2023.07.18 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: July 14, 2023
City Council Meeting Schedule
Tuesday, July 18, 2023
Time Meeting Location
6:30 p.m.
City Council work session to discuss:
1. City Council liaison reports.
2. City manager monthly check-in.
3. Constituent issues.
4. New business.
5. 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 through one of the methods identified below.
Topic: Crystal City Council work session, City Council meeting and continuation of City Council work session, if
necessary.
Time: July 18, 2023, at 6:30 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: July 14, 2023
City Council Work Session Agenda
Tuesday, July 18, 2023
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, July 18, 2023, at ______ p.m. in
the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda
items are not completed in time for the City Council meeting at 7 p.m., the work session will be
continued and resumed immediately following the 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, July 18, 2023.
I. Attendance
Council members Staff
____ Onesirosan ____ Bell
____ Adams ____ Gilchrist
____ Budziszewski ____ Therres
____ Cummings ____ Elholm
____ Eidbo ____ Larson
____ Kamish ____ Ray
____ Kiser ____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. City Council liaison reports.*
2. City manager monthly check-in.
3. Constituent issues.*
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.
CITY MANAGER
MONTHLY CHECK-IN – JULY 2023
Objective 1 - Strategic planning for continued implementation of Council priorities:
• Thriving Business Community
o Multiple new business ribbon-cutting events continue
o Community Development staff continuing to work with developers regarding redevelopment opportunities
o Continuing to work through and advocate for city and community's interest with Blue
Line Extension and anti-displacement efforts
o Continuing to work with the New Hope Business Association (CBA 2.0)
• Strong Neighborhoods
o Continued implementation of Master Parks System Plan improvements
o Neighborhood meeting held at Kentucky Park
o Staff is helping plan Crystal Frolics
o Coordinating Neighborhood block parties for 2023 Night to Unite
o Summer Park and Recreation Commission neighborhood meetings continue
• Next meeting is August 2 at Basset Creek Park with the new Dog Parks
ribbon-cutting event
o Increased traffic enforcement continues
o Discussing responses to fireworks celebrations
• Sound fiscal policies and practices
o Received additional grant funding for Welcome Park improvements and continuing to
seek additional outside funding for projects
o Continuing to prepare the 2024 budget and updating the long-term plan
• Goals are to provide levy relief as well as continue important investments in
the city and increase saving for future capital projects
o Continuing to research uses of additional funding post-legislative session
• Welcoming and inclusive community
o Inclusion & Diversity Commission – Commission members plan to attend the
city’s booth at Crystal Frolics to promote the Commission
Objective 2 - Work-Life Balance/Professional Development
• Supporting staff wellness
• Support staff’s continuing professional growth and development
• Connecting with neighboring city managers on various local issues
• Participate in metro and state professional organizations
• Continuing participation in city manager leadership group
• Pursuing ICMA City Manager Credentialing
Page 1 of 1
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Page 1 of 4
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: July 14, 2023
City Council Meeting Agenda
Tuesday, July 18, 2023
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 June 20, 2023.
b. The City Council meeting on June 20, 2023.
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 Adoption of a resolution accepting a donation.
3.4 Adoption of a resolution rescinding parking restrictions on a portion of Lombardy Lane, east
of Lakeland Avenue North.
3.5 Adoption of a resolution changing traffic control at 46th Avenue North and Adair Avenue
North.
3.6 Adoption of a resolution authorizing a Special Legislative Appropriation Application for the
Crystal Cove Aquatic Center.
Page 2 of 4
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 10 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.
5. Public Hearing
5.1 The Mayor will open a public hearing to receive comment, and the Council will consider an
interim ordinance authorizing a study and imposing a moratorium on cannabis businesses
within the city.
In August of 2022, the Council adopted an interim ordinance establishing a moratorium on
the sale of cannabis products to allow staff to study the issues related to the city’s
regulatory authority of these products. That moratorium expires in August of this year. At
its July 13 work session, the Council discussed the regulation of cannabis and the 2023
legislation legalizing the sale, possession, and use of cannabis. The new legislation
authorizes cities to adopt a new interim ordinance to study how to regulate this expansion
of cannabis legalization. City Attorney Gilchrist drafted a second interim ordinance and
resolution authorizing summary publication of the interim ordinance. Recommend
adoption of the interim ordinance and the resolution authorizing summary publication of
the interim ordinance.
6. Regular Agenda
6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Recommend approval of disbursements over $25,000.
