for hours directly related to
marketing. CEE will be reimbursed by the Authority for any non-labor, out-of-pocket
expenses, relating to these services on a dollar-for-dollar basis with no mark-up.
2.3 CEE shall invoice the Authority not more than two times each month. The Authority
shall pay CEE within 20 days of receipt of the invoice.
3. CLIENT’s Obligations
3.1 If requested by CEE, the Authority shall make reasonable efforts to respond
promptly to requests from CEE for information and approvals regarding the
services to be provided under this Agreement.
3.2 If requested by CEE, the Authority shall make reasonable efforts to obtain
information and or permission for access from clients which may be necessary
for CEE to provide the services under this Agreement.
3.3 The Authority shall provide sufficient funding to fund eligible Authority funded
loans. The Authority shall determine the amount of funds allocated to the
Program.
3.4 The Authority shall establish eligibility for the Program and shall provide these
criteria in writing to CEE prior to commencement of any marketing efforts.
3.5 The Authority shall make reasonable efforts to respond promptly to requests from
CEE for information and approvals regarding the services to be provided under
this Agreement.
4. CEE’s Obligations
4.1 CEE shall use its best efforts to provide services under this Agreement in a
professional manner consistent with the care and skill used by reputable
members of CEE’s profession.
4.2 CEE, and all of its employees or agents, shall comply with all statutes,
ordinances, rules, regulations and other laws applicable to the provision of
services under this Agreement.
4.3 CEE shall secure all permits and licenses required for performance of the
services under this Agreement.
4.4 CEE shall not engage in discriminatory employment practices against any
employee or applicant for employment and shall in all respects comply with all
federal, state and local laws, regulations and orders, including without limitation,
Chapter 363 of the Minnesota Statutes, as amended from time to time. Failure
to comply with the provisions hereof shall be deemed a material default under
this Agreement.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #______ Page 3
5. Term and Termination
5.1 Unless earlier terminated as provided in the following paragraphs, this
Agreement shall become effective on 7/1/2022 and continue through
6/30/2023.
5.2 This Agreement may be terminated by either party, for any reason or no reason,
immediately upon written notice to the other party. In the event this Agreement
is terminated by CEE prior to the expiration of the term set forth in paragraph
5.1, the Authority shall compensate CEE for all services delivered up the date of
termination and CEE shall provide the Authority with such information as the
Authority may request regarding the status of the Program.
5.3 Any termination of this Agreement shall not release either party from their
respective obligations under sections 7 and 8 of this Agreement.
6. Insurance
6.1 During the term of this Agreement, CEE will obtain and maintain insurance in the
amounts listed below:
General Liability $2,000,000 Aggregate Limit
Automobile Liability $1,000,000 Combined Single Limit
Excess Liability $1,000,000 Aggregate Limit
Workers Compensation Statutory Limit
7. Liability and Indemnification
7.1 CEE represents that the services to be provided under this Agreement are
reasonable in scope and that CEE has the experience and ability to provide the
services.
7.2 CEE warrants that any services provided hereunder shall be done in a
professional and workmanlike manner.
7.3 CEE shall indemnify, defend and hold harmless Authority and its officers,
directors, employees and agents from and against any and all claims,
damages, losses, injuries and expenses (including attorneys’ fees and damages
for death, personal injury and property damage) which Authority may incur as a
result of any act or omission by CEE in providing services under this Agreement.
7.4 Authority shall indemnify, defend and hold harmless CEE and its officers,
directors, employees and agents from and against any and all claims,
damages, losses, injuries and expenses (including attorneys’ fees and damages
for death, personal injury and property damage) which CEE may incur as a
result of any act or omission by Authority in discharging its duties under this
Agreement.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #______ Page 4
8. Confidentiality
Unless otherwise agreed by Authority in writing, CEE shall maintain in confidence and
not disclose to any third party any information obtained regarding the Authority
and/or any of Authority’s clients for which CEE is providing services; provided,
however, that this obligation to maintain confidentiality shall not apply to:
a) Information in the public domain at the time of disclosure;
b) Information which becomes part of the public domain after disclosure
through no fault of CEE; or
c) Information which CEE can demonstrate was known by it prior to the date
of this Agreement.
Notwithstanding the foregoing, CEE shall be entitled to disclose the documents or client
information covered by this paragraph to governmental authorities to the extent CEE
reasonably believes it has a legal obligation to make such disclosures and to the extent
CEE reasonably deems to be necessary; provided, however, that if CEE believes that any
such disclosure is required by law, it shall provide advance notice to the Authority to
provide the Authority with a reasonable opportunity to attempt to obtain an injunction or
other protective order preventing such disclosure.
9. Relationship of Parties
CEE will provide services as an independent contractor under this Agreement.
Neither CEE, nor any of its employees or agents, shall be considered employees of the
Authority for any purpose, and neither shall CEE be eligible for any compensation or
benefits which the Authority may provide to its employees from time to time. CEE shall
be solely responsible for all employment and other taxes applicable to providing
services hereunder, and the Authority will not withhold any taxes or contributions from
the compensation payable to CEE under this Agreement.
10. Notices
All notices, requests, demands and other communications required to be given in
writing under this Agreement shall be given to the other party in person or by mail as
provided in this section. If delivered personally, notice shall be deemed to have been
duly given on the date of delivery. If delivered by mail, such notice shall be sent via
first class U.S. mail, postage prepaid, to the address set forth at the beginning of this
Agreement or such other address as a party may otherwise request by written notice,
and notice shall be deemed duly given three (3) business days after mailing.
11. Assignment
This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, successors and assigns; provided, however, that neither party shall
assign or transfer in any manner, this Agreement or any portion hereof without the
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #______ Page 5
prior written consent of the other party, and any attempt to assign or transfer without
prior written consent shall be void and of no effect.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota.
13. Miscellaneous
13.1 Headings and captions used in this Agreement are for convenience only and
shall not affect the meaning of this Agreement.
13.2 This Agreement contains the entire agreement of the parties and supersedes all
prior agreements, discussions and representations, written or oral, concerning
the subject matter hereof.
13.3 No waiver by the Authority of any term or condition of this Agreement or any
document referred to herein shall, whether by conduct or otherwise, be
construed as a waiver or release of any other term or condition of this
Agreement.
13.4 This Agreement may only be amended in a written agreement signed by both
parties.
13.5 Except as expressly set forth in section 7, the rights and benefits under this
Agreement shall inure solely to the benefit of the Authority and CEE, and this
Agreement shall not be construed to give any rights, benefits or causes of
action to any third party.
13.6 The invalidity or partial invalidity of any provision of this Agreement shall not
invalidate the remaining provisions, and the remainder shall be construed as of
the invalidated portion shall have never been a part of this Agreement.
13.7 CEE shall comply with the provisions of Minnesota Statutes Chapter 13
(Government Data Practices) that are applicable to the Authority and shall not
disseminate any information concerning loan requests of the borrowers without
the prior written approval of the Authority.
13.8 This Agreement may be signed in any number of counterparts, each of which
shall be deemed an original and one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND
ENVIRONMENT CEE #______ Page 6
ECONOMIC DEVELOPMENT AUTHORITY
In and for the City of Crystal
By: ________________________________________ Its: Executive Director
Anne Norris
Date: ________________________________________
CENTER FOR ENERGY & ENVIRONMENT
By: Its: Chief Financial Officer
Meranda Wacek
Date: Tax ID # 41-1647799
Exhibit A1 - #____ Page 1
EXHIBIT A1
Crystal Program Guidelines
This document includes guidelines for the
Home Improvement Program of the
Economic Development Authority of the City of Crystal
Exhibit A1 - #____ Page 2
Crystal Grant Program
CRYSTAL PROGRAM GUIDELINES
The Crystal Economic Development Authority (Authority) is making funds available for homeowners to
assist with home additions, remodeling, maintenance and energy improvements. The Crystal Home
Improvement Program is designed to supplement existing loan programs available from MHFA, CEE,
private lenders and other housing resources. These programs are not intended to be the sole source of
improvement funds available to the homeowners in the City. Center for Energy and Environment shall
serve as the administrator for the Crystal Grant Program and will secure the most beneficial financing
based on the borrower’s needs independent of the funding source.
Eligible Project Expenses:
Interior remodeling
Building additions
Finishing basements, attics or similar spaces to convert them into habitable space
Energy efficiency improvements
Exterior building improvements such as roofing, siding, soffits/fascia, windows and doors
Site improvements such as retaining walls, sidewalks, driveways, fences, patios, decks, garages and
the removal of diseased or hazardous trees
Systems such as HVAC, electrical and plumbing
Permanent Landscaping
Ineligible Project Expenses:
Payment for work initiated prior to the grant being approved and closed, unless due to emergency.
Recreation or luxury projects (pools, lawn sprinkler systems, playground equipment,
saunas, whirlpools, etc.)
Furniture, non‐permanent appliances (unless part of a kitchen remodel), funds for working capital,
debt service or refinancing existing debts.
Homeowner labor or other in‐kind contributions to the project.
Minimum Project Size:
Eligible Project Expenses must total at least $3,000 to qualify for a grant.
Grant Amount:
20% of Eligible Project Expenses, except as noted below:
Exception: For projects replacing or lining a sanitary sewer service and/or disconnecting stormwater
drainage (sump connections, foundation drains, etc.) from the sanitary sewer, the grant amount is
40% of those particular, itemized project costs. This is intended to augment the city's efforts to
reduce inflow & infiltration into the sanitary sewer system. In many cases this work will be triggered
by, and completed in conjunction with, the city's utility reconstruction projects (typically 1‐4 blocks
per year). However, any income‐qualified, owner‐occupied residential property in the city is eligible.
No property may receive grants totaling more than $8,000 in any calendar year.
Exhibit A1 - #____ Page 3
Eligible Properties: 1‐4 unit owner‐occupied properties located within the geographical boundaries of
the City of Crystal. Properties held in a Trust, Townhomes and Condominiums are eligible, subject to
Association Bylaws. Properties may be held in a Contract for Deed. If the property has more than 1
unit, the non‐owner‐occupied units must be in compliance with the City of Crystal’s rental licensing
requirements.
