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2022.02.15 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 11, 2022 City Council Meeting Schedule Tuesday, Feb. 15, 2022 Time Meeting Location 6:30 p.m. City Council work session to discuss: 1. Interview commission applicant. 2. West Metro Fire-Rescue District quarterly update. 3. Constituent issues update. 4. City manager check-in. 5. Update on 5240 West Broadway residential development project (Sand Companies). 6. Update on labor relations. 7. New business. 8. Announcements. 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 attend the meetings via Zoom by connecting to them through one of the methods identified below. Topic: Crystal City Council work session, City Council meeting, continuation of City Council work session, if necessary. Time: Feb. 15, 2022, 6:30 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84736543285?pwd=OE92anVDSWJaZ0hCVVFEc2J6WVp3Zz09 Meeting ID: 847 3654 3285 Passcode: 414141 One tap mobile +19292056099,,84736543285#,,,,*414141# US (New York) +13017158592,,84736543285#,,,,*414141# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Find your local number: https://us02web.zoom.us/u/kclmNVCWND Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 11, 2022 City Council Work Session Agenda Tuesday, Feb. 15, 2022 at 6:30 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, Feb. 15, 2022 at _____ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. If the agenda items are not completed in time for the regular City Council meeting at 7 p.m., the work session will be continued and resumed immediately following the regular City Council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, Feb. 15, 2022. I. Attendance Council members Staff ____ Cummings ____ Norris ____ Kiser ____ Therres ____ LaRoche ____ Gilchrist ____ Parsons ____ Larson ____ Adams ____ Hansen ____ Banks ____ Revering ____ Budziszewski ____ Sutter ____ Yang II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Interview commission applicant. 2. West Metro Fire-Rescue District quarterly update. 3. Constituent issues update. 4. City manager check-in. 5. Update on 5240 West Broadway residential development project (Sand Companies). 6. Update on labor relations (this portion of the work session may be closed pursuant to Minnesota Statutes, section 13D.03 for the purpose of discussing labor negotiations strategy). 7. New business. * 8. 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. 1 West Metro Fire-Rescue District February 9, 2022 Chief’s Report Calls for Service Report January 1 – November 30, 2021 Total Calls for Service 2124 Estimated fire loss $1,703,242 Crystal 890 New Hope 1,169 Mutual Aid 65 January 1 – December 31, 2020 Total Calls for Service 1828 Estimated fire loss $1,313,433 Crystal 781 New Hope 983 Mutual Aid 64 Not responded to per COVID-19 Protocols 178 January 1 – December 31, 2019 Total Calls for Service 2018 Estimated fire loss $2,276,913 2 Crystal 840 New Hope 1097 Mutual Aid 81 January 1 – December 31, 2018 Total Calls for Service 1856 Estimated fire loss $632,167 Crystal 820 New Hope 973 Mutual Aid 57 January 1 – December 31, 2017 Total Calls for Service 1922 Estimated fire loss $588,517 January 1 – December 31, 2016 Total Calls for Service 1573 Estimated fire loss $1,637,094 January 1 – December 31, 2015 Total Calls for Service 1514 Estimated fire loss $657,914 January 1 – December 31, 2014 Total Calls for Service 1663 Estimated fire loss $1,861,162 January 1 – December 31, 2013 Total Calls for Service 1448 Estimated fire loss $357,182 January 1 – December 31, 2012 Total Calls for Service 1349 Estimated fire loss $169,900 January 1 – December 31, 2011 Total Calls for Service 1638 Estimated fire loss $318,749 Police Command Staff Police and fire command staff will be meeting on a quarterly basis beginning in 2022. We had our first meeting with Crystal PD on January 25 and our first meeting with New Hope PD will be on March 1. Topics of conversation include policy and procedures, areas of improvement, and what we should be on the lookout for. SAFER Grant We have submitted our SAFER grant. The application period closed on February 4, 2022. Retirement / Resignation Captain Jeff Hortenbach resigned on December 31st after serving the District for nearly 12 years. Firefighter Matt Preston resigned in November after over 13 years with WMFRD. Both of these former WM firefighters currently serve as firefighters in other cities. Recruiting One new apprentice started on November 1st and 13 new recruits started on December 1st, they have been diligently training and preparing for the upcoming West Suburban Fire Academy. Our new members are: Station 1 Andrew Aakre Bryan Hamilton Ian Watson Station 2 Lanoira Duhart Joe Dvorak Madison Morrow Dean Snyder *Spencer Specht **Steph Thielbar Tony Thissen 3 Station 3 Olivia Brown Stephanie Erven Joe Konradt Ben Opem *Spencer Specht went through our academy as a recruit with Golden Valley Fire last year so he was hired as an apprentice firefighter with us starting November 1st. **Steph Thielbar ran into some schedule conflicts with her job/life and took a leave of absence at the end of December. The 2021 recruit class completed all seven pre-academy training sessions and the initial mentor program. The pre- academy training and initial mentor program are designed to prepare the recruits for success at the Fire Academy and orient the recruits to the District in a step by step process. Be a Santa to a Senior We had another very successful event collecting gifts for the residents of the Crystal Care Center, Good Samaritan, North Ridge and St. Therese. Several volunteers (firefighters and family members) came in and made the deliveries to these facilities on Monday, December 20th. Ballistic Vests The order has been placed. We should receive the vests around the beginning of April. Door Control and Cameras Cloud Computing Solutions will be onsite in Quarter one of 2022 to begin installing required cabling and hardware for security cameras at all three stations. This project should be complete with installation, configuration and training by the end of quarter two. New Engines The new engines are currently in the engineering phase of construction. A preconstruction approval meeting with Pierce Manufacturing is expected to be held in March of 2022. The tentative delivery date of the first truck is December 2022 with the others to follow in 2023. Sale of One of the Existing Engines Currently one of the E-One engines is listed with Brindlee Mountain Fire apparatus on consignment for $225,000. A request for bids was posted in the local paper and the interested parties must submit their bids with a deadline of February 8, 2022. The bid opening will be on February 9, 2022 here at station three. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – FEBRUARY 2022 Objective 1 – Strategic planning for continued implementation of Council priorities: o Thriving Business Community ▪ Open To Business assistance available ▪ Community Development staff a resource for local business community ▪ Several businesses opening or expanding (Bella’s, Crystal Vision) o Strong Neighborhoods ▪ Code enforcement – on-going ▪ Continued implementation of Master Parks System Plan improvements – grants for pickleball courts at Becker Park and soccer field at FAIR, dog park relocation and improvements at Bassett Creek Park, bridge replacement at Bassett Creek Park ▪ Home improvement loans/rebates available through CEE- on- going o Sound fiscal policies and practices ▪ Long term financial planning on-going ▪ ARPA final guidance received; analyzing how best to utilize funds o Welcoming and inclusive community ▪ Council reviewing policy recommendations from community conversations; staff working on operational recommendations Objective 2 – Work-life balance o Connecting with neighboring city managers o Participate in metro and state professional organization to stay current with trends o Continue participation in peer group to hone professional