6.2 The Council will consider a resolution authorizing the contract for the 2023 Concrete Repair
Project.
Each year the City has miscellaneous concrete work done throughout the City. Staff
recommends approval of the resolution awarding the contract to Create Construction for
the 2023 Concrete Repair Project.
6.3 The Council will consider a resolution authorizing the professional services agreement for the
sanitary sewer alternative alignment analysis.
Due to the unique location of a sanitary sewer main along Hwy 100 and the associated
complexity of the planned future utility reconstruction project, staff is seeking a
professional services agreement for sanitary sewer alternative alignment analysis by TKDA.
Staff recommends adoption of the resolution.
Page 3 of 4
6.4 The Council will consider a resolution authorizing the crossing surface installation agreement
with BNSF railway.
Earlier this year, the rail crossing at Corvallis west of Hwy 81 was identified as requiring
replacement. The city is required to cost share in the project. Additionally, the city is
responsible for related road surface improvements. Staff negotiated a compromise
agreement with BNSF Railway for the project. Staff recommends adoption of the
resolution.
6.5 The Council will consider a resolution establishing Drought Warning Phase response actions.
Currently, Hennepin County is in a Moderate Drought intensity. Should the drought
conditions worsen later this summer and trigger the Minnesota Statewide Drought Plan
Warning, the city will be required to impose watering restrictions and possibly other
measures. Establishing the appropriate response actions preemptively will provide the city
the flexibility to respond more quickly if the need arises. Staff recommends adoption of the
resolution.
6.6 The Council will consider a resolution approving a variance from lot width and density
requirements to allow a two-family dwelling at 4309 Colorado Ave. N.
4309 Colorado was built as a two-family dwelling in 1984 and subsequently purchased by a
group home operator. In 1991, they removed sections of the wall between the two units
and converted it into a large single-family dwelling. Subsequent changes to the city zoning
code made a two-family dwelling no longer permitted in this location. The group home
operator recently sold the property, and the new owner wants to convert it back to its
original design as a two-family dwelling. The property meets all requirements for a two-
family dwelling under the current code except minimum lot width and maximum density.
The new owner is seeking minor variances from these two requirements so that the
property can be returned to its original use. On July 10, the Planning Commission
recommended approval of the variances. Staff recommends adoption of the resolution.
6.7 The Council will consider resolutions approving professional services agreements for the
design of improvements to the Crystal Cove Aquatic Center
a. Resolution approving an agreement with HCM Architects for design of improvements to
the Crystal Cove Aquatic Center building.
b. Resolution approving an agreement with USAquatics for design of improvements to the
Crystal Cove Aquatic Center pool.
The next step in the process to repair/replace the pool is to hire professional consultants to
do design work for the improvement. HCM Architects submitted the low bid for
improvement to the Aquatic Center building. USAquatics submitted the low bid for
designing improvements to the Aquatic Center pool. After the preliminary design phase is
completed, the Council will get to decide the specific project scope and what
improvements are ultimately included in the project. Staff recommends approval of both
resolutions separately.
Page 4 of 4
7. Announcements
a. Crystal Frolics is July 27 – 30. A schedule of activities and events is available at
www.crystalfrolics.org.
b. Night to Unite is Tuesday, Aug. 1. To host a block party, visit the city’s website at
www.crystalmn.gov.
c. The City Council will hold a budget work session on Thursday, Aug. 3 at 6:30 p.m. in the
Council Chambers at City Hall and via Zoom.
d. The next City Council meeting is Tuesday, Aug. 15 at 7 p.m. in the Council Chambers at City
Hall and via Zoom.
e. 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 June 20, 2023
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 June 20, 2023 in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, MN 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: Kiser, Onesirosan, Adams, Budziszewski (arrived at 6:46 p.m.), Cummings,
Eidbo and Kamish.
City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Police Chief S. Revering,
Community Development J. Sutter, Recreation Director J. Elholm, West Metro Fire-Rescue District
Chief S. Larson and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom.
II.Agenda
The Council and staff discussed the following agenda item:
1.Crystal Cove Aquatic Center.
Mayor Adams continued the work session to resume immediately after the City Council meeting.
Mayor Adams reconvened the work session at 7:14 p.m. to continue discussion of the following
remaining agenda items:
2.City Council liaison reports.
3.City manager monthly check-in.
4.Constituent issues.
5.New business.
6.Announcements.