Ineligible Properties: Dwellings with more than 4 units, cooperatives, manufactured homes, time
shares, properties used for commercial purposes and non‐owner occupied properties.
Eligible Recipients: All recipients must be legal residents of the United States, as evidenced by a social
security number, Including: U.S. Citizens, Permanent Resident Aliens, and Non‐Permanent Resident
Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE.
Ineligible Recipients: Including but not limited to: ‐ Businesses, Foreign Nationals, Non‐Occupant Co‐
Borrowers, and Properties held in the name of a trust.
Income Limit:
The property owner’s household income, including all persons living with the property owner
regardless of familial or relationship status, shall not exceed the following maximum household income
thresholds using HUD Regional Median Income based on household size:
90% of regional median income for 1‐person households
100% of regional median income for households of 2 or more persons
Income will be determined by the adjusted gross income on the most recent Federal Tax Return. If a
tax return is not required, income will be determined by the projected gross income for the upcoming
12 months.
Credit Requirements: 1) All mortgage payments must be current, 2) All real estate taxes must be
current, and 3) No defaulted government loans, tax liens or child support.
Bids: Two estimates are required. Only 1 materials list is required for sweat equity projects. All
contractors must be properly licensed
Sweat Equity / Homeowner Labor: Work may be performed by property owners on a “sweat equity”
basis, but only the purchase of materials and rental of tools or equipment will be considered an Eligible
Project Expense.
Recipient Paid Fees: None
Deadline for Work Completion: All work must be completed within 120 days of the grant closing.
Extensions may be granted by CEE due to weather or similar factors.
Exhibit A1 - #____ Page 4
General Program Conditions
Application Processing: Grants will be distributed on a first come first serve basis as recipients qualify.
Applicants must provide a completed application package including the following in order to be
considered for funding.
Completed and signed application form
Proof of income
Proof of Identity (drivers license, passport, etc.)
Bids or estimates for proposed projects
Other miscellaneous documents that may be required.
Program Costs: Grant origination fees, grants and post‐installation inspection fees will be paid out of the
Program Budget. Program marketing efforts will be billed directly to the City of Crystal and is a separate
expense should the city choose to commission CEE for marketing support.
Total Project Cost: It is the recipient’s responsibility to obtain the amount of funds necessary to finance
the entire cost of the work. In the event the final cost exceeds the original amount, the recipient must
obtain the additional funds and provide verification of the additional funds in order to proceed.
Disbursement Process:
Grant: Payment to the contractor (or owner in sweat equity situations) will be made upon completion
of work. An inspection will be performed by a City Inspector and/or CEE to verify the completion of the
work. The following items must be received prior to final disbursement of funds:
Final invoice or proposal from contractor (or materials list from supplier);
Final inspection verification by a City Inspector (or CEE);
Completion certificate(s) signed by borrower and contractor;
Lien waiver for entire cost of work;
Evidence of city permit (if required)
EXHIBIT B1
Crystal Program Budget
July 1, 2022 ‐ June 30, 2023
Crystal Grant Budget Allocation (includes Grants plus Annual Administration Fee, Post‐
Installation Inspection Fees and Grant Origination Fees): $292,000
TOTAL PROGRAM BUDGET: $292,000
Budget Notes:
1. CEE shall submit monthly invoices for grants, origination fees and post‐ installation
inspections for that period.
2. Services performed by CEE will initially be funded from the Total Program Budget as
stated above and paid in accordance with the following schedule.
(1) Annual Administration Fee $2,500 (due July 1st of each year the contract is
active)
(2) Origination Fee: Grant 15% per grant closed
(3) Post‐Installation Inspection Fee $100
3. Marketing
Marketing efforts outside of CEE’s website and grant information are not included in
the administrative budget. Hourly rates are inclusive of all overhead expenses and will
be charged only for hours directly related to the labor of all additional program
marketing. CEE will also be reimbursed by City of Crystal for any non‐labor,
out‐of‐pocket expenses relating to these services on a dollar‐for‐dollar basis.
Exhibit B1 ‐ #______
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Page 1 of 3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Dec. 3, 2021
City Council Meeting Agenda
Tuesday, Dec. 7, 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 Nov. 16, 2021.
b. The City Council meeting on Nov. 16, 2021.
c. The City Council work session on Nov. 18, 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 a donation.
3.4 Acceptance of the resignation of Craig Gottschalk from the Blue Line Extension Citizen
Advisory Committee.
3.5 Approval of a resolution designating 2022 polling places.
3.6 Approval of the summary of the Dec. 2, 2021 closed City Council work session.
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 the 2022 budget, 2022 property tax levy and 2022 Economic
Development Authority property tax levy.
The City Council has had several work sessions on the 2022 budget and there are no
changes from the preliminary budget and levies the City Council approved in September.
Finance Director Jean McGann will provide a brief overview of the budget and how
market values impact property taxes. After the Council takes public comment,
recommend adoption of the resolution approving the 2022 budget, 2022 property tax
levy and 2022 Economic Development Authority property tax levy.
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 awarding the contract for the police building audio-
visual equipment.
Three bids were received on Nov. 23 for the audio-visual needs for the new police
department project. The budget for this portion of the project is $250,000 and the
lowest responsible bid came in at $239,800. Recommend approval of the resolution
awarding the contract for the new police department audio-visual needs to Video
Services, Inc.
6.3 The Council will consider the following resolutions related to the Gaulke Pond storm water
project.
a. Awarding the contract for construction of the Gaulke Pond storm water project.
b. Authorizing the contract for the fiber optic installation to the Gaulke Pond storm water
lift station.
Bids for the Gaulke Pond storm water project were opened on Dec. 1 and five bids were
received. Recommend approval of both the resolution awarding the contract for
construction of the Gaulke Pond storm water project to Peterson Companies and the
resolution authorizing the contract for installing fiber optic to the Gaulke Pond storm
water lift station.
6.4 The Council will consider a resolution authorizing the cooperative and subgrant agreement
for the soluble reactive phosphorus channel extension project with the Shingle Creek
Watershed Management Commission.
Some years ago, a weir was installed by Crystal on behalf of the Shingle Creek Watershed
at MAC Park to minimize the amount of phosphorous going into Twin Lake. Work is
needed on this project and a cooperative and subgrant agreement with the watershed is
needed. Recommend approval of the resolution authorizing execution of the
cooperative and subgrant agreement.
Page 3 of 3
6.5 The Council will consider a resolution awarding the contract for lawn mowing services.
Recommend approval of the resolution awarding the contract for lawn mowing services
to the current contractor, Whipper Snapper Lawn Service.
6.6 The Council will consider a resolution authorizing the purchase of a replacement sidewalk
snow removal machine.
The Fleet Fund includes funds for replacement of one of the sidewalk snow removal
machines. Recommend approval of the resolution authorizing this purchase.
7. Announcements
a. The next City Council meeting is Tuesday, Dec. 21 at 7 p.m. in the Council Chambers at City
Hall and via Zoom.
b. City offices will be closed Friday, Dec. 24 in observance of the Christmas Day holiday.
c. City offices will be closed Friday, Dec. 31 in observance of the New Year’s Day holiday.
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 November 16, 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 6:01 p.m. on November 16, 2021 in the Council
Chambers at City Hall, 4141 Douglas Drive North, 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: LaRoche, Parsons, Adams, Banks, Budziszewski, and Kiser.
Council Member Cummings was absent.
City staff present in the Council Chambers: City Manager A. Norris, City Attorney T. Gilchrist, West
Metro Fire-Rescue District Chief S. Larson, Assistant Fire Chief A. Wodtke, Community Development
Director J. Sutter, Police Chief S. Revering, and City Clerk C. Serres.
Assistant City Manager/HR Manager K. Therres was present via Zoom.
Also present in the Council Chambers was J. Kolb, Crystal Citizen Representative of West Metro Fire-
Rescue District Board of Directors.
II.Agenda
The Council and staff discussed the following agenda items prior to the beginning of the regular City
Council meeting:
1.Follow up to October West Metro Fire-Rescue District session discussion of SAFER grant.
2.Truth in Taxation maps.
3.Blue Line Extension update.
The Council continued the work session to resume immediately following the regular City Council
meeting.
Mayor Pro Tem LaRoche resumed the work session at 7:20 p.m. The Council and staff discussed the
following agenda items and continued discussion item 1.
4.City manager monthly check-in.
5.Constituent issues.
6.New business.
7.Announcements.
III.Adjournment
The work session adjourned at 7:41 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
_________________________________________
Chrissy Serres, City Clerk
3.1(a)
Crystal City Council meeting minutes November 16, 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
November 16, 2021 at 7:00 p.m. in the Council Chambers at City Hall, 4141 Douglas Drive North 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: LaRoche, Parsons, Adams, Banks, Budziszewski, and Kiser.
Council Member Cummings was absent.
City staff present in the Council Chambers: City Manager A. Norris, City Attorney T. Gilchrist,
Community Development Director J. Sutter, Police Chief S. Revering, West Metro Fire-Rescue District
Chief S. Larson, Assistant Fire Chief A. Wodtke, and City Clerk C. Serres.
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.
Motion carried.
3.Proclamation
3.1 Mayor Adams read a Thanksgiving Day proclamation.
4.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
4.1 Approval of the minutes from the following meetings:
a. The City Council work session on November 2, 2021.
b. The City Council meeting on November 2, 2021.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a
list that is on file in the office of the city clerk.
Moved by Council Member Parsons and seconded by Council Member Banks to approve the consent
agenda.
By roll call and voting aye: Parsons, Banks, Budziszewski, Kiser, and LaRoche.
Abstention: Adams.
Absent, not voting: Cummings.
Motion carried.
5.Open Forum
No public comment was given during open forum.
3.1(b)
Crystal City Council meeting minutes November 16, 2021
Page 2 of 3
6. Regular Agenda
6.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the city council, a list that is on file in the office of the finance department.