skills Objective 3 – Monitor communications regarding Council effectiveness – difficult conversations o Council discussed inclusion/equity recommendations on 1/13/22 and will revisit at 2/10/22 work session Page 1 of 4 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: February 10, 2022 TO: Anne Norris, City Manager (for February 15 work session) SUBJECT: Updated concept plan for 58-unit apartment building at 5240 West Broadway (Sand Companies) Sand Companies is proposing to build an apartment building at 5240 West Broadway. The site is currently vacant and comprised of four lots with a combined area of 1.75 acres. COUNCIL STAFF REPORT 5240 West Broadway Sand Companies - Proposed Apartment Building Page 2 of 4 Proposed site plan: • 118 parking spaces (>2 per unit), with 54 in the basement garage and 64 in the surface lot. • Play area at rear of property. • Stormwater facilities to be determined. • Change since June 2021: Plan has been reversed so the building is along the northwest side lot line and the driveway is southeast of the building. This was done to eliminate the conflict with the median on West Broadway (would have been limited to right in / right out). • Item to be resolved: Because the existing curb cuts would be removed along West Broadway, most if not all of the curb & gutter and sidewalk would ideally be replaced. Staff sees this as an opportunity to add a 6-7 stall parallel parking bay to make the building entrance on West Broadway more useful. We are working with Hennepin County to seek their approval for this deviation from their standard policy opposing parking bays on county roads. It is unknown at this time whether a parking bay will be included in this project. Page 3 of 4 Proposed building: • 58 units on four floors above a basement parking garage. • 20,496 sq. ft. footprint (81,984 sq. ft. total floor area, not including garage) • 1.075 floor area ratio (floor area divided by site area) • Household type: 46 units would be general occupancy/workforce housing 12 units would be supportive housing. 7 of the supportive units would serve homeless single adults and 5 would serve people with disabilities. • Household income: 43 units would be affordable for households at 30-60% of area median income. 15 units will be affordable at or below 30% of area median income. • Unit sizes: 13 one bedroom (22%) 25 two bedroom (43%) 15 three bedroom (26%) 5 four bedroom (9%) • Change since June 2021: No balconies. Previously, balconies were proposed for all units except those facing West Broadway. Developer has removed balconies from the plan due to energy code compliance issues due to building structure (balcony floors) extending outside of the building envelope. Developer says the only alternative would be to build balconies as vertical, freestanding structures alongside and directly abutting the building. Building front along West Broadway: Page 4 of 4 First floor plan: Purpose of February 15 work session:  Developer to present their updated concept plan.  City Council to ask questions and provide feedback to the developer and city staff. Next steps:  The developer expects to submit detailed site and building plans as part of a rezoning application in mid-March or April, for, respectively, Planning Commission public hearing and recommendation in April or May, and City Council action (2nd reading of the rezoning) in May or June. The developer may choose to hold a community meeting before they submit their detailed site and building plans.  On the financing side, the project has been approved for low income housing tax credits and other agency funding. As anticipated, the developer intends to seek city assistance in the form of a housing tax increment financing district. The TIF application submittal, review and EDA/Council action timeline would be roughly concurrent with the rezoning process.  If the project is approved, the developer intends to go to bid in July 2022 and start construction by fall 2022, with the building ready for occupancy in mid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A P P L I C A L B E C O D E S A N D ENGIENE R I N G R E Q U I R E M E N T S M I G H T R E Q U I R E THESE TO B E M O D I F I E D I N V A R I O U S W A Y S CURRENT AS OF 02-08-2022 CONCEP T U A LEPTUA DESIGN THESE D R A W I N G S R E P R E S E N T D E S I G N INTENT A N D C O N C E P T O N L Y . A P P L I C A B L E CODES A N D E N G I N E E R I N G R E Q U I R E M E N T S S MIGHT RE Q U I R E T H E S E T O B E M O D I F I E D I N N VARIOUS W A Y S Memorandum DATE: February 8, 2022 TO: Mayor and Council FROM: Anne Norris, City Manager Kimberly Therres, Assistant City Manager/Human Resources Manager SUBJECT: Labor Relations Update and Negotiations Discussion The city has three bargaining units: International Union of Operating Engineers, Local 49 (public works). Law Enforcement Labor Services, Local 44 (patrol officers). Law Enforcement Labor Services, Local 56 (police supervisors) The Council may recall we went to arbitration with Local 44 for the final 2021 – 2022 contract, including wage adjustments. We are currently in negotiations with Local 49 for the 2022 contract. We are going to arbitration with Local 56 for the terms of the 2021 - 2022 contract. Staff would like to meet in a closed session with the city council to provide an update on these negotiations and discuss strategy. Labor Relations Attorney Susan Hansen, Assistant City Manager Kim Therres and I will be at the work session to answer questions. In accordance with Minnesota Statutes, section 13D.03, this portion of the work session will be closed to consider strategy for labor negotiations. Prior to closing the work session, the Mayor should announce the time, place and purpose of the closed portion during the open public portion of the work session. The closed session will be recorded. Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 11, 2022 City Council Meeting Agenda Tuesday, Feb. 15, 2022 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. Proclamation 3.1 Mayor Adams will proclaim February 2022 as Black History month in the City of Crystal. 4. Appearances 4.1 Robbinsdale Area Schools Superintendent David Engstrom will introduce himself and provide a brief District update.* 4.2 Police Chief Stephanie Revering will introduce Officer Tyler Anthony to the City Council.* 4.3 Police Chief Stephanie Revering will recognize President Brooke Raeker for her years of volunteer service on the Crime Prevention Board.* 5. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the minutes from the following meetings: a. The City Council work session on Jan. 13, 2022. b. The City Council work session on Jan. 18, 2022. c. The City Council meeting on Jan. 18, 2022. d. The City Council work session on Jan. 19, 2022. 5.2 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. 5.3 Approval of a resolution accepting donations. 5.4 Approval of the appointment of Nathan Carlson to the Environmental Quality Commission to a term to expire Dec. 31, 2024. 5.5 Approval of a resolution adopting the 2022 City Council Rules (continued from the Jan. 18, 2022 meeting). Page 2 of 3 6. 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). 7. Regular Agenda 7.1 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. 7.2 The Council will consider a noncommercial multiple animal kennel license for Jessica Barnhart at 4848 Florida Ave. N. Animal Control Officer Tom Mahan inspected the property and recommends approval of the noncommercial multiple animal kennel license for four chihuahuas. Before acting on the license, the Council should take any comments from neighbors in attendance. 7.3 The Council will consider a resolution approving the replacement of an air conditioning condensing unit at the Crystal Community Center. The building capital fund includes funds for replacement of an air conditioning unit at the Community Center. Recommend approval of this equipment replacement. 