III.Adjournment
The work session adjourned at 7:30 p.m.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
3.1(a)
Crystal City Council meeting minutes June 20, 2023
Page 1 of 2
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
June 20, 2023, at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN
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: Kiser, Onesirosan, Adams, Budziszewski, Cummings, Eidbo and Kamish.
City staff present: City Manager A. Bell, City Attorney T. Gilchrist, West Metro Fire-Rescue District
Chief S. Larson, Police Chief S. Revering, Community Development Director J. Sutter, Recreation
Director J. Elholm and City Clerk C. Serres. Assistant City 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 Budziszewski and seconded by Council Member Eidbo to approve the
agenda.
Motion carried.
3.Proclamations
3.1 The Mayor proclaimed July 4, 2023 as Independence Day in the City of Crystal.
3.2 The Mayor proclaimed July 2023 as Park and Recreation Month in the City of Crystal.
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 June 6, 2023.
b.The City Council meeting on June 6, 2023.
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 Adoption of Res. No. 2023-62, approving an off-site lawful gambling permit for Crystal Frolics
at Welcome Park from July 27 – 30, 2023, submitted by the West Metro Fire-Rescue District
Firefighters Relief Association.
4.4 Acceptance of Patrick Curme’s resignation from the Inclusion and Diversity Commission.
4.5 Acceptance of Walker Nyenhuis’ resignation from the Environmental Quality Commission.
Moved by Council Member Eidbo and seconded by Council Member Kamish to approve the consent
agenda.
Motion carried.
3.1(b)
Crystal City Council meeting minutes June 20, 2023
Page 2 of 2
5. Open Forum
The following person addressed the Council:
• Burt Orred, 6700 60th Ave. N., regarding the Crystal Cove Aquatic Center.
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 Budziszewski to approve
the list of disbursements over $25,000.
Voting aye: Kiser, Onesirosan, Adams, Budziszewski, Cummings, Eidbo and Kamish.
Motion carried.
7. Announcements
The Council and staff made announcements about upcoming events.
8. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Kiser to adjourn the
meeting.
Motion carried.
The meeting adjourned at 7:14 p.m.
___________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Christina Serres, City Clerk
3.1(b)
City of Crystal Council Meeting
July 18, 2023
Applications for City License
Liquor – Temporary On-Sale
PRISM, 1220 Zane Ave. N., Golden Valley, MN 55422, for Crystal Frolics on July 29-30, 2023 at Becker Park
Massage Enterprise and Therapy
Danielle Engbrecht, 5701 Kentucky Ave. N., Suite #104, Crystal, MN 55426
Rental – New
6507 Cloverdale Ave. N. – Logan Hunt (Conditional)
3537 Lee Ave. N. – S&S Real Estate Starts LLC (Conditional)
5400 Louisiana Ave. N. – RM Houses LLC (Conditional)
4421 36th Ave. N. – Good Domus sub IX LLC (Conditional)
4710 58th Ave. N. #221 – Denise Butler (Conditional)
Rental – Renewal
5417 Angeline Ave. N. – Xuyan Lang
6524 Brentwood Ave. N. – Eero and Nadya Mattson (Conditional)
4641 Brunswick Ave. N. – Dwayne Meier
3501 Douglas Dr. N. – Coventry Properties of Crystal
3601-3603 Douglas Dr. N. – Logan Ridpath
5012 Fairview Ave. N. – Dylan Jones
2717 Jersey Ave. N. – Yuan Chai
2959 Jersey Ave. N. – Roxanne Elfering
4601 Louisiana Ave. N. – Reill Properties
5300 Maryland Ave. N. – Benjamin Williams
5625 Maryland Ave. N. – Douglas Heinzmann (Conditional)
5644 Maryland Ave. N. – Invitation Homes
5673 Maryland Ave. N. – Chad Tesmer
3220-3226 Nevada Ave. N. – Andrey Ryvlin (Conditional)
3406 Noble Ave. N. – Susan Kowaliw (Conditional)
8332 Northern Dr. – Vincent Martin (Conditional)
5844 Orchard Ave. N. – Libman Bros. LLC
3548 Quail Ave. N. – Vincent Martin (Conditional)
3633 Vera Cruz Ave. N. – Nelson Family Foundation
4534 Welcome Ave. N. – Jeanne Rudelius
4733 Welcome Ave. N. – HQ Residentials LLC (Conditional)
4730 Xenia Ave. N. – Rebecca Mathison
4534 Zane Ave. N. – Herman Capital Partners (Conditional)
5619 Zane Ave. N. – Reese Pfeiffer (Conditional)
6511 31st Ave. N. – Larry Emond
6211 32nd Ave. N. – High Seng Chai
8316 32nd Pl. N. – Christopher Narins
6602 36th Ave. N. – Invitation Homes
6629 41st Ave. N. – Jean Witthoft
6402 42nd Ave. N. – Home SFR Borrower (Conditional)
6907 46th Pl. N. – Danmark Properties (Conditional)
6917 50th Ave. N. – SFR II Borrower
6729 52nd Ave. N. – Chris Jensen
6506 57th Ave. N. – Alicia Barevich
6324 61st Ave. N. – Ignacio Ruiz
Tree Trimmer
Rainbow Tree Company, 11571 K-Tel Dr., Minnetonka, MN 55343
3.2
CITY OF CRYSTAL
RESOLUTION NO. 2023 - ___
RESOLUTION ACCEPTING A DONATION FROM
OSSEO LIONS CLUB
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
Osseo Lions Club 2023 Airport Open House $500
BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named for
their generous donation.