Moved by Council Member LaRoche and seconded by Council Member Kiser to approve the
list of disbursements over $25,000.
Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, and Kiser.
Absent, not voting: Cummings.
Motion carried.
6.2 The Council considered a resolution levying a special assessment for a fire protection system at
5600 – 56th Avenue North.
Community Development Director John Sutter addressed the Council.
Moved by Council Member Banks and seconded by Council Member Parsons to adopt the
following resolution:
RESOLUTION NO. 2021 – 99
RESOLUTION AUTHORIZING A SPECIAL ASSESSMENT OF FIRE PROTECTION
SYSTEM COSTS AT 5600 56TH AVENUE NORTH PURSUANT TO A PETITION AND
WAIVER AGREEMENT WITH YER MOUA-LOR AND CHENG LOR
Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, and Kiser.
Absent, not voting: Cummings.
Motion carried, resolution declared adopted.
6.3 The Council considered an agreement with the City of Brooklyn Park for environmental health
services in 2022.
Community Development Director John Sutter addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Banks to approve the
agreement with the City of Brooklyn Park for environmental health services in 2022.
Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, and Kiser.
Absent, not voting: Cummings.
Motion carried.
7. Announcements
The Council made announcements about upcoming events.
8. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn
the meeting.
By roll call and voting aye: Adams, Budziszewski, Kiser, LaRoche, and Parsons.
Voting nay: Banks.
Absent, not voting: Cummings.
Motion carried.
3.1(b)
Crystal City Council meeting minutes November 16, 2021
Page 3 of 3
The meeting adjourned at 7:19 p.m.
_____________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Chrissy Serres, City Clerk
3.1(b)
Crystal City Council work session minutes November 18, 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 6:31 p.m. on November 18, 2021 in the Council
Chambers at City Hall, 4141 Douglas Drive North, 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 in the Council Chambers: LaRoche, Adams, Budziszewski, and Kiser.
Council members present via Zoom: Cummings and Parsons.
Council Member Banks was absent.
City staff present in the Council Chambers: City Manager A. Norris, Police Chief S. Revering, and
Recreation Director J. Elholm.
City staff present via Zoom: Community Development Director J. Sutter and City Clerk C. Serres.
Commission applicants present in the Council Chambers: T. Schulz, L. Haney, R. Johnson, and M.
Strand.
Commission applicant J. McCaffrey was present via Zoom.
II.Agenda
The Council and staff discussed the following agenda items:
1.Interview commission applicants.
2.Draft work plan from community conversations regarding inclusion.
III.Adjournment
The work session adjourned at 8:18 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
_________________________________________
Anne Norris, City Manager
3.1(c)
Page 1 of 1
City of Crystal Council Meeting
Dec. 7, 2021
Applications for City License
Rental – New
5652 Elmhurst Ave. N. – Brandon Sundheimermeyer (Conditional)
2700 Louisiana Ave. N. – Kshitij Goel (Conditional)
5600 35th Ave. N. – Nothome Properties LLC (Conditional)
6012 36th Ave. N. – Roberta Brown (Conditional)
Rental – Renewal
5757 Adair Ave. N. – MNCH0954 (Conditional)
5017 Angeline Ave. N. – Clifford Benson (Conditional)
4652 Brunswick Ave. N. – Building Ventures LLC (Conditional)
6720 Corvallis Ave. N. – Leslie Oyster
3335 Douglas Dr. N. – Drew Kabanuk
3408 Douglas Dr. N. – Wally Anderson (Conditional)
3414 Douglas Dr. N. – Wally Anderson
5830 Elmhurst Ave. N. – John Sexter
6812 Fairview Ave. N. – Lowell Saumweber
5331 Kentucky Ave. N. – Bradley Buechele (Conditional)
5936 Kentucky Ave. N. – Aaron Voreis (Conditional)
3513 Kyle Ave. N. – Huyen Chau Tran
4649 Louisiana Ave. N. – Hee Yoon Kim (Conditional)
4832 Louisiana Ave. N. – Aquila Properties LLC
5849 Quail Ave. N. – Invitation Homes (Conditional)
5233 Unity Ct. N. – Steven Neuman (Conditional)
6800 Valley Pl. N. – Michael Lietzau
5510 Vera Cruz Ave. N. – Building Ventures LLC (Conditional)
5000 Wilshhire Blvd. – Michael Johnson
3049 Winnetka Ave. N. – Reill Properties LLC
3235 Winnetka Ave. N. – Travis Spende (Conditional)
3425 Xenia Ave. N. – Tiki Properties LLC
3636 Xenia Ave. N. – Pro Operam Sub III LLC (Conditional)
5233 Xenia Ave. N. – HPA US1 LLC (Conditional)
5568-5570 Xenia Ave. N. – Naresh Uppal
3727 Yates Ave. N. – Matthew Eastman (Conditional)
6400 29th Ave. N. – Brian Gieseke (Conditional)
8201 35th Ave. N. – Chen Zhou (Conditional)
5800-5804 36th Ave. N. – Daljit Chawla
6000-6002 36th Ave. N. – Mark Landwehr
7700/10/20 36th Ave. N. – Winnetka Village (Conditional)
6621 41st Pl. N. – Invitation Homes (Conditional)
6720 45th Ave. N. – Robert Loukinen
5101 56th Ave. N. – Community Involvement Programs (Conditional)
7724 59th Ave. N. – Justin Quirk (Conditional)
3.2
CITY OF CRYSTAL
RESOLUTION NO. 2021 –
RESOLUTION ACCEPTING A DONATION
WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the
following donation:
Donor Purpose Amount
Deborah Ruf Youth Scholarship Fund $25
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks Deborah Ruf
for the generous donation.
Dated: Dec. 7, 2021
By: __________________________
Jim Adams, Mayor
ATTEST:
______________________________
Chrissy Serres, City Clerk
3.3
3.4
CITY OF CRYSTAL
RESOLUTION NO. 2021 -
RESOLUTION DESIGNATING 2022 POLLING LOCATIONS IN CRYSTAL
WHEREAS, Minnesota Statutes § 204B.16 requires that cities designate polling
locations for each election precinct within their city; and
WHEREAS, per statute this must be done by Dec. 31 of each year and the city will
designate by resolution; and
WHEREAS, the following locations are designated:
Ward 1, Precinct 1: FAIR School Crystal, 3915 Adair Ave. N.
Ward 1, Precinct 2: FAIR School Crystal, 3915 Adair Ave. N.
Ward 1, Precinct 3: FAIR School Crystal, 3915 Adair Ave. N.
Ward 2, Precinct 1: Crystal Community Center, 4800 Douglas Dr. N.
Ward 2, Precinct 2: Crystal City Hall, 4141 Douglas Dr. N. (Combined with Ward 2, Precinct 3)
Ward 2, Precinct 3: Crystal City Hall, 4141 Douglas Dr. N. (Combined with Ward 2, Precinct 2)
Ward 3, Precinct 1: Crystal Community Center, 4800 Douglas Dr. N.
(Combined with Ward 4, Precinct 2)
Ward 3, Precinct 2: St. James Lutheran Church, 6700 46th Pl. N.
Ward 3, Precinct 3: Crystal Community Center, 4800 Douglas Dr. N.
Ward 4, Precinct 1: Cornerstone Church Crystal, 5000 West Broadway
Ward 4, Precinct 2: Crystal Community Center, 4800 Douglas Dr. N.
(Combined with Ward 3, Precinct 1)
WHEREAS, if a location changes, a re-designation will be a separate action prior to
election with notice sent to registered voters at least 25 days before the next election.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal,
Minnesota that the polling locations listed above are the designated 2022 polling locations in
Crystal.
Adopted by the Crystal City Council this 7th day of December, 2021.
____________________________
Jim Adams, Mayor
ATTEST:
___________________________
Chrissy Serres, City Clerk
3.5
4141 Douglas Drive North • Crystal, Minnesota 55422-1609
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
SUMMARY OF DECEMBER 2, 2021
CLOSED CITY COUNCIL WORK SESSION
The Crystal City Council held a closed work session pursuant to Minnesota Statutes,
section 13D.05, subdivision 3(a) on December 2, 2021, for the purpose of evaluating
the performance of the City Manager. Pursuant to the same section of the Open
Meeting Law, the City Council is required to summarize its conclusions regarding the
evaluation at its next open meeting. The City Council discussed the City Manager’s
performance and will consider renewal of the City Manager’s contract at its December
21, 2021 regular City Council meeting and will proceed with developing the City
Manager’s 2022 work plan.
3.6
5.1
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5.1
DATE:December 1, 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 support & hosting, firewalls & wireless upgrades $61,456.49
Yer Moua-Lor Sprinkler system payment financed through property taxes $65,693.20
MN PERA Employee & city required contributions for 11/12/21 pay date $62,875.77
Kraus-Anderson Construction Co.New police building project management $54,929.13
Laketown Electric Corporation New police building costs $48,925.00
McDowall Company New police building costs $108,595.22
Northland Concrete & Masonry New police building costs $435,983.50
Veit & Company Contractors New police building costs $52,592.01
West Metro Fire Rescue District November contribution to West Metro Fire $110,140.56
Overhead Door Company Replace fire rollup doors at Community Center $28,748.00
MN PERA Employee & city required contributions for 11/26/21 pay date $61,647.10
Metropolitan Council Environ Svs Wastewater services for December $143,035.56
$1,234,621.54
Description
6.1
6.2
6.2
6.2
Memorandum
DATE: December 7, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Award construction contract for Central Core storm water project
Summary
This item has been discussed multiple times over the last few years. On November 2, 2021 the Council
approved the plans and specs and ordered the advertisement for bids for the Central Core storm water
project.
Bids received
Bids for the project were opened on December 1, 2021.
Staff has reviewed the bids and found them to be accurate and in order. The low bid, Peterson
Companies has done work in the City before and is a local and reputable contractor in the industry.
Schedule
Staff will be working with the contractor to identify the construction schedule and notify the adjacent
properties.
Attachment
1)Bid tab
Recommended Action
Motion authorizing the contract with Peterson Companies for $1,876,835 for the construction of the
Central Core storm water project.