7.4 The Council will consider a resolution approving the replacement of the sanitary sewer lift station generator. The sanitary sewer capital fund includes funds for replacing the generator at the south lift station. Recommend approval of this equipment replacement. 7.5 The Council will consider a resolution approving the replacement of two pumps at the west lift station. The sanitary sewer operating budget includes funds for maintaining or replacing lift station pumps. Recommend approval of this expenditure. 7.6 The Council will consider a resolution authorizing the contract for storm sewer system repairs. As part of this year’s mill and overlay (street maintenance) project, some storm sewer pipes in the project need repair. Recommend approval of the resolution authorizing this repair work. Page 3 of 3 8. Announcements a. City offices are closed on Monday, Feb. 21, in observance of the Presidents’ Day holiday. b. The next City Council meeting is Tuesday, March 1 at 7 p.m. in the Council Chambers at City Hall and via Zoom. c. 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. 9. Adjournment Have a great weekend; see you at Tuesday’s meeting. * Denotes no supporting information included in the packet. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov PROCLAMATION BLACK HISTORY MONTH FEBRUARY 2022 WHEREAS, the city of Crystal is committed to recognizing and honoring all members of our community and one of the City Council’s priorities is that Crystal be a city in which all feel welcomed; and WHEREAS, across the United States, this February millions of Americans are joining together to celebrate the accomplishments and lasting impacts of our country’s Black leaders, citizens and people; and WHEREAS, in this month-long, national celebration, we applaud the contributions of the Black community to build lasting change for generations to come; and WHEREAS, in 2022 the theme for Black History Month centers on “Black Health and Wellness” considering activities, rituals and initiatives that Black communities have done to be well; and WHEREAS, the Crystal City Council invites all members of the community to commit to understanding, justice, freedom and equality for all. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim February 2022, as BLACK HISTORY MONTH in the City of Crystal. Dated this 15th day of February, 2022. ________________________________ Jim Adams, Mayor 3.1 Crystal City Council work session minutes Jan. 13, 2022 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on Jan. 13, 2022 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota, and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for city council members and staff: Council members present: Banks, Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. City staff present: City Manager A. Norris and Community Development Director J. Sutter. II.Agenda The Council and staff discussed the following agenda items: 1.Potential city comments on the Blue Line Extension Route Modification Report. 2.City manager 2022 work plan and Council goals. 3.Follow up – environmental initiative. 4.Continue discussion of work plan regarding inclusion. III.Adjournment The work session adjourned at 8:27 p.m. Jim Adams, Mayor ATTEST: Anne Norris, City Manager 5.1(a) Crystal City Council work session minutes Jan. 18, 2022 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:34 p.m. on Jan. 18, 2022 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota, and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Cummings, Kiser, LaRoche, and Adams. Council members absent: Budziszewski, Parsons, and Banks. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Police Chief S. Revering, City Clerk C. Serres, and Deputy City Clerk C. Yang. Assistant City Manager/HR Manager K. Therres and Community Development Director J. Sutter were present via Zoom. Also present via Zoom was commission applicant Nathan Carlson. II.Agenda The Council and staff discussed the following agenda items: 1.Commission applicant interview. 2.Review Council rules. 3.Constituent issues update. 4.New business. 5.Announcements. III.Adjournment The work session adjourned at 6:51 p.m. Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 5.1(b) Crystal City Council meeting minutes Jan. 18, 2022 Page 1 of 5 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Jan. 18, 2022 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota, and via Zoom. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Cummings, Kiser, LaRoche, and Adams. Council members absent: Budziszewski, Parsons, and Banks. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Public Works Director M. Ray, Police Chief S. Revering, Community Development Director J. Sutter, City Clerk C. Serres, and Deputy City Clerk Chee Yang. 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 Cummings to approve the agenda. Motion carried. Council Member LaRoche requested to remove items 4.3 and 4.7 from the consent agenda and move them to the regular agenda. 3.Appearances 3.1 The introduction of Officer Tyler Anthony by Police Chief Stephanie Revering was postponed to a future meeting. 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 Jan. 4, 2022. b. The City Council meeting on Jan. 4, 2022. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 As noted above, this item was removed from the consent agenda and moved to the regular agenda. 4.4 Approval of a resolution appointing a Council representative to the West Metro Fire-Rescue District Board. 5.1(c) Crystal City Council meeting minutes Jan. 18, 2022 Page 2 of 5 4.5 Approval of a resolution appointing an alternate member to the Bassett Creek Watershed Management Organization. 4.6 Approval of the Pay Equity Report dated Dec. 31, 2021. 4.7 As noted above, this item was removed from the consent agenda and moved to the regular agenda. Moved by Council Member LaRoche and seconded by Council Member Cummings to approve the consent agenda with the removal of items 4.3 and 4.7 to the regular agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Moved by Council Member Kiser and seconded by Council Member Cummings to approve the list of disbursements over $25,000. Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried. 6.2 The Council considered the following two resolutions regarding the 2022 Bituminous Street Resurfacing (mill and overlay) project. Public Works Director Mark Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 06 APPROVING PLANS AND SPECIFICATIONS 2022 BITUMINOUS STREET RESURFACING PROJECT Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted. Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 07 ORDERING ADVERTISEMENT FOR BIDS 2022 BITUMINOUS STREET RESURFACING PROJECT Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted. 5.1(c) Crystal City Council meeting minutes Jan. 18, 2022 Page 3 of 5 6.3 The Council considered the following two resolutions regarding the 2022 Utility Reconstruction project. Public Works Director Mark Ray addressed the Council. Moved by Council Member Kiser and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2022 – 08 APPROVING PLANS AND SPECIFICATIONS FOR THE 2022 UTILITY RECONSTRUCTION PROJECT Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted. Moved by Council Member Kiser and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2022 – 09 ORDERING ADVERTISEMENT FOR BIDS FOR THE 2022 UTILITY RECONTRUCTION PROJECT Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted. 6.4 The Council considered a resolution authorizing the purchase of a replacement sewer jetter truck. Public Works Director Mark Ray addressed the Council. Moved by Council Member Cummings and seconded by Council Member Kiser to adopt the following resolution: RESOLUTION NO. 2022 – 10 APPROVING THE PURCHASE OF A REPLACEMENT SEWER JETTER Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted. 6.5 The Council considered a resolution awarding the contract for forestry services. Public Works Director Mark Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the following resolution: 5.1(c) Crystal City Council meeting minutes Jan. 18, 2022 Page 4 of 5 RESOLUTION NO. 2022 – 11 AWARDING THE CONTRACT FOR FORESTRY SERVICES Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted. 6.6 The Council considered a resolution with comments on the Blue Line Extension Route Modification Report. Community Development Director John Sutter addressed the Council. Moved by Council Member LaRoche and seconded by Mayor Adams to adopt the following resolution: RESOLUTION NO. 2022 – 12 COMMENTS ON THE DRAFT ROUTE MODIFICATION REPORT FOR THE METRO BLUE LINE EXTENSION Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted Consent agenda item 4.3 The Council considered a resolution accepting donations. Moved by Council Member LaRoche and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 02 RESOLUTION ACCEPTING DONATIONS Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried, resolution declared adopted 7. Announcements The Council made announcements about upcoming events. Consent agenda item 4.7 The Council considered a resolution adopting the 2022 Crystal City Council Rules of Procedure. City Attorney T. Gilchrist addressed the Council. Due to lack of the required number of council members needing to be present to vote on the above item, Mayor Adams moved to continue the item to the Feb. 15, 2022 regular City Council meeting. The motion was seconded by Council Member LaRoche. 5.1(c) Crystal City Council meeting minutes Jan. 18, 2022 Page 5 of 5 Voting aye: Cummings, Kiser, LaRoche, and Adams. Absent, not voting: Budziszewski, Parsons, and Banks. Motion carried. 8. Adjournment Moved by Council Member LaRoche and seconded by Council Member Kiser to adjourn the meeting. Motion carried. The meeting adjourned at 7:27 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Chrissy Serres, City Clerk 5.1(c) Crystal City Council and Parks and Recreation Commission joint work session minutes Jan. 19, 2022 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the joint work session of the Crystal City Council and Parks and Recreation Commission was held at 6:32 p.m. on Jan. 19, 2022 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota, and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for city council members and staff: Council members present: Budziszewski, Cummings, Kiser, LaRoche, Parsons, and Adams. Council Member Banks was absent. City staff present: City Manager A. Norris, Recreation Director J. Elholm, and Finance Director J. McGann. Also present were Parks and Recreation commissioners: McCaffrey, Anderson, Cooper, Eidbo, Haney, and Sumnicht. II.Agenda The Council and staff discussed and reviewed future capital projects related to the Crystal Cove Aquatic Center. III.Adjournment The work session adjourned at 7:16 p.m. Jim Adams, Mayor ATTEST: Anne Norris, City Manager 5.1(d) City of Crystal Council Meeting Feb. 15, 2022 Applications for City License Fireworks Target Corp #3, 5537 West Broadway, Crystal, MN 55428 Tree Trimmer Jeff Hoheisel Professional Tree Services, 34214 Hwy. 27, Hillman, MN 56338 Minnesota Tree Experts, 7527 Oliver Ave. N., Brooklyn Park, MN 55444 Rental – New 4400 Xenia Ave. N. – CM Properties of MN LLC (Conditional) 5748 Regent Ave. N. – Michael Simpeh (Conditional) 5518 Toledo Ave. N. – Ben Hartzell Rental – Renewal 4353 Adair Ave. N. – James Richards (Conditional) 5717 Adair Ave. N. – 3 Rivers Saint Paul LLC (Conditional) 5720 Adair Ave. N. – Invitation Homes (Conditional) 3505 Brunswick Ave. N. – Donald Weld 2743 Douglas Dr. N. – Reese Pfeiffer 5146 Edgewood Ave. N. – Michael Joy (Conditional) 5644 Elmhurst Ave. N. – Eugene Posthumus 5237 Florida Ave. N. – Uppal Group LLC (Conditional) 4237 Georgia Ave. N. – Abdul Kunert 4749 Georgia Ave. N. – Tammy Duggan (Conditional) 2912 Hampshire Ave. N. – FYR SFR Borrower LLC (Conditional) 4319 Hampshire Ave. N. – Maria Thomas (Conditional) 3948 Idaho Ave. N. – Invitation Homes (Conditional) 4807 Idaho Ave. N. – Melody Holt 5924 Idaho Ave. N. – Andrew Fischer (Conditional) 2736 Jersey Ave. N. – Dennis Arel (Conditional) 5943 Jersey Ave. N. – James Waters (Conditional) 6034 Jersey Ave. N. – James Waters (Conditional) 6910 Jersey Cir. N. – Justin Peterson 6300 Lombardy Ln. – Duane Baltus 2712 Louisiana Ave. N. – Hennepin RP Funding LLC (Conditional) 3532 Major Ave. N. – Lance Rosenberg (Conditional) 3400 Noble Ave. N. – Jerry Ellefson 5710 Orchard Ave. N. – Todd Havisto (Conditional) 5816 Orchard Ave. N. – Invitation Homes (Conditional) 5856 Orchard Ave. N. – HPA JV Borrower 2019-1 ML LLC (Conditional) 3432 Regent Ave. N. – Bin Wang 3540 Regent Ave. N. – Larry Brockel (Conditional) 5731 Regent Ave. N. – Thomas Ruen (Conditional) 5.2 5973 Rhode Island Ave. N. – David Barrett (Conditional) 5718 Sumter Ave. N. – Lance Rosenberg (Conditional) 3347 Utah Ave. N. – Invitation Homes (Conditional) 4825 Vera Cruz Ave. N. – MarrDon Investments 5519 Vera Cruz Ave. N. – Anthony Otto 3216 Welcome Ave. N. – Chris Nelson (Conditional) 4719 Welcome Ave. N. – Julie Zhu (Conditional) 4733 Welcome Ave. N. – Milkeesso Foge (Conditional) 5230 Welcome Ave. N. – Allan Hughes (Conditional) 3149 Yukon Ave. N. – Home Share c/o Accord 3319 Zane Ave. N. – Zeeba Investments LLC (Conditional) 3832 Zane Ave. N. – Ryan McArton 6205 32nd Ave. N. – Suwah Tobah (Conditional) 5808-5812 36th Ave. N. – Haru Management 7009 36th Ave. N. – Kathryn Hammerseng 6716 43rd Ave. N. – Bobbie Morlock 6512 46th Ave. N. – 6512 LLC 5332 49th Ave. N. – Vijay Venkataraman 5333 49th Ave. N. – Joseph Anton 5013 50th Ave. N. – Todd Havisto 7019 50th Ave. N. – Alfred and Mary Reger Trust 6617 52nd Ave. N. – Ripberger LLC (Conditional) 7717 59th Pl. N. – Jodi Heiden (Conditional) 6712 60th Ave. N. – Pranab Chatterjee 5.2 CITY OF CRYSTAL RESOLUTION NO. 2022 – RESOLUTION ACCEPTING DONATIONS WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donor Purpose Amount VFW Post 494 Crystal Frolics $5,000 Crystal Lions Club Crystal Frolics $1,000 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for their generous donations. Dated: Feb. 15, 2022 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Chee Yang, Deputy City Clerk 5.3 5.4 5.4 5.4 5.4 5.4 5.4 5.5 5.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2022 - ____ A RESOLUTION ADOPTING THE 2022 CRYSTAL CITY COUNCIL RULES OF PROCEDURES WHEREAS, the City Council has previously adopted the “Crystal City Council Rules of Procedure” (“Council Rules”) that govern how it conducts its business at meetings; and WHEREAS, Section 4.1 of the Council Rules indicates the City Council is to review and readopt the Council Rules by a vote of at least five Councilmembers each year at its second meeting in January; and WHEREAS, the City Council discussed the Council Rules at its January 4, 2022 work session, including amendments to reflect changes made in the City Charter that affect the Council Rules; and WHEREAS, the City Council reviewed the proposed amendments at its January 18, 2022 work session and determined to move forward with the adoption of the updated Council Rules as attached to this Resolution (“2022 Council Rules”). NOW, THEREFORE, BE IT RESOLVED, that the Crystal City Council hereby adopts the attached 2022 Council Rules to govern the meetings of the City Council in 2022 and until successor rules are adopted. Adopted by an affirmative vote of at least five members of the Crystal City Council this 15th day of February 2022. ____________________________ Jim Adams, Mayor ATTEST:____________________________ Chee Yang, Deputy City Clerk 5.5 5.5 5.5 5.5 5.5 5.5 5.5 5.5 DATE:February 8, 2022 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount HealthPartners, Inc.February health insurance premiums $117,233.50 MN PERA Employee & city required contributions for 1/21/22 pay date $64,160.95 Short Elliot Hendrickson, Inc.2021 & 2022 utility recontruction project costs $43,761.88 Kraus-Anderson Construction Co.New police station project management $70,714.72 Laketown Electric Corporation New police station costs $219,212.50 McDowall Company New police station costs $97,237.25 Multiple Concepts Interiors New police station costs $81,170.15 