Dated: July 18, 2023
By: __________________________
Jim Adams, Mayor
ATTEST:
__________________________
Christina Serres, City Clerk
3.3
Memorandum
DATE: July 18, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Rescinding parking restrictions on Lombardy Ln, east of Lakeland Ave N
Summary
Recently, City staff were contacted by the new Odam Clinic staff inquiring about the existing no parking
restrictions on the south side of Lombardy Ln, east of Lakeland Ave N, which is adjacent to their
property.
Staff looked into the history of the parking restrictions. This no parking restriction was from when
Rostamo’s Bar and Grill was still on the site.
The new use of the site as a clinic generates much less traffic and parking than when the parking
restrictions were originally put into place. The existing parking lot for Odam Clinic is anticipated to
meet the parking demand of the current site.
Staff will monitor the area post-removal of the parking restrictions. Should some level of parking
restrictions be needed due to adjacent land uses, it will be brought back before the Council.
Parking Summary
While the no parking restrictions are proposed to be removed, the normal city-wide parking
restrictions will still apply.
Attachment
•Photo of existing no parking restrictions.
Recommended Action
Motion to approve the resolution rescinding the parking restrictions on a portion of Lombardy Lane.
3.4
3.4
RESOLUTION NO. 2023 - ______
RESCINDING PARKING RESTRICTIONS
ON A PORTION OF LOMBARDY LANE, EAST OF LAKELAND AVE N
WHEREAS, the City Council has the power and authority, pursuant to State Statute
Chapter 169.06, Subd. 3., to place and maintain traffic control devices on City streets to regulate
traffic; and
WHEREAS, all traffic control shall conform to the state manual and specifications for
traffic control devices; and
WHEREAS, the City has completed an engineering study of the corridor which
recommended the rescinding of the on-street parking prohibition; and
WHEREAS, per City Code the on-street parking will still be prohibited between 2 AM
and 5 AM year-round and during snow parking restrictions;
NOW, THEREFORE, BE IT RESOLVED that the City hereby rescinds the posted
parking restrictions of any vehicles or equipment on the south side of Lombardy Lane, from
Lakeland Ave N to a point approximately 375 feet east of the intersection.
Adopted by the Crystal City Council this 18th day of July, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
3.4
Memorandum
DATE: July 18, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Change in traffic control at 46th Ave N and Adair Ave N
Summary
Staff was requested to review the existing two-way yield traffic control at the intersection of 46th Ave N
and Adair Ave N. Along the east side of Adair Ave N, roughly 75 feet north of 46th Ave, there is a
cluster of lilac bushes that cover an area both in City Right of Way and private property. Under Crystal
City Code (800.49, Subd 5.), plantings in the City Right of Way (boulevard) between 5 feet and 10 feet
from the curb cannot be higher than 18 inches. Vegitation beyond 10 feet do not have a height
requirement.
Two years ago City staff reached out to the property owners about trimming the lilac bushes to be
compliant with City Code. While the bushes were trimmed to be in compliance at that time, due to the
nature of lilac bushes and their ability to grow from roots and branches that are cut off, they have
since re-grown. Since a portion of the lilac bushes are in compliance with City Code (because they are
beyond 10 feet) and partially on private property, for the foreseeable future there will always be a
source for the lilacs to continue to grow towards the street and need routine maintenance.
Since the lilac growth will continue to occur indefinitely and impact corner visibility, by changing the
yield signs to stop signs, drivers westbound on 46th Ave N will be required to come to a full and
complete stop all the time, regardless of cross traffic being present or not. City staff will still have to
follow up with the property owner from time to time to trim the lilacs back, but the urgency will be
reduced.