6.3
Mick Cyert
Contact Quest
Logout
Providing State-of-the-Art Bid Management Systems for Public Construction,
RFPs, and General Goods & Services Procurement since 1999
Home
Bid Requirements
Bid Letting
Item Codes
Central Core Storm Water Project (#8064596)
Owner: Crystal MN, City of
Solicitor: Crystal MN, City of
12/01/2021 12:30 PM CST
Show Evaluation Options
Sections shown in this color are not included in the Base Bid Total - Mandatory completion
Sections shown in this color are not included in the Base Bid Total - Optional completion
Sections shown in this color are fixed and cannot be edited by the bidder
Post Prelim Bid Tabs Export to CSV Done
Peterson Companies Minger Construction Co.
Inc.
Rachel Contracting, LLC Veit & Company, Inc.Park Construction
Company
ONLINE Docs ONLINE Docs ONLINE Docs ONLINE Docs ONLINE Docs
Accepted Accepted Accepted Accepted Accepted
Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension
Base Bid $1,866,834.75 $1,963,522.00 $2,020,880.00 $2,260,938.00 $2,319,497.05
Allowance $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00
Equipment / Materials Schedule $0.00 $0.00 $0.00 $0.00 $0.00
Base Bid Total:$1,876,834.75 $1,973,522.00 $2,030,880.00 $2,270,938.00 $2,329,497.05
6.3
RESOLUTION NO. 2021- ___
AWARD CONTRACT FOR
CENTRAL CORE STORM WATER 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 Crystal City Council approved the Central Core storm water
construction plans and specifications; and
WHEREAS, the Crystal City Council authorized solicitation of public bids; and
WHEREAS, bids were received and publicly opened on December 1, 2021; and
WHEREAS, Peterson Companies was the lowest qualified bidder; and
WHEREAS, Peterson Companies has successfully completed work in the City
before and is a local and reputable contractor in the industry.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards
the contract for Central Core storm water project (S-0088) to Peterson Companies in the
amount of $1,876,835.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby
authorized to sign such contract.
Adopted by the Crystal City Council this 7th day of December, 2021.
______________________________________
Jim Adams, Mayor
ATTEST:
_________________________________________
Christina Serres, City Clerk
6.3
Memorandum
DATE: December 7, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Patrick Sele, Utility Superintendent
SUBJECT: Fiber optic connection to Adair Ave storm water lift station
Background
Over the last few years the City has been connecting the various sanitary sewer and storm water lift stations to the
fiber optic network provide for improved operational and security measures. In 2020 and 2021, the City connected
five of the seven sanitary sewer lift stations to the fiber optic network. In 2022, fiber optic lines are programmed to
be installed to the sixth sanitary sewer lift station and the proposed one storm water lift station.
Project scope
The 2022 project is proposed to connect Adair Ave (Gaulke Pond) storm water lift station to the fiber optic
network. This is the one, and only, storm water lift station in the City.
Project funding
The 2022 Central Core storm water project budget includs funds adequate for the extension of the fiber optic
network as part of the larger project.
Project cost
Adair Ave (Gaulke Pond) storm water lift station $46,428.75
Attachment
•LOGIS Fiber Optic Estimate
Recommended Action
Motion authorizing the contract with LOGIS to provide the fiber optic installation to the Adair Ave storm water lift
station.
6.3
6.3
6.3
RESOLUTION NO. 2021- _____
AUTHORIZING THE CONTRACT FOR FIBER OPTIC INSTALLATION
TO ADAIR AVE STORM WATER LIFT STATION
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, building out a fiber network to all remote City infrastructure provides for
improved operational and security measures; and
WHEREAS, LOGIS will obtain bids for the work; and
WHEREAS, LOGIS will own and operate the fiber network, like other City fiber
communications; and
WHEREAS, adequate funds are available in the Gaulke Pond project in the storm water
Capital Improvement Fund.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the
contract with LOGIS for the installation of fiber optic lines to the storm water lift station.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby authorized to
sign said contracts.
Adopted by the Crystal City Council this 7th day of December 2021.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
6.3
Memorandum
DATE: December 7, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Authorize Cooperative and Subgrant Agreement for SRP Channel Extension Project
Summary
The Shingle Creek Watershed Management Commission is proposing to do a channel maintenance
project in the 639W wetland area (MAC Park) that will install additional infrastructure to help capture
pollutants. As with other watershed projects, the City would be managing the contracting and
construction of the project. All project costs will be reimbursed by the watershed. The watershed’s
consultant will solicit quotes for the project.
Schedule
The anticipated construction schedule is for the work to be started and finished in winter and early
spring of 2022.
Attachments
-SRP Channel Extension Project Overview
-Cooperative and Subgrant Agreement for SRP Channel Extension Project
Recommended Action
Motion authorizing the Cooperative and Subgrant Agreement for SRP Channel Extension Project with
the Shingle Creek Watershed Management Commission
6.4
SRP Channel Extension Project Overview
Wetland 27-639W is in the cities of Crystal and Brooklyn Center and is immediately east of the
MAC Crystal Airport. Several hundred acres of developed lands in Crystal, Brooklyn Park, and
Brooklyn Center drain to the wetland, which is partially ditched. The wetland discharges through
a channel into Upper Twin Lake, which is an Impaired Water for excess nutrients. Years of
study and monitoring have concluded that the wetland has transformed form a nutrient sink into
a nutrient source, and outflow was the largest single source of phosphorus to Upper Twin Lake.
Over the past 10 years a series of projects have been identified and constructed by the Shingle
Creek Watershed Management Commission and the City of Crystal to reduce this pollutant
discharge.
The original Wetland 639W Outlet Modification Project installed a new weir at the outlet of the
wetland adjacent to the boardwalk, and an overflow weir higher up in the wetland to provide an
outlet for higher flows. These controlled outlets have significantly reduced the amount of
particulate phosphorus moving from the wetland to the lake. The outlet structure is a three-sided
weir box which outlets into a new channel that was constructed in the upland adjacent to the
wetland. The box and channel were initially lined with limestone. The limestone was intended to
provide some soluble reactive phosphorus (SRP) reduction. SRP is a dissolved form of
phosphorus and is easily taken up by algae, fueling algal blooms. However, the actual reduction
from the limestone has been negligible, and the outflow from the wetland continues to be high in
dissolved phosphorus.
To explore options other than limestone, the Commission undertook the SRP Reduction Project,
a pilot field trial to evaluate the effectiveness of several other types of media. That trial modified
the overflow outlet structure and measured the effectiveness of iron-enhanced sand and two
proprietary media to reduce SRP in a limited amount of wetland outflow. The pilot study
documented a consistent 70-90% reduction in SRP by one of the proprietary products and by
iron-enhanced sand (IES). The third proprietary product did not perform as well as the other two
and was discontinued from further consideration.
The load reduction achieved by the pilot field test was small since the fraction of water volume
treated was small. The proposed SRP Channel Extension Project would scale up the pilot to
provide treatment in the discharge channel. The project would modify the channel with a series
of cells lined with IES filter media underlain with drain tile assuring that each cell can draw down
to allow the media to dry out.
6.4
SH220-1-740891.v2 1
COOPERATIVE AND SUBGRANT AGREEMENT
FOR
SRP CHANNEL EXTENSION PROJECT
This Cooperative and Subgrant Agreement (“Agreement”) is made as of this 7th day of
December 2021 by and between the Shingle Creek Watershed Management Commission, a joint
powers watershed management organization, (“Commission”) and the City of Crystal, a Minnesota
municipal corporation, (“City”). The Commission and the City may hereinafter be referred to
individually as a “party” and collectively as the “parties.”
RECITALS
A. On April 11, 2013, the Commission and the West Mississippi Watershed Management Commission
jointly adopted the Shingle Creek and West Mississippi Third Generation Watershed Management
Plan (“Plan”), a watershed management plan within the meaning of Minn. Stat. § 103B.231.
B. The Plan includes a capital improvement program (“CIP”) that lists several water quality project
capital improvements.
C. The water quality projects identified in the CIP include the SRP Channel Extension Project
(“Project”), which is more fully described in the attached Attachment One.
D. The Plan specifies that projects in the CIP will be partially or fully funded by a County tax levy
under Minn. Stat. § 103B.251.
E. The Commission entered into a grant agreement related to the Project with the Hennepin
County Board (“County”) effective as of March 23, 2021, a copy of which is attached hereto as
Attachment Two (“County Grant Agreement”).
F. The County Grant Agreement provides that the County will grant the Commission a sum not to
exceed Seventy-five Thousand and No/100 Dollars ($75,000.00), which funds are to be used for
the Project to perform the duties and tasks specified in the County Grant Agreement.
G. On August 9, 2018, the Commission adopted a resolution ordering the Project, directing that
that the Commission’s share of the Project costs be funded from a levy previously certified to
Hennepin County (“County”) in accordance with Minn. Stat. § 103B.251.
H. On November 12, 2021, the Commission authorized the expenditure of $50,000 from the Closed
Projects Account to increase the scale of the Project and to provide the required cash match to
the County Grant.
I. The Commission and City have agreed the City will assume, as subgrantee, certain duties and
responsibilities of the Commission, as grantee, under the County Grant Agreement in
6.4
SH220-1-740891.v2 2
consideration of receiving a portion of the funds provided for in the grant agreement and subject
to the terms, conditions, and limitations set forth therein.
J. On September 9, 2021, the Commission adopted a resolution expanding the Project, directing
that it be constructed by the City and that the Commission’s additional share of the Project costs
be funded from a levy certified to Hennepin County in accordance with Minn. Stat., § 103B.251.
K. The City is willing to construct the Project and to perform the duties as a subgrantee in
accordance with the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual covenants and agreements hereinafter set forth, and
intending to be legally bound, the parties hereby agree as follows:
1. Project. The Project will consist of the work required to construct the improvements in the
City as more fully described in Attachment One. The Project will be constructed on land
owned by the City or within easement areas held by the City.