Northland Concrete & Masonry New police station costs $271,895.70 River City Erectors, Inc.New police station costs $58,890.50 JUFH Enterprises, LLC Refund of escrowed funds $46,000.00 Construction Systems, Inc.New police station costs $217,564.16 Laketown Electric Corporation New police station costs $47,072.50 LOGIS Monthly application support/hosting & annual development $73,918.35 McDowall Company New police station costs $114,859.75 Molin Concrete New police station costs $260,083.90 Northland Concrete & Masonry New police station costs $227,766.75 MN PERA Employee & city required contributions for 2/4/22 pay date $68,304.51 Metropolitan Council Environ Svs Wasterwater services for February $142,050.57 $2,221,897.64 Description 7.1 ___________________________________________________________________ FROM: City Clerk Chrissy Serres ___________________________________________________________________ DATE: Feb. 8, 2022 TO: Mayor and City Council City Manager Anne Norris RE: Consideration of a noncommercial multiple animal license at 4848 Florida Ave. N. Background Jessica Barnhart has applied for a noncommercial multiple animal license for four dogs at 4848 Florida Ave. N. Animal Control Officer Tom Mahan conducted an inspection at the property and his findings are included in the attached memo. Notice of the proposed license and Feb. 15, 2022 City Council meeting was mailed to neighboring properties on Jan. 28, 2022. Requested Council action Staff recommends approval of the noncommercial multiple animal license for Jessica Barnhart at 4848 Florida Ave. N. COUNCIL STAFF REPORT Regular Agenda: Feb. 15, 2022 Council Meeting Consideration of a noncommercial multiple animal license at 4848 Florida Ave. N. 7.2 7.2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: February 10, 2022 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Replacement of Air Conditioning Condensing Unit at the Community Center The Crystal Community Center has three separate air conditioning systems to cool the building. The condensing unit for the west side of the building (classrooms and office areas) is over 30 years old and needs replacement. The condensing units for the other two air conditioning systems have already been replaced. This project includes replacement of the existing 30-ton Trane condensing unit for the west side of the building. Quotes received for this project are as follows: •UHL $ 39,750 •Corporate Mechanical $ 40,985 •Horwitz Inc.$ 42,700 There is $45,000 allocated in the 2022 buildings fund for this project. In addition to providing the lowest quote, UHL also does routine maintenance and monitoring of HVAC systems at the community center and other city buildings. Using them for installation will help with system integration in the future. Staff recommends approval of the attached resolution entering into an agreement with UHL in the amount of $39,750; for replacement of the existing 30-ton Trane condensing unit at the Crystal Community Center. 7.3 CITY OF CRYSTAL RESOLUTION 2022 - RESOLUTION IN SUPPORT OF REPLACING ONE OF THE AIR CONDITIONING CONDENSING UNITS AT THE CRYSTAL COMMUNITY CENTER WHEREAS, the City of Crystal owns and operates the Crystal Community Center, and WHEREAS, the 2022 capital budget includes funds to replace one of the condensing units at the community center, and WHEREAS, the project includes replacement of the 30-ton Trane condensing unit that serves the west side of the building, and WHEREAS, quotes were received from three vendors for completion of the work, and WHEREAS, the lowest quote was received by UHL in the amount of $39,750. THEREFORE, BE IT RESOLVED: A. That the Crystal City Council wishes to enter into an agreement with UHL in the amount of $39,750 to furnish and install an R-410A 30-ton condensing unit at the Crystal Community Center. B. That the Crystal City Council hereby authorizes the mayor and city manager to sign the agreement with UHL to complete the work. Adopted by the Crystal City Council this 15th day of February, 2022. ________________________ Jim Adams, Mayor ATTEST: ______________________ Chee Yang, Deputy City Clerk 7.3 CONDENSING UNIT REPLACEMENT AGREEMENT THIS CONDENSING UNIT REPLACEMENT AGREEMENT (“Agreement”) is made and entered into this 15th day of February, 2022, by and between the City of Crystal, a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and UHL, a Minnesota company, located at 9065 Zachary Lane North, Maple Grove, MN 52369 (“Contractor”). The City and the Contractor may hereinafter be referred to individually as a “party” or collectively as the “parties.” RECITALS A. The City desires to replace a 30-ton condensing unit at the Crystal Community Center, which is located at 4800 Douglas Drive, (“Center”). B. The Contractor provided the City written quotes to provide the materials and to install a 30- ton condensing unit at the Center in accordance with the specifications established by the City (“Project”). C. The Contractor desires to undertake and complete the Project for the City in accordance with the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual promises and agreements contained herein, and intending to be legally bound, the City and the Contractor hereby agree as follows: 1. Scope of Work. a. The Contractor agrees to furnish all materials, all necessary tools, and equipment, and to perform all the work and labor necessary to complete the Project. The Project shall be completed in accordance with the terms and conditions of this Agreement, the Contractor’s quote, and scope of work contained in the attached Exhibit A (all work, materials and equipment set forth in this paragraph and contained in Exhibit A are hereinafter collectively referred to as the “Specifications”). Said Specifications are hereby fully incorporated as part of this Agreement. b. The Contractor agrees to diligently perform all work required to complete the Project and to comply in all respects with the Specifications. The City may conduct such inspections of the Project, work, and materials used as it may determine is needed. The City has the right to reject any work or materials it reasonably determines is defective or unsuitable, or that otherwise does not comply with the Specifications or the terms of this Agreement. If the City rejects any work or materials, the Contractor is responsible for, at its own cost, promptly removing and replacing such defective work or materials with approved work or materials as needed to comply with the Specifications. 7.3 c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost and expense any loss or damage to the work and Project occurring during the installation or prior to the final acceptance thereof by the City, by reason of fire, tornado, theft, or any cause whatsoever, and to be wholly responsible for the installation, completion and delivery of the Project in its entirety for the final acceptance by the City; and any payment or payments made to the Contractor hereunder, shall not be construed as operating to relieve the Contractor from responsibility for the construction and delivery of the Project as provided and agreed through this Agreement. 2. Compensation. a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the Contractor properly performs the work, the City shall, from month to month before completion of the work and pursuant to invoices from the Contractor, pay the Contractor up to 95 percent of the amount already earned under the Agreement. When the work is 95 percent or more completed, upon the sole determination of City staff, such portions of the retained price shall be released only as the City determines it need not be retained to protect the interest of the City in the satisfactory completion of the Agreement. The balance shall be retained by the City until the final performance and completion of this Agreement by the Contractor to the satisfaction, approval, and acceptance of the City including provision by the Contractor of Minn. Dept. of Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with applicable state laws. b. No claim for extra work done or materials furnished by the Contractor will be made by the Contractor or allowed by the City, nor shall the Contractor do any work or furnish any materials not covered by the Specifications, unless such work or materials is ordered in writing by the City. Any such work or materials which may be done or furnished by the Contractor without such written order first being given, shall be at the Contractor's own risk and expense. 3. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for the performance of any work under this Agreement or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion, discriminate against any person or persons who are qualified and available to perform the work to which such employment relates; that neither the Contractor nor any subcontractor, material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent the employment of any such person or persons from the performance of work under this Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 4. Insurance. The Contractor shall maintain commercial general liability coverage for all work covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for combined bodily injury and property damage, and $2,000,000 in the general aggregate, and commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence 7.3 for combined bodily injury and property damage covering owned, non-owned, and hired automobiles. The Contractor shall provide the City with a current certificate of insurance listing the City as an additional insured with respect to the aforementioned policies. To meet the requirements herein, the Contractor may use a combination of excess and umbrella coverage. The Contractor also agrees to keep in force during the entire term of this Agreement statutory workers’ compensation insurance. 5. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives harmless from and indemnified against any and all loss, costs, fines, charges, damage and expenses, including, without limitation, reasonable attorneys’ fees, consultants’ and expert witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) only to the extent caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including, without limitation, any claims for any lien imposed by law for services, labor or materials, or (iii) by reason of the execution of this Agreement or the performance of this Agreement. The Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative or professional assistance. The Contractor further agrees to indemnify the City and hold it harmless from and against any and all claims, suits, and actions against, and all loss, damage, costs, or expense to the City occasioned by or arising from any infringement or claim of infringement of any letters patent, or patent rights upon or covering any patented article or articles furnished or installed by the Contractor under this Agreement for the City, of from or by reason of the use by the City of any patented article or articles furnished or installed by the Contractor for the City under this Agreement. The indemnity contained in this paragraph shall be continuing and shall survive the performance or cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation of or waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or otherwise. 6. Independent Contractor. The Contractor and its employees are not employees of the City. Nothing in the Agreement is intended or should be construed in any manner as creating or establishing the relationship as employer/employee, co-partners, or a joint venture between the City and the Contractor. It is agreed that the Contractor and its employees will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City. The manner in which the Project is to be performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the City. 7.3 7. Termination. The City may terminate this Agreement upon 30 days’ written notice, except that if the Contractor is in default and fails to cure the default within ten days following written notice by the City, the City has the right to terminate this Agreement immediately upon written notice of termination. The Contractor will be paid for services properly rendered and equipment property installed prior to the effective date of termination. The following provisions of this Agreement shall survive expiration, termination, or cancellation of this Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit. 8. Amendments. Any amendment to this Agreement must be in writing and signed by both parties. 9. Assignment. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective without the prior written consent of the City. 10. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 11. No Personal Liability. No officer, agent or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 12. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed in the preamble to this Agreement, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section. 13. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any act by the City or the Contractor shall be deemed or construed by the Contractor or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Contractor. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 16. Compliance with Laws. The Contractor warrants that all work performed pursuant to this Agreement shall be in compliance with all federal, state and local laws, ordinances, regulations, rules, and standards. 7.3 17. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Contractor, and supersedes any other written or oral agreements between and City and Contractor. 18. Severability. In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 19. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. 20. Data Practices. Any and all data created, collected, received, stored, used, maintained, or disseminated by the parties pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 21. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota Legislative Auditor, or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement for six years following termination of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY: CONTRACTOR: By: _____________________________ By: ___________________________ Jim Adams Its: Mayor By: ______________________________ Its: ___________________________ Anne Norris Its: City Manager 7.3 EXHIBIT A Contractor’s Quote 7.3 EXHIBIT A Contractor’s Quote 7.3 Memorandum DATE: February 15, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works Pat Sele, Utilities Superintendent SUBJECT: Generator replacement at South Lift Station Summary The 2022 Long Term Plan for the sanitary sewer utility includes equipment replacement at the South Lift Station and allocated $350,000 for this work. The entire project will include: 1)Replacement and relocation of the generator from inside the building to outside of the building (on the south side, opposite of the homes) 2)Replacement of the #2 pump 3)Construction of a new single bathroom partitioned off inside the building that will be available to the public via a new exterior door (similar to the restrooms at Becker Park). 4)Replacement of existing building doors and windows 5)Security improvements Not only will this work improve the operation and safety of the lift station, but also improve the appearance and use by the public. The generator will have a sound attenuation enclosure to reduce noise when the generator is running. Due to the long lead time for materials, over the next several months items will be purchased for this larger project. Cost One quote was obtained from a joint purchasing agreement (Sourcewell) for the replacement of the generator: •Ziegler Power Systems $83,315 Funding The Sanitary Sewer Long Term Plan included $350,000 for this work. Attachment •Ziegler Power Systems quote Recommended Action Motion to approve the replacement of the south sanitary sewer lift station generator. 