Of note, Adair Ave N carries between 300 and 600 vehicles per day (typical for the majority of streets in
the City) according to traffic counts. During the peak hour the highest volume recorded was less than
60 vehicles, which means that there is less than one vehicle per minute on Adair Ave N during the
busiest time. The majority of the day there are less than 30 vehicles per hour, or roughly one vehicle
very two minutes. As noted previously, regardless of the volume of traffic on Adair Ave N, all vehicles
crossing at 46th Ave will be required to come to a full and complete stop.
Recommended Action
•Motion to approve the resolution authorizing two way stop control on 46th Ave N at the
intersection of Adair Ave N.
3.5
RESOLUTION NO. 2023 - ______
AUTHORIZING TWO WAY STOP CONTROL ON
46TH AVE N AT THE INTERSECTION WITH ADAIR AVE N
WHEREAS, the City Council has the power and authority, pursuant to State Statute
Chapter 169.06, Subd. 3., to place and maintain traffic control devices on City streets to regulate
traffic; and
WHEREAS, all traffic control shall conform to the state manual and specifications for
traffic control devices; and
WHEREAS, the City has completed an engineering study of the intersection which
recommended the installation of stop signs on 46th Ave N due to the on-going vegetation growth
north of the intersection; and
NOW, THEREFORE, BE IT RESOLVED that the City hereby authorizes the installation
of the stop control on 46th Ave N at the intersection with Adair Ave N.
Adopted by the Crystal City Council this 18th day of July, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
3.5
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE:
TO:
FROM:
SUBJECT:
July 12, 2023
Mayor and City Council
Adam R. Bell, City Manager
John Elholm, Recreation Director
Legislative Appropriation for the Crystal Cove Aquatic Center
The Crystal Cove Aquatic Center was built in 1968. While much of the pool was rebuilt in
2005, the deep end was not rebuilt then and is now over 50 years old. This part of the pool
is leaking and needs to be replaced for it to operate into the future.
The Minnesota Legislature has authorized a special appropriation to the City of Crystal to
assist with renovations at the Crystal Cove Aquatic Center. There is $3.5 million in the 2024
buildings fund for “Grogan Park Improvements”, which is for improvements to the pool as
well as improvements to the building entry. The proposed allocation for the pool portion is
$2.75 million. The special appropriation from the state is $2.35 million. The proposed total
budget for the pool part of the project is:
Special Appropriation $ 2,350,000
City of Crystal $ 2,750,000
Total $ 5,100,000
The total budget of $5.1 million covers the estimated cost of construction provided by
USAquatics plus their professional services fee; with an additional 10% contingency for
construction.
Staff is working with MN Department of Employment and Economic Development (DEED)
on this grant. A resolution of support from the Crystal City Council is required as part of the
special appropriation application.
3.6
CITY OF CRYSTAL
RESOLUTION 2023 –
RESOLUTION AUTHORIZING A SPECIAL APPROPRIATION APPLICATION
TO CONSTRUCT CAPITAL IMPROVEMENTS FOR AND TO FURNISH AND EQUIP THE
RENOVATION OF THE CITY’S AQUATIC CENTER IN GROGAN PARK
BE IT RESOLVED that the City of Crystal act as the legal sponsor for the project contained in H.F. 670
entitled Crystal; Aquatic Center.
BE IT FURTHER RESOLVED that the City of Crystal has the legal authority to receive financial
assistance, and the institutional, managerial, and financial capability to ensure adequate project
administration.
BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the
development proposal are committed to the project identified.
BE IT FURTHER RESOLVED that the City of Crystal has not violated any Federal, State or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt
practice.
BE IT FURTHER RESOLVED that upon approval of its development proposal by the state, the City of
Crystal may enter into an agreement with the State of Minnesota for the above-referenced project(s), and
that the City of Crystal certifies that it will comply with all applicable laws and regulation as stated in all
contract agreements.
BE IT FURTHER RESOLVED that the non-DEED source(s) of funds identified in the sources and uses
outline in the application total the amount of $2,750,000 and are committed and adequate to fully fund or
provide the match for the project identified in the application.
BE IT FURTHER RESOLVED that any source(s) of the Applicant’s fund(s)s to fully fund the project
shall be from the buildings fund 625 account which has an adequate amount of funds to cover the
commitment.