2. Design and Plans. The Commission will design the Project and prepare plans and specifications
for construction of the Project. Plans and specifications are subject to approval by the City.
3. Contract Administration. The City will advertise for bids and award the contract for the Project
in accordance with the requirements of law. The City will supervise and administer the
construction of the Project to ensure that it is completed in accordance with the scope of the
Project identified in Attachment One. The City will require the contractor to name the
Commission as additional insured on all liability policies required by the City of the contractor
and the Commission shall be given the same notification of cancellation or non-renewal as is
given to the City. The City will require that the contractor defend, indemnify, protect and hold
harmless the Commission and the City, their agents, officers, and employees, from all claims or
actions arising from performance of the work of the Project conducted by the contractor. The
City will supervise the work of the contractor. However, the Commission may observe and
review the work of the Project until it is completed.
4. Contract Payments. The City will pay the contractor and all other expenses related to the
construction of the Project and keep and maintain complete records of such costs incurred.
5. Commission Reimbursement. Reimbursement to the City will be made as soon as funds are
available, provided a request for payment has been received from the City providing such
detailed information as may be requested by the Commission to substantiate costs and
expenses.
6. Limits on Reimbursement. The total reimbursement paid by the Commission to the City for the
Project will not exceed the cost of the channel extension contract, estimated to be One Hundred
6.4
SH220-1-740891.v2 3
Seventy-Five Thousand Dollars ($175,000). Reimbursement will not exceed the costs and
expenses incurred by the City for the Project, less any amounts the City receives for the Project
as grants from other sources. In no case will the amount of the Reimbursement exceed the
amount the Commission received in grant and levy funds and that it otherwise allocated to this
Project. All costs of the Project incurred by the City in excess of such reimbursement, including
all costs incurred in excess of estimated project costs due to unforeseen conditions or any other
cause, shall be borne by the City or secured by the City from other sources.
7. Grant Agreement. The Commission agrees to forward to the City the funds the Commission
receives from the County Grant Agreement for the Project based upon approved
reimbursement requests received from the City and conditioned on City’s continuing
compliance with its obligations under this Agreement.
8. City Obligations as Subgrantee. The City will perform and satisfy certain obligations of the
Commission under the Grant Agreement. Specifically, but without limiting the foregoing, the
City will perform all of the following with respect to the Project and in satisfaction of the
obligations of the Grant Agreement:
(a) The City will perform, or participate in, all elements of the Project as described or otherwise
identified in the Grant Agreement, as it may be amended, and will properly document
expenses, including time and materials, in the manner expressed in the Grant Agreement
and will provide information to the Commission to aid in accurate grant reporting as required
in the Grant Agreement. Any amendments made to the Grant Agreement, including its
exhibits, are incorporated in and made part of this Agreement by reference.
(b) The City will comply with all requirements and conditions of the Grant Agreement applicable
to the Project that, by their nature, must be performed by City rather than Commission and
that are conditions of award of funds under the Grant Agreement.
(c) The times of performance and expiration of City’s obligations under this Agreement shall be
as provided in the Grant Agreement.
(d) The City will provide invoices for reimbursement in accordance with the requirements of the
Grant Agreement.
(e) The City will take all other actions as are needed to ensure compliance with the Grant
Agreement and provide such information and assistance to the Commission as may be
needed to ensure the Commission can comply with the requirements of the Grant
Agreement that, by their nature, must be performed by the Commission rather than the
City.
9. Ongoing Maintenance. The City will have ownership of the associated improvements and
agrees to, at its cost, maintain them in good operating condition in perpetuity or until such
time as they are replaced with like improvements.
6.4
SH220-1-740891.v2 4
10. Indemnification. The City will defend, indemnify, protect and hold harmless the Commission
and its agents, officers, and employees, from any claims arising out of conducting the Project,
including environmental claims. Nothing herein shall be deemed a waiver of the limitations of
liability in Minnesota Statutes, chapter 466.
11. Audit. All City books, records, documents, and accounting procedures related to the Project are
subject to examination by the Commission and either the State Auditor or the Legislative Auditor
for at least six years after completion of the Project.
12. Data Practices. The City shall retain and make available data related to the letting of contracts
and construction of the Project in accordance with the Minnesota Government Data Practices
Act.
13. Legal Compliance. The City is responsible for complying with all applicable federal, state, and
local laws, rules, regulations, and ordinances and for securing all required permits related to the
Project.
14. Term. This Agreement shall be in effect as of the date first written above and shall continue until
the Project is fully constructed and all obligations under the Grant Agreement have been
completed. The indemnification, data practices, audit, and ongoing maintenance obligations
set out herein shall survive the termination of this Agreement.
15. Entire Agreement. The above recitals and the attachments attached hereto are incorporated in
and made part of this Agreement. This Agreement contains the entire understanding between
the parties regarding this matter and no amendments or other modifications of its terms are
valid unless reduced to writing and signed by both parties.
[Signature page follows]
6.4
SH220-1-740891.v2 5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers on behalf of the parties as of the day and date first above written.
SHINGLE CREEK WATERSHED
MANAGEMENT COMMISSION
By:__________________________________
Its Chair
And by:______________________________
Its Secretary
CITY OF CRYSTAL
By: _________________________________
Its Mayor
And by: ______________________________
Its City Manager
6.4
SH220-1-740891.v2
ATTACHMENT ONE
SRP Channel Extension Project
Overall Project Narrative:
The SRP Channel Extension Project is a follow up the SRP Reduction Project completed in 2018-
2020. That was a research project and pilot field test to evaluate various filter media designed to
reduce Soluble Reactive Phosphorus (SRP), a dissolved form of phosphorus, from stormwater
outflow from degraded wetlands. One such location was the outlet of a wetland known by its
Minnesota DNR number - Wetland 27-639W - adjacent to MAC Crystal Airport in the City of
Crystal. That wetland’s overflow weir was filled with filter media to treat runoff before being
discharged into an 800-foot-long channel. The SRP Channel Extension Project scales up the field
test by lining that channel with iron-enhanced sand, the most cost-effective medium from the pilot
study. The project will construct within the channel a series of cells lined with filter media
underlain with drain tile assuring that each cell can draw down to allow the media to dry out. The
project will be constructed in Spring 2022. The Commission will monitor flow and water quality to
estimate effectiveness.
6.4
SH220-1-740891.v2
ATTACHMENT TWO
County Grant Agreement
(attached hereto)
6.4
RESOLUTION NO. 2021- ___
AUTHORIZING COOPERATIVE AND SUBGRANT AGREEMENT
FOR SRP CHANNEL EXTENSION PROJECT
WHEREAS, the Shingle Creek Watershed Management Commission allocated
funds for this project; and
WHEREAS, Shingle Creek Watershed Management Commission will solicit
quotes for this project; and
WHEREAS, Shingle Creek Watershed Management Commission oversee
construction; and
WHEREAS, the City will manage the contracting and processing of payments for
the project; and
WHEREAS, the full cost of the project will be paid for by the Shingle Creek
Watershed Management Commission.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
authorizes the Cooperative and Subgrant Agreement for the SRP Channel Extension
Project with the Shingle Creek Watershed Management Commission.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby
authorized to sign such agreement.
Adopted by the Crystal City Council this 7th day of December, 2021.
Jim Adams, Mayor
ATTEST:
_________________________________________
Christina Serres, City Clerk
6.4
Memorandum
DATE: December 7, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Lawn mowing services contract
Background
The City contracts out lawn mowing services for long grass violation properties, EDA properties,
the Highway 81 corridor, and some other minor landscaping tasks as needed. The proposed
contract will end December 31, 2022 and may be extended by one year increments up to two
additional years.
In 2018 the City solicited quotes for lawn mowing services. Whippersnapper Lawn Service
Minnesota, LLC was the best value quote obtained. The costs for mowing violation properties is
passed on to the property owner. EDA property mowing is paid for by the EDA funds. The
Highway 81 corridor costs and other minor landscaping tasks, as needed, are paid for out of the
Park Maintenance Fund with money allocated for this purpose.
Actual mowing costs vary year to year depending on growing conditions. Between 2018 and
2021 the total Whippersnapper Lawn Service Minnesota, LLC costs were between $13,000 and
$17,000 per year. Their proposed contract costs in the 2022 agreement are reasonable and in
line with previous year costs.
Contractor experience
Whippersnapper Lawn Service Minnesota, LLC has been the City’s lawn mowing contractor
since 2018 and is a local contractor. The City is very happy with the customer service and
quality provided each year.
Attachment
•Lawn mowing services contract
Recommended Action
Motion to approve the resolution awarding the contract for lawn mowing services to
Whippersnapper Lawn Service Minnesota, LLC.
6.5
CITY Of CRYSTAL
lVII:\1:\'.ESOTA
MOWING SERVICES CONTRACT
This Mowing Services Contract (·'Contract") is made and ent ered into this ~ day of
Al,w4"'bl C , 2021 by and between the City of Crystal, a Minnesota municipal corporation.
4141 Douglas Drive North, Crystal, MN 55422 ("City") and Vh1(e.r'JN.fµr Law11 ~tfV,c,,:d,,.,1 "
_M__&I LLC,.. _______ ("Contractor .. ). The City and the Contractor may
hereinafter be referred to individually as a "party" or collective ly as the "parties:'
RECITALS
A. The City desires to hire a contractor to provide all equipment, materials, and personnel as
may be needed to provide the mowing services described in the attached Exhibit A
( collectively. the "Services'');
B. The total estimated amount of the Services is under S25,000 and so the City is authorized
under the Municipal Contracting Law to contract on th<:! open market for the Services; and
C. The City has selected the Contractor to provide the Services and the Contractor is agreeable
to providing the Serv ices in accordance with the terms and conditions as set out herein.
CO~TRACT
In consideration of the mutual promises and Contracts contained herein, and intending to
be legally bound. the City and the Contractor hereby agree as follows:
I. Tenn. This Contract shall commence as of the date first written above and shall terminate
on December 31, 2022. The contract may be extended in one year increments up to an
additional two years.
3.