7.4 Proposal by 8050 State Highway 101 Shakopee, MN 55379 952-887-4574 To: City of Crystal Crystal, MN 55422 Sourcewell Member ID #41534 Re: Sourcewell Contract #120617-CAT “South Lift Station Generator” WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS, TERMS AND CONDITIONS QUANTITY: One (1) new CATERPILLAR emergency standby generator set mounted in Outdoor insulated/sound attenuated enclosure. Color – CAT White MODEL: D150GC – Diesel RATING: 150kW – Stand By VOLTAGE: 480/277 volts, 3 phase, 60 Hz, 1800 RPM BREAKER: One (1) 200 amp adjustable electronic LSI trip circuit breaker FUEL TANK: Dual wall fuel tank, 400 gallon capacity (24 hours) SWITCHGEAR: Existing WARRANTY: Five (5) years, 2500 hours INSTALLATION: Electrical & Mechanical Installation Included by Ziegler TOTAL SOURCEWELL PRICE: $ 83,315 .00* TRADE IN CREDIT FOR CUMMINS UNIT: ( $ 5,000.00*) *Stock units are subject to availability at time of order. *Price includes all applicable state or local sales and/or use taxes *Please refer to the attached Bill of Material. ESTIMATED DELIVERY: Unit on order arriving June 2022 F.O.B. Installed on site TERMS: Net 20 days THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY ON REVERSE SIDE ACCEPTED: Respectfully submitted, ZIEGLER INC. By: Logan Cameron Logan Cameron, Sales Engineer By: Subject to approval by APPROVED: ZIEGLER INC. Date: By: Proposal No. EPG30993220 Date: January 10, 2022 7.4 ONE (1) EMERGENCY STANDBY GENERATOR SET, RATED AT 150KW STANDBY, 3 PHASE, 60 HERTZ, 480/277 VOLT, 1800 RPM. ENGINE SPECIFICATIONS Meets EPA Regulations – Tier III C7.1 In-line 6, 4-cycle diesel Electronic governor Oil filter, spin-on type Oil and coolant drains Radiator cooling system, blower fan Water pump 12V. DC starting system Jacket water heater, 120 volt, 1500 watt Alternator, 30 ampere, 12 VDC Fuel system: Diesel NFPA110 Compliant / UL2200 Listed STANDARD ENGINE SAFETY FEATURES Shutdowns with individual warning lamps Fail to start / over-crank High coolant temperature Low lube oil pressure Over-speed Over-voltage Fuel level alarms GENERATOR SPECIFICATIONS Class H insulation, rotor and stator, single bearing design Flexible coupling Brushless excitation Permanent magnetic generator (PMG) Generator anti-condensation heater Solid-state regulator, +/- l. % regulation One (1) 200 amp adjustable electronic LSI trip circuit breaker GCCP 1.2 CONTROL PANEL • Voltage (all phases) • Current (all phases) • Power factor • kW • KVAR • Transfer switch status • Engine speed • Low fuel pressure • Run hours • Service reminders • Fault history • Oil pressure • Coolant temperature • Low oil pressure shutdown • High coolant temperature shutdown • Overvoltage / Over-speed 7.4 GCCP 1.2 CONTROL PANEL CONTINUED… • Not in auto position (flashing light) • Time & Date • Exercise speed • Protection Fail to start shutdown Low oil pressure shutdown Low/High battery voltage Battery charger failure Under-speed/Over-speed • Emergency stop • Programmable auto crank function • 2 wire start for any transfer switch • Adjustable engine speed at exerciser • RS485 port remote communication • Governor controller and voltage regulator are built into the master control board • Temperature range -40 °C to 85 °C ANCILLARY EQUIPMENT Outdoor insulated/sound attenuated enclosure rated 75dBA @ 23 feet Color, CAT White Interior LED convenience lights w/switch Dual wall UL listed integral fuel tank, 24-hour capacity (400 gallons), lockable fuel fill cap Battery charger, 10-amp float type, generator mounted Battery, with battery rack and cables SWITCHGEAR Existing PROJECT MANAGEMENT SERVICES Submittal drawings (Dimensional drawings, Electrical schematics, Product specifications) Jobsite startup by Certified CAT technician Operation and maintenance manuals (Engine, Generator) Warranty – Five (5) years – 2500 hours Delivery to jobsite by Ziegler CAT Training session for owners personnel COMMENTS AND CLARIFICATIONS Mechanical and electrical installation is included Crane and rigging for offloading equipment is included All outages to be coordinated between City of Crystal, Ziegler CAT and Taylor Electric Co. Initial fuel fill is included Project quoted using Sourcewell Contract #120617-CAT City of Crystal is responsible for the removal of the existing Cummins generator 7.4 NOTES Ziegler limits the scope of supply for this quotation to the equipment and services listed. Orders are subject to re-stocking charges if cancelled after release for production. State and local permits for fire, air, fuel tanks or building permits are not included and provided by others. Start-up labor is to be performed during normal business hours, Monday through Friday 7:30 am to 4:00 pm. Additional trips or delays required or requested due to contractor delay and/or issues with equipment not provided from Ziegler Power Systems will be billed at published field service rates. Price includes all applicable state or local sales and/or use taxes Terms:  Extension of contract beyond term must be at the mutual agreement of the parties.  Ziegler Inc. shall not be liable for consequential damages or damages beyond our control.  This quotation is subject to availability at time of order  Customer is responsible for adequate site conditions and security.  Customer is responsible for scheduled maintenance and fuel costs.  Customer must provide adequate insurance to cover equipment damage or loss.  Quotation is valid for 30 days. 7.4 RESOLUTION NO. 2022 - ______ APPROVING REPLACEMENT OF SANITARY SEWER LIFT STATION GENERATOR 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 South Lift Station generator needs to be relocated and replaced; and WHEREAS, funds are allocated in the sanitary sewer capital fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council authorizes the replacement of the generator at the south lift station from Ziegler Power Systems for $83,315. Adopted by the Crystal City Council this 15th day of February, 2022. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Chee Yang, Deputy City Clerk 7.4 Memorandum DATE: February 15, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works Pat Sele, Utilities Superintendent SUBJECT: Lift Station Pumps replacement at West Lift Station Summary A few years ago, as part of the City’s long-term planning effort, one of the minor changes that was done is that the replacement of pumps at the sanitary sewer lift stations was taken out of the Capital Improvement Projects and allocated for in the sanitary sewer operating budget. The reason that this was done is that pumps need to be replaced just as a matter of course and the cost of this equipment was relatively low compared to other capital projects. Just over $50,000 a year is in the operating budget to cover the cost of pumps, and another sanitary sewer equipment, as needed. This approach allows staff to be more flexible in managing the replacement of equipment that has to be routinely replaced by the very nature of the role it serves. The west lift station has two pumps which pump sewage through a pipe uphill to a location on Douglas Drive. In order to do this, the pump has impellers that spin and grab the sewage in order to pump it up and out. While one pump is more worn out than the other, due to how they are mounted and the cost to replace both pumps, it is recommended to move forward with replacing both pumps at the same time. This will save considerable labor costs as compared to if the 2nd pump was done at a future (but not distant future) time. The operating fund for the Sanitary Sewer utility has $52,500 in 2022 for replacement of pumps. The cost to replace both pumps is $54,040, with the slight overage covered within other line items in the operating fund. Cost Two quotes were obtained for the replacement of the pumps and valves: • Electric Pump $54,040 • Starnet Technologies $62,830 Attachment •Electric Pump quote Recommended Action Motion approving replacement of the sanitary sewer lift station pumps. 