NOW, THEREFORE BE IT RESOLVED that the Recreation Director is hereby authorized to execute
such agreements as are necessary to implement the project on behalf of the City of Crystal.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of Crystal on July
18, 2023
SIGNED: WITNESSED:
(Signature – Jim Adams) (Signature – Christina Serres)
Mayor City Clerk
(Title) (Date) (Title) (Date)
3.6
1
CR205-30-887344.v1
CITY OF CRYSTAL
Ordinance No. _____
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES
THE CITY OF CRYSTAL ORDAINS:
ARTICLE I. Authority and Legislative Findings.
A.The Minnesota Legislature enacted, and Governor signed, 2023 Minnesota Session Laws,
Chapter 63 – H.F. No. 100 (“Act”), which is comprehensive legislation relating to cannabis
including, but not limited to, the establishment of the Office of Cannabis Management
(“OCM”), legalizing and limiting the possession and use of cannabis and certain hemp
products by adults, providing for the licensing, inspection, and regulation of cannabis
businesses and hemp businesses, taxing the sale of cannabis flower, cannabis products, and
certain hemp products, establishing grant and loan programs, amending criminal penalties,
providing for expungement of certain convictions and providing for the temporary
regulation of certain edible cannabinoid products.
B.The Act provides local units of government certain authority related to cannabis businesses,
including the authority to (1) require local registration of certain cannabis businesses
operating retail establishments, (2) adopt reasonable restrictions on the time, place, and
manner of the operation of cannabis businesses, provided that such restrictions do not
prohibit the establishment or operation of a cannabis business, (3) limit the number of
certain cannabis businesses based on the population of the community, and (4) prohibit the
operation of a cannabis business within 1,000 feet of a school, or 500 feet of a daycare,
residential treatment facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field.
C.The Act requires the OCM, which was established effective July 1, 2023, to work with
local governments to develop model ordinances for reasonable restrictions on the time,
place, and manner of the operation of cannabis businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of cannabis businesses.
The City will benefit from reviewing and analyzing the OCM’s model ordinances, rules,
and regulations before making any decisions relating to the regulation of cannabis
businesses in the City.
D.The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of
government that is conducting studies or has authorized a study to be conducted or has held
or scheduled a hearing for the purpose of considering adoption or amendment of reasonable
restrictions on the time, place and manner of the operation of cannabis businesses to adopt
an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. The interim
ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the
jurisdiction or a portion thereof until January 1, 2025.
5.1
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CR205-30-887344.v1
E. Given the uncertainty regarding the model ordinances to be developed by the OCM and
the broad scope of the changes to Minnesota law brought about by the Act, the City desires
to adopt an interim ordinance for the purpose of protecting the planning process and the
health, safety, and welfare of its citizens.
F. The City desires to conduct a study for the purpose of considering the adoption or
amendment of reasonable restrictions on the time, place, and manner of the operation of
cannabis businesses as well as the other regulations local units of government may adopt
under the Act.
G. After providing at least 10 days’ published notice, the City Council held a public hearing
and provided an opportunity for the public to be heard regarding this matter before acting
to adopt this Ordinance.
ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the
meaning given them in this section.
(a) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(b) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section
342.01, subdivision 14.
(c) “City” means the City of Crystal.
(d) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subdivision 1(f).
(e) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
(f) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City
Manager to have City staff conduct a study regarding the adoption or amendment of reasonable
restrictions on the time, place, and manner of the operation of Cannabis Businesses, as well as the
other potential local regulations allowed under the Act, and report to the City Council on the
potential regulation of Cannabis Businesses. The study must include a review of the model
ordinances the OCM is directed to draft under Minnesota Statutes, section 342.13(d), an analysis
of potential setback regulations allowed under Minnesota Statues, section 342.13(c), and such
other matters as staff may determine are relevant to the City Council’s consideration of this matter.
The report shall include the City staff’s recommendations on whether the City Council should
adopt regulations and, if so, the recommended types of regulations.
5.1
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CR205-30-887344.v1
ARTICLE IV. Moratorium. A moratorium is hereby imposed on the establishment and operation
of a Cannabis Business within the City. During the term of this Ordinance, no business, person, or
entity may establish or operate a Cannabis Business within the jurisdictional boundaries of the
City. The City shall not accept, process, or act on any application, site plan, building permit, zoning
request, or other approval, including any requested confirmation, certification, approval, or other
request from the OCM or other governmental entity requesting the City to review an application
or proposal for a business proposing to engage in the operation of a Cannabis Business.
ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance for
any business, person, or entity to establish or operate a Cannabis Business within the City.
ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the
continued operation of a business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023;
(2) the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section
151.72 once the City’s current moratorium on such sales ends; or (3) sales of Edible Cannabinoid
Products at an exclusive liquor store in accordance with Minnesota Statutes, section 340A.412,
subdivision 14. Nothing in this Article exempts a business, person, or entity that is selling Edible
Cannabinoid Products from having to comply with all requirements and prohibitions of applicable
laws and ordinances.
ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also
enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of
competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalty
in the City’s Municipal Code and may result in the City reporting the violation to the OCM if
relevant to OCM licensing. The City Council hereby authorizes the City Manager, in consultation
with the City Attorney, to initiate any legal action deemed necessary to secure compliance with
this Ordinance.
ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication
after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed
earlier upon the effective date of an ordinance adopting or amending reasonable restrictions on the
time, place, and manner of the operation of a Cannabis Business within the City or by resolution
of the City Council terminating this Ordinance prior to the expiration date.
ARTICLE IX. Severability. Every section, provision, and part of this Ordinance is declared
severable from every other section, provision, and part thereof. If any section, provision, or part of
this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not
invalidate any other section, provision, or part of this Ordinance.
Adopted this __ day of _____________ 2023.
5.1
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CR205-30-887344.v1
BY THE CITY COUNCIL
__________________________________
Jim Adams, Mayor
Attest:____________________________
Christina Serres, City Clerk
First Reading: ____________, 2023
Second Reading: __________, 2023
Council Adoption:_________, 2023
Publication:
Effective Date:
5.1
1
CR205-30-812159.v4
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023-___
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2023-_____
WHEREAS, the Crystal City Council adopted Ordinance No. 2023-____ “An Interim
Ordinance Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis
Businesses” (“Ordinance”) at its meeting held on July 18, 2023; and
WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal
City Code indicate that ordinances approved by the City Council will be published in summary
form and that the City Council is to approve the form of the summary.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the
following summary language is hereby approved for publication of the Ordinance:
CITY OF CRYSTAL
ORDINANCE #2023-____
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND
IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES
SUMMARY OF ORDINANCE No. 2023-____
Ordinance No. 2023-___ has been approved by the city council on July 18, 2023. A printed copy
of the full text of the ordinance is available for public inspection in the office of the city clerk.
The City Council adopted an interim ordinance imposing a moratorium on the
establishment or operation of cannabis businesses within the City. The prohibition applies
to the cannabis businesses regulated under the new law starting July 1, 2023. The
ordinance does not apply to medical cannabis, the lawful sale of Edible Cannabinoid
Products or non-edible products that were lawful to sell prior to that date. The ordinance
directs the City to conduct a study of cannabis businesses and their potential regulation.
The ordinance is effective immediately, has a term lasting until January 1, 2025, but may
be repealed earlier, and it sets penalties for violating the moratorium. A copy of the
ordinance is available on the City’s website.
BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do
each of the following:
1.Publish the approved summary language once in the City’s official newspaper;
5.1
2
CR205-30-812159.v4
2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of
the summary language in the City’s ordinance book;
3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk
during the City’s regular business hours; and
4. Post the Ordinance on the City’s website.
Adopted this 18th day of July 2023.
______________________________
Jim Adams
Mayor
ATTEST:
_______________________________
Chrissy Serres
City Clerk
5.1
DATE: July 12, 2023
TO: Adam R. Bell, City Manager
City of Crystal City Council
FROM: Jean McGann, Contracted Finance Director
RE: Expenditures over $25,000
Payee Amount
Art Thureson, Inc.Pedestrian Bridge project $42,980.00
LMCIT Q2 2023 workers compensation insurance $155,133.00
Met Council Environmental Svs Wastewater services for July $138,936.19
Northdale Construction Company 2023 Utility Reconstruction AFP #2 $314,359.87
Odesa II LLC Dog Park & Pedestrian Bridge projects $395,944.61
Short Elliot Hendrickson, Inc. 2021 through 2024 reconstruction projects $53,027.95
TA Schifsky & Sons, Inc.2023 Mill & Overlay AFP #2 $424,374.13
GMH Asphalt Corporation Community Center parking lot AFP #1 $517,440.07
Scott Endres Return of escrow deposit for 5730 Bottineau Blvd.$109,800.00
Golden Valley JWC JWC May water charges $219,197.20
Hennepin County Treasurer Assessor services through 7/31/2023 $111,500.00
LMCIT 2nd half of 2023 property/casualty insurance $119,416.00
BerganKDV Final billing for 2022 audit $26,850.00
MN PERA Employee & city required contributions for 6/23/23 pay date $68,635.74
IRS - EFTPS Federal & FICA withholding taxes for 6/23/23 pay date $75,785.65
HealthPartners, Inc.June health insurance premiums $126,565.50
HealthPartners, Inc.July health insurance premiums $124,633.50
MN PERA Employee & city required contributions for 7/7/23 pay date $67,267.95
$3,091,847.36
Description
6.1
Memorandum
DATE: July 18, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Award contract for 2023 concrete repair project
Summary
Each year the City has miscellaneous concrete work done throughout the City. This year’s
project will include:
1)Replacement of traffic control signal handhole castings and surrounding sidewalks
2)Miscellaneous sidewalk panel replacements
3)Miscellaneous curb replacement work
Cost
The budget for the concrete repair work is $61,903. The work scope can be adjusted as needed
to fit within the budget. Funding comes from the Street Improvement Fund.