Sen·ices Timing. The Contrac;tor shail provide the Services in accordance with the
schedules and deadlines set out in the attached Exhibit A.
Contract Documents. The following. together with this Mowing Services Contract
document. constitute the contract documents for the Services and are incorporated in and
made pa1t of the Contract:
(a) Description and Specifications (attached as Exh ibit A); and
(b) Contractor'~ Proposal (attached as Exhibit B).
4. Scope of Services. The Contractor agrees to provide, as requested by the City, all
equipment, materials, and personnel as necdeu to complete the S ervices in accordance with
the description and s~1ecificat~ons attached hereto as Exhibit A. The Contractor shali
519 !-17v2 TJG CR225-B I
6.5
2
519147v2 TJG CR225-431
perform the Services in a workmanlike manner, in a timely and competent fashion, and will
take all steps necessary to protect personal property and the public from injury arising from
the Contractor’s performance of the Services under this Contract.
5. Contract Price. The City agrees to pay the Contractor for the satisfactory performance of
the Services based upon the rates set out in the attached Exhibit B. The indicated rates are
all-inclusive amounts to provide the Services and the City is not required to pay the
Contractor any expenses, surcharges, fees, or other additional amounts related to the
provisions of the Services.
6. Claims for Payment. The Contractor must submit detailed written claims for payment in
order to be eligible to receive payment from the City. The claims shall be sufficiently
detailed and endorsed to substantiate the requests for payment and comply with the
requirements of Minnesota Statutes, section 471.38.
7. Independent Contractor. The Contractor agrees it is an independent contractor for all
purposes and nothing herein shall be construed as creating an employment relationship.
The City will not provide the Contractor with any training with respect to the skills needed
to perform the Services required by this Contract. The Contractor acknowledges that any
general instruction that it may receive from the City will have no effect on its status as an
independent contractor. The Contractor is not eligible to receive workers’ compensation,
unemployment insurance, employee pension, health insurance, vacation or sick pay or any
other benefit or compensation from the City. The Contractor is responsible for
withholding, reporting and paying any taxes on the payments that it receives from the City.
Upon demand, the Contractor shall provide the City with proof that such payments have
been made. This Contract does not create a partnership relationship or joint venture
between the City and the Contractor. The Contractor does not have the authority to enter
into contracts on the City’s behalf.
8. Insurance Requirements. The Contractor agrees that it will provide and maintain at all
times during the term of this Contract such insurance coverages as are indicated herein and
that will otherwise comply with the provisions that follow. Such policy or policies shall
apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity
provisions of this Contract. The provisions of this section shall also apply to all
subcontractors, other lower tier contractors, and independent contractors engaged by the
Contractor with respect to this Contract, and the Contractor shall be entirely responsible of
securing the compliance of all such persons or parties with these provisions. All policies
required by this Contract shall be issued by financially responsible insurers licensed to do
business in the State of Minnesota. The Contractor shall not commence or perform any of
the Services under this Contract until certificates of insurance are presented to the City
showing the required coverages are in full force and effect with at least the required
coverage limit amounts.
(a) Workers’ Compensation:
(1) State: Statutory Amounts
(2) Applicable Federal: Statutory Amounts
6.5
3
519147v2 TJG CR225-431
(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 $1,000,000
(2) Each Occurrence(Bodily Injury/Property Damage) $500,000
(3) Excess or Umbrella Liability
i. General Aggregate $2,000,000
ii. Each Occurrence $2,000,000
(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
9. Indemnification. Any and all claims that arise or may arise against the Contractor, it
agents, servants, or employees as a consequence of any act or omission on the part of the
contractor or its agents, servants, or employees while engaged in the performance of the
Contract shall in no way be the obligation or responsibility of the City. The Contractor
shall indemnify, hold harmless, and defend the City, its officers, agents, and employees
against any and all liability, loss, costs, damages, expenses, claims or actions, including
attorney fees which the City, its officers, agents, or employees may hereafter sustain, incur,
or be required to pay, arising out of or by reason of any act or omission of the Contractor,
its agents, servants or employee, in the execution, performance, or failure to adequately
perform the Contractor’s obligations pursuant to this Contract.
10. Liability Limitations. Nothing in this Contract shall constitute or be construed as a waiver
by the City of any limitation on or immunities from liability available to the City under
Minnesota Statutes, Chapter 466 or other law.
11. Termination. Either party may terminate this Contract, with or without cause, upon 30
days’ written notice to the other party. Without limitation of the foregoing, the City may
immediately terminate this Contract or may pursue any other available remedies at law or
in equity that are necessary or desirable to enforce performance and observance of any
obligation, agreement, or covenant of this Contract if it determines any of the following
have occurred: failure to adequately perform or deliver the required services; failure to
following the specifications or standards established by this Contract; failure to perform or
complete the services in a timely fashion as established by the City; or failure to correct
deficiencies within ten (10) days. If the City terminates this Contract for the Contractor’s
6.5
failure to perform, it shall provide the Contractor written notice that includes the reasons
for the T em1ination.
12. Preservation of Other Remedies. The rights and remedies of the City provided in this
Contract shali not be exclusive and are in addition to any other rights and remedies
provided by law or under this Contract.
13. Subcontracting and Assignment. The Contractor shall not subcontract or assign any
portion of this Contract without prior written permission of the City.
14. Required Submittals. The Contractor agrees to provide the City all of the following
hefore commencing any of the Services:
(a) Certificatt:s 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; and
(b) List of ail proposed subcontractors.
15. '.\otices. Any notices provided under this Contract shall be delivered or mailed to the
following:
(a) To the City at
(b) To the Contractor at:
Mark Ray, PE
Director of Public Works
City of Crystal
4141 Douglas Drive North
Crystal, MN 55422
16. Legal Compliance. The Contractor is required to comply with all applicable federal, state,
and local laws, rules, regulations, and ordinances in the performance of the Services and
shall obtain any licenses, permits, or permissions that may be required to undertake and
complete the Services.
17. l\ondiscrimination. Contractor agrees to comply with the provisions of all applicable
federal. state, and local laws, rules, regulations. and ordinances pertaining to civil rights
and nondiscrimination including, without limitation, Minnesota Statutes, section 181.59.
Failure to comply with this requirement, as reasonably determined by the City. may result
in tht: termination of this Contract.
18. Conflict of Interest. Contractor agrees that it will not, during the term of this Contra.er..
enter into a contract or otherwise accept employment for the performance of any work or
s~ffice with any individual, business, partnership, corporation, govemment, governm~ntal
4
5 i9!-t7v2 TJG CR225--i3 !
6.5
5
519147v2 TJG CR225-431
unit, or any other organization that would create a conflict of interest in the performance of
its obligations under this Contract.
19. Entire Contract. This writing, including the recitals and exhibits which are incorporated
herein, represents the entire Contract and understanding of the parties with respect to the
subject matter hereof and supersedes any and all previous Contracts of whatever nature
between the parties with respect to the subject matter. This Contract may not be altered or
amended except by an agreement in writing signed by the parties. Without limitation of the
foregoing, no claim for extra work done or materials furnished by the Contractor will be
made by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by this Contract, unless such work or materials is ordered
in writing by the City.
20. City Obligation. All covenants, promises, Contracts, and obligations of the City contained
herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of the City, and not of any governing body member, officer, agent, servant, or
employee of the City in the individual capacity thereof.
21. Non-Exclusivity. This Contract is not exclusive between the City and the Contractor. The
City, in its sole discretion and without limitation, may retain additional contractors or
subcontractors to perform any or all of the Services to be provided under this Contract.
Such services shall be provided independently from this Contract and under such terms and
conditions as the City and the other contractors or subcontractors may agree to. Nothing in
this Contract shall be construed as limiting the City’s right to retain the services of other
contractors.
22. Prompt Payment of Subcontractors. If subcontractors are authorized to be used in the
delivery of the Services, the Contractor shall, in accordance with Minnesota Statutes,
section 471.425, subdivision 4a, pay the subcontractors for undisputed services provided by
them within 10 days of receiving payment from the City. The Contractor shall pay interest
of 1-1/2 percent per month or any part of a month to a subcontractor on any undisputed
amount not paid on time to the subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual penalty due to the subcontractor.
23. Equal Negotiation. The parties acknowledge that they participated equally in the
negotiation and drafting of this Contract and that, accordingly, no court shall construe this
Contract more stringently against one party than the other.
24. No Waiver. The waiver by any party of a breach or violation of, or failure of any party to
enforce, any provision of this Contract shall not operate or be construed as a waiver of any
subsequent breach or violation or as a relinquishment of any rights hereunder.
25. Applicable Law. This Contract has been made, and its validity, performance, and effect
shall be determined in accordance with the internal laws of the State of Minnesota without
regard to conflict of law provisions. Any dispute arising out of this Contract shall be heard
6.5
6
519147v2 TJG CR225-431
in the state or federal courts in Hennepin County, Minnesota and the parties hereto waive
any objection of such courts, jurisdictional or otherwise, and whether based on convenience
or any other grounds.
26. Audit. In accordance with Minnesota Statutes, Section 16C.05, subdivision 5, the
Contractor’s books, records, documents and accounting procedures and practices relevant
to this Contract are subject to examination by the City and the Minnesota State Auditor or
Minnesota Legislative Auditor for a minimum of six years from the expiration date of this
Contract.
27. Data Practices. Pursuant to Minnesota Statutes, section 13.05, Subd. 11, all of the data
created, collected, received, stored, used, maintained, or disseminated by the Contractor in
performing the Services is subject to the requirements of the Minnesota Government Data
Practices Act (Minnesota Statutes, Chapter 13 - “Act”) and the Contractor must comply
with those requirements as if it were a government entity. The remedies in Minnesota
Statutes, section 13.08 apply to the Contractor. The Contractor does not have a duty to
provide access to public data to the public if the public data are available from the City.
The Contractor shall immediately notify the City if it receives a request under the Act and
shall work with the City to ensure the response complies with the Act.
28. Recitals and Exhibits Incorporated. The recitals contained herein and the exhibits
attached hereto are incorporated in and made part of this Contract.