7.5 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL WEST LIFT STATION 6612 41ST AVE N MINNEAPOLIS, MN 55427 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:1 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0183462 2/1/2022 0011701 EXPIRE DATE:3/1/2022 STEVEN FORSYTHE QUOTED BY:MKH WEST LS RETROFIT 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-257-2818 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY 54,040.00 RE: WEST LIFT STATION RETROFIT --FLYGT DRY PIT PUMPS TO REPLACE EXISTING CHICAGO YEOMANS TYPE OM4 6 X 4 --ORIGINAL DESIGN POINT 550 GPM @ 35' TDH --CAN DEPTH = 19' --6" SUCTION X 4" DISCHARGE NOTE: CITY TO HAVE TAYLOR ELECTRIC & CONTROL SYSTEMS REMOVE ALL CONTROL PANELS AT BOTTOM OF THE CAN STATION AND RE-LOCATE THEM AT THE TOP. ELECTRIC PUMP PROPOSES: 0031270705116 EACH2.00 FLYGT MODEL 3127.070 DRY PIT PUMP, 4" DISCHARGE, WITH NT439 HARD IRON IMPELLER AND WEAR PLATE, 7.5HP/230/3 FM FLS FV 65' POWER CORD. INCLUDES PUMP STAND WITH 6" SUCTION ELBOW 1400000407129 EACH2.00 MINI-CASII/FUS 120/24VAC,24VDC *MISC EACH2.00 MISC INSTALL MATERIALS, INCLUDES: (2) QTR TURN BLEED VALVES, INSTALLED ON PUMPS, ALL-THREAD FOR ANCHORING ELBOW AND STAND TO THE EXISTING STEEL PLATE, ETC. SUCTION SIDE: *FITTINGS EACH1.00 (1) LOT OF FITTINGS, TO INCLUDE: (2) 6" FLANGED EXPANSION JOINTS WITH CONTROL RODS, (2) 6" MEGA FLANGE ADAPTERS W/SS ACCESSORIES, (2) 6" SS NUT, BOLT AND GASKET KITS *** Continued *** 7.5 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL WEST LIFT STATION 6612 41ST AVE N MINNEAPOLIS, MN 55427 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:2 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0183462 2/1/2022 0011701 EXPIRE DATE:3/1/2022 STEVEN FORSYTHE QUOTED BY:MKH WEST LS RETROFIT 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-257-2818 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY DISCHARGE SIDE: *FITTINGS EACH1.00 (1) LOT OF FITTINGS, TO INCLUDE: (2) 4" MEGA FLANGE ADAPTERS W/SS ACCESSORIES, (4) SS NUT, BOLT AND GASKET KITS. THE EXISTING 4" DUCTILE PIPE WILL BE CUT TO REQUIRED LENGTH AND RE-USED, ALONG WITH THE RECENTLY REPLACED 4" CHECK VALVES. *FIELD SVC EACH1.00 ELECTRIC PUMP SERVICE TECHS TO REMOVE EXISTING CHICAGO DRY PIT PUMPS AND REPLACE WITH FLYGT DRY PIT SUBMERSIBLE PUMPS AND STANDS, RE-CONNECT TO THE EXISTING SUCTION AND DISCHARGE LINES AND RE-USE THE EXISTING 4" CHECK VALVES. INCLUDES ALL TRIP AND TRAVEL, CONFINED SPACE ENTRY PERMIT AND START UP SERVICE FOR WARRANTY CERTIFICATION. ELECTRIC PUMP CONTROLS TECH TO NSTALL MINI CAS RELAYS IN THE EXISTING TOTAL CONTROL SYSTEMS PANEL TOTAL FOR MATERIALS AND INSTALL: $54,040.00 FREIGHT IS ADDITIONAL. DELIVERY IS 12-14 WEEKS ARO OPTION: ADDER FOR REMOVAL & INSTALL OF NEW 4" & 6" GATE VALVES (2) 4" AND (2) 6" GATE VALVES AT SAME TIME AS RETROFIT OF PUMPS AND PIPING: $5,200.00 *** Continued *** 7.5 QUOTATION QUOTED TO:JOB LOCATION: CITY OF CRYSTAL WEST LIFT STATION 6612 41ST AVE N MINNEAPOLIS, MN 55427 CITY OF CRYSTAL 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422-1696 Page:3 QUOTE NUMBER: QUOTE DATE: SALESPERSON: CUSTOMER NO: 0183462 2/1/2022 0011701 EXPIRE DATE:3/1/2022 STEVEN FORSYTHE QUOTED BY:MKH WEST LS RETROFIT 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com CONFIRM TO: PATRICK SELE 763-257-2818 CUSTOMER P.O.SHIP VIA BEST WAY F.O.B.TERMS NET 30 DAYS ITEM NUMBER UNIT AMOUNTQUANTITY ****PLEASE NOTE THE FOLLOWING: --EXISTING 4" DISCHARGE CHECK VALVES ARE TO BE RE-USED --IF CITY ELECTS TO REPLACE THE GATE VALVES, THE FORCEMAIN WILL NEED TO BE DRAINED AND THE CITY MUST PROVIDE BYPASS OF THE STATION WHILE WORK IS BEING PERFORMED. ELECTRIC PUMP DOES NOT PROVIDE FOR BYPASS. --ELECTRIC PUMP WILL WAIT TO REPLACE PUMPS AND PIPING UNTIL TAYLOR ELECTRIC & TCS HAVE RELOCATED THE CONTROLS FROM THE BOTTOM OF THE CAN STATION TO THE OUTDOOR MOUNTED CONTROL PANEL. THANK YOU FOR YOUR CONSIDERATION. PLEASE CONTACT US WITH ANY QUESTIONS OR TO PROCEED WITH AN ORDER. THANK YOU MYRA HOFFMAN myrah@electricpump.com CC: STEVEN FORSYTHE 612-840-9499 Net Order:54,040.00 Less Discount:0.00 Freight:0.00 Sales Tax:0.00 54,040.00 Order Total: ABOVE PRICING EFFECTIVE FOR 30 DAYS All return goods must have written approval from Electric Pump, Inc. before returning. Credit will not be issued without written approval and if applicable there will be a Restock Fee. 7.5 RESOLUTION NO. 2022 - ______ APPROVING REPLACEMENT OF THE SANITARY SEWER LIFT STATION PUMPS 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 West Lift Station pumps need to be replaced; and WHEREAS, funds are allocated in the sanitary sewer operating fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council authorizes the replacement of the sanitary sewer pumps at the west lift station from Electric Pump Inc. for $54,040. Adopted by the Crystal City Council this 15th day of February, 2022. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Chee Yang, Deputy City Clerk 7.5 Memorandum DATE: February 15, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works Pat Sele, Utility Superintendent SUBJECT: Award contract for storm sewer system repairs Summary As part of the preparation and design for the mill and overlay project, the existing storm sewer system was inspected by City staff to see if repairs were needed. For the 2022 mill and overlay some significant storm water repair needs were identified. These repairs will be completed in the spring prior to the pavement work being done so that the finished product looks good. Funding The Storm Water long-term plan includes $75,000 per year for repairs to the storm water system for situations just like this. Quotes The City solicited quotes from contractors and received two. 1) Valley Rich Co. Inc $59,950 2) Dave Perkins Contracting Inc. $75,350 The City routinely works with both of these contractors for utility needs. Attachment •Valley Rich Co. Inc quote Recommended Action Motion authorizing the contract with Valley Rich Co. Inc for the storm sewer system repairs 7.6 Date: 2/4/22 Bid: #22034 P Project: Regent Ave/34th Ave Storm Sewer Repairs Crystal Location: Crystal, MN Site Utilities Valley-Rich Co., Inc. will provide labor, equipment, and materials needed to excavate and provide storm work per plan provided dated 1/5/22. Work includes (3) catch basin full removals, (7) catch basin replacements, and replacing (1) section of piping across Regent with 18” arch pipe. All asphalt, concrete curb/sidewalk, grass, and all other restoration is excluded. Based on regular hours. Base Bid: $59,950 Note: This proposal is good for 30 days from the bid date in order to lock in our material prices with our vendors. Maximum depth of trenches and structures is assumed to be 5 feet when information is not provided. Respectfully, Pete Nasvik Exclusions: Land/Lane use permits, SAC and/or other connection charges, dewatering, soil correction and/or replacement, pipe support, removal of buried obstructions, jacking, frost charges, rock excavation, construction staking, restoration (other than listed above), compaction tests, hauling of excess soils, erosion control/inlet protection, hazardous material handling, wall sleeves, utility cut-offs and/or removals, cut and patch floors, culverts, irrigation, trench drains, perimeter drain tile, tree removal and/or replacement, grubbing, sheeting, shoring, bracing, and private utility locates. 147 Jonathan Blvd. N., Ste. 4 Chaska, Minnesota 55318 Office: (952) 448-3002 Fax: (952) 448-3362 7.6 RESOLUTION NO. 2022- ___ AUTHORIZING THE CONTRACT FOR STORM SEWER SYSTEM REPAIRS 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 routinely inspects storm sewer systems in advance of pavement projects; and WHEREAS, significant storm sewer system repairs were identified in the 2022 pavement project area; and WHEREAS, the City has allocated funding in the Storm Sewer Long Term Plan for such work; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for the storm sewer system repairs to Valley Rich Co. Inc. in the amount of $59,950. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby authorized to sign said agreement. Adopted by the Crystal City Council this 15th day of February, 2022. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Chee Yang, Deputy City Clerk 7.6