29. 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
Contractor’s proposal (Exhibit B), the provisions contained in this document shall be
controlling.
30. Authority. Each of the undersigned parties warrants that it has the full authority to execute
this Contract, and each individual signing this Contract on behalf of a corporation hereby
warrants that he or she has full authority to sign on behalf of the corporation and that he or
she represents and binds such corporation thereby.
31. Severability. If any part of this Contract is invalid or unenforceable under applicable law,
that part shall be ineffective only to the extent of such invalidity or unenforceability
without in any way affecting the remaining parts of the provision or this Contract.
6.5
!l\; \V!Ti\ESS WHEREOF, the parti~s t:a,,i;;; ':!Xec~r~ed this Contract as of the date and year
first written above.
CO!\TRACTOR
By: C-ht\r-L~-7 ()(lt,,b /wL ()(tr5nttp{Ju LAW/\ Je,,,rv l ~
Print \lame
lts: Owl\t £ / Pr(.,~ l J wf
Tit!~~
i7 S i gnature
Date: -----"-l-'-'I L'-"'-J.:.=:Jc...L../---"-J_0--=()----'-1 __ _
CfTY OF CRYSTAL
By:----------------
Its Mayor
Signature
By:----------------
Its Manager
Signature
Date: ______________ _
7
5l9147v2 !JG CR225-43 l
6.5
A-1
519147v2 TJG CR225-431
EXHIBIT A
Description and Specifications
[attached hereto]
6.5
B-1
519147v2 TJG CR225-431
EXHIBIT B
Contractor’s Proposal
[attached hereto]
6.5
City of Crystal
EXHIBIT A
SPECIAL CONTRACT PROVISIONS
LAWN MAINTENANCE SERVICES
SECTION SP
SP-1 GENERAL
All work to be performed under these specifications shall be carried out within the corporate limits of the
City of Crystal, Hennepin County, Minnesota. The specific area locations and route of construction are
indicated on the location maps and plans.
The work to be constructed includes the furnishing of all labor and materials necessary to provide turf and
bed maintenance and litter removal services.
All work shall be done in accordance with these specifications and shall be executed in such a manner as
to conflict to a minimum extent with the normal and continuous functions of the City, others utilities and
residents of the area(s) affected.
SP-1.2 Construction Schedule
The contractor will proceed with the work at such rate of progress to insure full completion within the
contract time. It is the City’s intent to begin work when growing season starts.
A. Work Hours
Public Property
Work shall be performed between the hours of 7:00 a.m. and 7:00 p.m. on any weekday and 8:00 a.m.
and 5:00 p.m. on Saturday. No work shall be performed on Sundays or legal holiday.
Private Property
Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. on any weekday. No work
shall be performed on Saturdays, Sundays or legal holiday.
B. Completion Dates
Once lawn mowing has started at a given location, it must be completed that same day. The Highway
81 corridor is an exception to this. Completion of the Highway 81 corridor mowing areas may occur
over multiple days.
SP-2 PUBLIC CONVENIENCE AND SAFETY
The requirements of Standard Specifications Mn/Dot 1404 and Mn/Dot 1707 shall apply.
6.5
City of Crystal
SP-3 PERMIT REQUIREMENTS
Unless noted below the City shall obtain and pay for all permits necessary for the prosecution of the
work.
The following permits have been applied for and fees paid by the City, with a summary of the Contractor
requirements:
Agency Contractor Requirements
None None
Any associated cost with meeting the Contractors requirements as listed shall be the responsibility of the
Contractor except for those costs specifically listed above and paid by the City. Permits may be viewed by
interested parties at the office of the City Engineer between 8:00 am and 4:30 pm, Monday through
Friday, and copies may be obtained by written request.
SP-5 AUTHORITY AND DUTIES OF INSPECTOR
The City shall designate a Resident Project Representative (RPR) for this project. The RPR shall have the
same authority as that specified for the inspector in MnDot Specification 1510. The contractor must direct
all request for extra compensation, or charges in scope of character of work through the RPR. Failure to
direct such initial requests may be cause for rejection of the request.
In order to ensure all communication to residents on this project is uniform and complete, the Contractor
shall direct all communication to the RPR. The Contractor shall, however, be responsible for
disseminating daily construction notices, etc. to the residents indicating construction operations and
access conflicts. Failure to disseminate such information, as directed by the Engineer, shall be cause for
stopping of work and redirection of forces until proper notification is provided.
The RPR for this project will be: Mr. Brad Fortin
Parks/Facilities Superintendent
City of Crystal
763-531-1168
brad.fortin@crystalmn.gov
SP-7 TRAFFIC CONTROL, LANE CLOSURE AND DETOURS
As appropriate, traffic shall be maintained in accordance with the Provisions of MnDOT 1401 and
MnDOT 1710, the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD), the MnDOT
Temporary Traffic Control Zone Layouts Field Manual, the MnDOT Standard Signs Manual.
In the event that a street or lane is to be closed the Contractor shall submit an overall traffic control plan
for approval within 10 days after the contract award and five (5) days prior to initiating any road closure.
As construction progresses, the Contractor shall provide an updated traffic control plan to the Engineer
(on a weekly basis) for approval. Each traffic control plan is subject to acceptance, rejection or suggested
revision by the Engineer.
6.5
City of Crystal
SP-8 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
The Contractor shall exercise extreme caution and perform all work with prudent care to protect existing
utilities, structures, sidewalks, trees, sod and other amenities during the prosecution of the work.
Equipment operators shall be instructed by the Contractors supervisors not to scuff, chip, or cause damage
and to refrain from making aggressive turning movements and avoid wheel marking streets, driveway and
sidewalk surfaces.
All trees, shrubs and other vegetation on public or private property shall be protected in place. If it
becomes apparent that a tree or any other vegetation must be removed due to construction, the Engineer
will mark which tree, shrub or other vegetation shall be removed.
Equipment shall be kept in good working condition. Any equipment found to be leaking fluids shall be
immediately repaired or removed from the project upon direction of the Engineer.
If the Contractor disturbs, chips, cracks, scares, and marks or causes damages to any public or private
property with the prosecution of the work unnecessarily or otherwise negligent, the repair of damage
incurred shall be the responsibly of the Contractor at the Contractors expense.
SP-9 AIR, LAND AND WATER POLLUTION PREVENTION
Air, land and water pollution prevention shall be in accordance with the provisions of 1717, as modified
as follows:
A. Conduct all operations to prevent, control and abate the pollution of air, land and water in
accordance with the rules, regulations and standards adopted and established by the following
agencies:
1. Minnesota Pollution Control Agency
2. Minnesota Department of Natural Resources
3. U.S. Army Corps of Engineers
B. Review all local conditions and regulations pertaining to air and land pollution prior to
commencing operations.
All activities required by or relating to this section will be considered incidental and no direct payment
will be made.
6.5
City of Crystal
SP-10 EROSION CONTROL
Erosion control shall be performed in accordance with the provisions of 1803.5 except as modified below:
A. All expenses shall be borne by the Contractor with no direct compensation.
B. Failure to comply with established erosion control measures will result in withholding of progress
payments by the City.
C. Street Cleaning: Soil tracked or dropped onto existing area or surrounding paved areas shall be
swept daily with a pick-up sweeper. Street sweeping is considered incidental with no direct
payment made by the City.
SP-14 COOPERATION WITH CRYSTAL PUBLIC WORKS
The City Public Works Department may be assisting on various projects. The Contractor will work with
the City staff.
SP-15 CONTRACT ITEMS
General lawn mowing services
Operation
The contractor shall provide all equipment, transportation of equipment, fuel, and other supplies needed
to mow grass and/or other vegetative ground cover to a height no less than 2.5 inches as well as trim
around features. When assigned an area to mow, the entire area must be mowed and trimming occur as
appropriate. The City will direct the Contractor on areas to mow and provide maps or other references as
appropriate. All clippings must either remain on the area mowed or be collected and disposed of in a
legal, commercial manner.
Basis of Payment
“General lawn mowing services” per hour shall include all work, transportation, and supplies associated
with mowing grass and/or other vegetative ground cover to a height no less than 2.5 inches. Trimming
around features as appropriate is also to be included. All clippings must either remain on the area mowed
or be collected and disposed of in a legal, commercial manner.
Litter collection and disposal
Operation
The contractor shall provide all equipment, transportation of equipment, trash bags, and other supplies
needed to collect litter in the assigned area. The City will direct the Contractor on areas to collect litter
and provide maps or other references as appropriate.
6.5
City of Crystal
Basis of Payment
“Litter collection and disposal” per hour shall include all work, transportation, and supplies associated
with collecting and disposing of the trash in a legal, commercial manner. Time shall start when the
contractor begins the collection process and time shall end when the contractor completes the work and
departs the site.
City EDA lot mowing
Operation
The contractor shall provide all equipment, transportation of equipment, fuel, and other supplies needed
to mow grass and/or other vegetative ground cover to a height no less than 2.5 inches. The Contractor
may not cut the grass unless a majority of the grass on the property is over 4.5 inches in length. The
Contractor shall not allow the grass on the property to exceed 8 inches in length. Trimming around
features must also be completed as appropriate. The City will direct the Contractor on areas to mow and
provide maps or other references as appropriate. All clippings must either remain on the area mowed or
be collected and disposed of in a legal, commercial manner.
Basis of Payment
“City EDA lot mowing” per hour shall include all work, transportation, and supplies associated with
mowing grass and/or other vegetative ground cover to a height no less than 2.5 inches. Trimming as
appropriate around features is also included under this time. All clippings must either remain on the area
mowed or be collected and disposed of in a legal, commercial manner.
Long grass violation lot mowing
Operation
The contractor shall provide all equipment, transportation of equipment, fuel, and other supplies needed
to mow grass and/or other vegetative ground cover in violation to a height no less than 2.5 inches.
Trimming around features must also be completed as appropriate.
Prior to mowing the Contractor must spot measure at two locations on the property to confirm the grass or
other vegetative ground cover is over the City limit of 8 inches. Photos must be taken of the spot
measurements with a ruler visible. The Contractor must also take before and after pictures of the front and
back yard of the property. The photo of the front of the property must include the front of the home with
the address visible. The photo from the back must have the rear of the building visible.
All clippings must either remain on the area mowed or be collected and disposed of in a legal,
commercial manner.
At the end of each working day the Contractor must provide the City with the address of each work
location completed, billable time at the property, before and after pictures.
6.5
City of Crystal
Basis of Payment
“Long grass violation lot mowing” per hour shall include all work, transportation, and supplies associated
with mowing grass and/or other vegetative ground cover to a height no less than 2.5 inches. The rate shall
be actual time on site and may be in partial hour increments, down to quarter hour. Trimming around
features must also be completed as appropriate and are included in this price. All clippings must either
remain on the area mowed or be collected and disposed of in a legal, commercial manner.
Failure to provide the photos as required above will result in that mowing not being considered to
have fulfilled contract requirements.
Highway 81 Corridor
Operation
The contractor shall provide all equipment, transportation of equipment, fuel, and other supplies needed
to mow grass and/or other vegetative ground cover to a height no less than 2.5 inches as well as trim
around trees and other features. The Contractor may not cut the grass unless a majority of the grass on the
median is over 4.5 inches in length. The Contractor shall not allow the grass on the median to exceed 8
inches in length. Included in this contract are the maps of the Highway 81 corridor areas to be mowed. All
clippings must either remain on the area mowed or be collected and disposed of in a legal, commercial
manner.
Basis of Payment
“Highway 81 Median Mowing and trimming” per each shall include all work, transportation, and supplies
associated with mowing grass and/or other vegetative ground cover to a height no less than 2.5 inches.
Trimming around vegetation and other features is also included in this unit price. All clippings must
either remain on the area mowed or be collected and disposed of in a legal, commercial manner.
Bass Lake Road Corridor
Operation
The contractor shall provide all equipment, transportation of equipment, fuel, and other supplies needed
to mow grass and/or other vegetative ground cover to a height no less than 2.5 inches as well as trim
around trees and other features. The Contractor may not cut the grass unless a majority of the grass on the
median is over 4.5 inches in length. The Contractor shall not allow the grass on the median to exceed 8
inches in length. Included in this contract are the maps of the Bass Lake Road corridor areas to be
mowed. All clippings must either remain on the area mowed or be collected and disposed of in a legal,
commercial manner.
Basis of Payment
“Bass Lake Road corridor” per each shall include all work, transportation, and supplies associated with
mowing grass and/or other vegetative ground cover to a height no less than 2.5 inches. Trimming around
vegetation and other features is also included in this unit price. All clippings must either remain on the
area mowed or be collected and disposed of in a legal, commercial manner.
6.5
City of Crystal
Weeding
Operation
The contractor shall provide all manual labor and transportation of equipment, and other basic tools
needed to weed in the assigned area. The City will direct the Contractor on areas to weed and provide
maps or other references as appropriate.
Basis of Payment
“Weeding” per hour shall include all manual labor and transportation of equipment, and other basic tools
associated with weeding. Time shall start when the contractor begins to weed and time shall end when the
contractor completes the work with the work area clean and departs.
Spreading mulch
Operation
The contractor shall provide all manual labor and transportation of equipment, and other basic tools
needed to spread mulch in the assigned area. The City will direct the Contractor on areas to spread mulch
and provide maps or other references as appropriate. The City will provide the mulch delivered to the site
at the City’s cost.
Basis of Payment
“Spreading mulch” per hour shall include all manual labor and transportation of equipment, and other
basic tools associated with spreading mulch. Time shall start when the contractor begins to spread the
mulch and time shall end when the contractor completes the work with the work area clean and departs.
Non-mow mobilization
Operation
If the contractor arrives at a City-provided list long grass violation property to be mowed and finds that
the property is in compliance with City Code provisions and no Contractor work is done, then the non-
mow mobilization unit cost may be charged for that property. The Contractor must spot measure at two
locations on the property to confirm the grass or other vegetative ground cover is under the City limit of 8
inches. Photos must be taken of the spot measurements with a ruler visible. A photo of the front of the
property must also be taken and include the front of the home with the address visible. The property
photos shall be provided to the City within a week of taken.
Basis of Payment
“Non-mow mobilization” per each shall include the contractor arriving at the pre-identified property,
taking two spot measurements, and the required photos as noted.
Failure to provide the photos as required above will result in that non-mow mobilization not being
considered to have fulfilled contract requirements.
6.5
City of Crystal
Spring cut back of ornamental grasses
Operation
The contractor shall provide all manual labor and transportation of equipment, and other basic tools
needed to cut the ornamental grasses to within 6 inches of the ground in the assigned area. Cut vegetative
debris shall be removed from the site and disposed of properly.
Basis of Payment
“Spring cut back of ornamental grasses” per hour shall include the contractor arriving at the pre-identified
location, conducting the assigned work, and cleaning up as appropriate.
Re-planting of perennials
Operation
The contractor shall provide all manual labor and transportation of equipment, and other basic tools
needed to replant perennials in the assigned area. The City will direct the Contractor on areas to plant the
perennials and provide maps or other references as appropriate. The City will provide the perennials
delivered to the site at the City’s cost.
Basis of Payment
“Re-planting of perennials” per hour shall include the contractor arriving at the pre-identified location,
conducting the assigned work, and cleaning up as appropriate.
6.5
Corvallis
W ils hi re Hwy 81 Bridge Over BNSF 6.5
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6.5
Bass Lake RoadE lm h u rstBecker ParkHwy 81Bass Lake RoadBass Lake RoadHwy 81Hwy 81H w y 816.5
Item ','o, Descrip tion
I General lawn mowing
ser.1ces
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The undcr:,igned agree" to complete as Follows:
I. Ready for final payment ::-Jovember 30 of the respective calendar year the v.:ork
l)A-rED THIS l_J::_ DAY OF ~/2.,_l~m~l•YM........_.\>'tc.,_r-----' 2 021
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Cl!} of Crystal
6.5
RESOLUTION NO. 2021- _____
AWARDING THE CONTRACT FOR LAWN MOWING SERVICES
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 does not have the equipment or personnel to provide all the needed lawn
mowing services in-house; and
WHEREAS, the City has consistently used a contractor to provide such services; and
WHEREAS, a quote was received for the lawn mowing services contract;
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the
contract with Whippersnapper Lawn Service Minnesota, LLC for lawn mowing services through
December 31, 2022.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are authorized to sign said
contract.
Adopted by the Crystal City Council this 7th day of December 2021.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
6.5
Memorandum
DATE: December 7, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Bill Bowman, Streets Superintendent
SUBJECT: Purchase of replacement sidewalk machine
Background
The 2022 Fleet Services fund allocated $160,000 for the replacement of the 2015 sidewalk machine (#303).
This replacement timeline was based on the 2021 vehicle condition index (VCI) rating of a 26. Twenty-three
(23)is the minimum score for replacement consideration. The quote also includes a multi-position V plow and
snow blower.
The quoted price is $12,500 more than the budget however, there are adequate funds in the Fleet Services
account to cover the difference.
Staff are proposing to hold off on selling the existing sidewalk machine at auction and try to deploy three
sidewalk machines a day or two after snow events to speed up the clearing of the sidewalks. During the initial
cleanup there will still only be two sidewalk machines out as we do not have the staffing to deploy three.
Typically, the County goes back and re-plows the roads and fills in all the sidewalks that have been cleared. By
having three machines available, one could be re-clearing the County sidewalks while the other two work on
finishing the initial clearing of sidewalks.
Quote
•MT Trackless7 from MacQueen Equipment $172,500 (State Contract #184608, T-652(5) )
Attachment
•Quote from MacQueen Equipment
Recommended Action
Motion to approve the resolution authorizing the purchase of the replacement sidewalk machine
6.6
Crystal Trackless MT7 11.10.21 01 - ST PAUL MN
11/11/2021 9:28:40 (O) 1
00
CRYST001 7635311111 Q02348
CITY OF CRYSTAL PURCHASE ORDER
Attn: Accounts Payable
4141 Douglas Dr N
Crystal MN 55422-1696
AARON WINDSETH 171
Description ** Q U O T E ** EXPIRY DATE: 01/31/2022 Amount
NEW 2022 TRACKLESS MT7 PER MINNESOTA "TRACTOR, MUNICIPAL 172500.00
UTILITY" STATE CONTRACT # 184608 RELEASE # T-652(5) TO
INCLUDE ALL STANDARD FEATURES AND THE FOLLOWING ADDITIONAL
OPTIONS:
*
4.0 BASE PRICE__________________________________$134,750.00
4.1.9 RIDE CONTROL______________________________$2,602.00
4.1.17 BREAK IN FILTER KIT______________________$438.00
4.2.9 TRACKLESS 5 POSITION FOLDING PLOW_________$7,079.00
4.3.12 SNO-QUIP 51" RIBBON SNOWBLOWER PTO
DRIVEN__________________________________________$27,250.00
4.15 DELIVERY $5.50 PER LOADED MILE
(22 MILES ST. PAUL TO CRYSTAL)__________________$121.00
*
NON-CONTRACT ITEMS:
OPC125 SWITCH TO OPERATE BACK-UP CAMERA WHILE
MOVING FORWARD__________________________________$260.00
*
TRAINING INCLUDED BY MACQUEEN EQUIPMENT
Subtotal: 172500.00
Authorization: _________________________Quote Total: 172500.00
6.6
RESOLUTION NO. 2021- _____
APPROVING THE PURCHASE OF A
REPLACEMENT SIDEWALK MACHINE
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 existing sidewalk machine is used for sidewalk cleaning and snow removal; and
WHEREAS, the existing sidewalk machine scored high on the vehicle condition index and is due
for replacement; and
WHEREAS, funds are allocated in the 2022 Fleet Maintenance Fund for this replacement
purchase;
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the
purchase of a replacement truck equipment from Macqueen Equipment for $172,500.
Adopted by the Crystal City Council this 7th day of December 2021.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
6.6
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