Quotes
The City solicited quotes from contractors, including those already doing work in the City. Two
quotes were received:
1)Create Construction $44,310
2)Pember Companies $78,287
Due to the timeline of this project (later in the year) and the multiple locations for work, the
difference in cost is not at all surprising. Create Construction has worked in the City for a
number of years, including last year’s concrete repair project.
Attachments
•Project location maps
•Create Concrete quote
Recommended Action
Motion authorizing the contract for the 2023 concrete repair project.
6.2
6.2
6.2
6.2
RESOLUTION NO. 2023- ___
AUTHORIZING THE CONTRACT FOR 2023 CONCRETE REPAIR PROJECT
WHEREAS, the Crystal City Council is committed to providing and maintaining
quality infrastructure that is essential for everyday residential, commercial, industrial, and
recreational activities in the City; and
WHEREAS, the City routinely needs various types of concrete repairs completed
each year; and
WHEREAS, the City has allocated funding in the Street Improvement Fund for
such work; and
WHEREAS, contractors were invited to submit quotes and quotes were opened on
July 12, 2023; and
WHEREAS, Create Construction provided the lowest qualified quote for the
project.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
awards the contract for the 2023 concrete repair project to Create Construction in the
amount of $44,310.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby
authorized to sign said contract.
Adopted by the Crystal City Council this 18th day of July, 2023.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.2
Memorandum
DATE: July 18, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Ben Perkey, PE, Engineering Project Manager
SUBJECT: Professional services agreement for sanitary sewer alternative alignment analysis
Summary
In planning for a future utility reconstruction it was identified that the existing
sanitary sewer main along Hwy 100 has a number of issues that are more
complex than a typical utility reconstruction project. These factors include being
on the highway-side of the soundwall (safety and access concern), going
underneath the Bassett Creek culverts under Hwy 100, underneath the
trail/pedestrian bridge, and being a very flat sewer line. Since replacement of
this sanitary sewer main is more complex than typical, staff requested a
professional services proposal from TKDA for an Alternative Analysis Study to
identify potential alternative alignments for the sanitary sewer main.
TKDA is well known for their sanitary sewer work. TKDA frequently works with
Metropolitian Council Environmental Services (MCES) on wastewater
conveyance and treatment systems. Due to the nature of this project, the
following agencies will or may be involved: MnDOT (Hwy 100), Three Rivers Park
District (pedestrian bridge), Bassett Creek Watershed Management Commission
(creek crossing, culvert under Hwy 100, and potential wetland imapcts), Army
Corps of Engineers (flood control structures), Minnesota Pollution Control
Agency (potentially contaminated soils), and the Minnesota Department of
Natural Resources (public waters). This is all in addition to just the normal
challenge of designing an alternative alignment around the ponds.
Funding
TKDA’s $40,950 cost for this alternative analysis will be paid from the project
budget in the long term plan.
Attachment
•TKDA proposal
Recommended Action
Motion authorizing the professional services agreement for sanitary sewer
alternative alignment analysis.
6.3
TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com
An employee -owned company promoting affirmati ve action and equal opportunity.
June 9, 2023
Mr. Ben Perkey, PE
Engineering Project Manager
4141 Douglas Drive North
Crystal, MN 55422-1696
Re: Proposal for Engineering Services
Alternative Analysis Proposal
Dear Mr. Perkey:
In response to your request, we propose to provide Engineering Services in connection with the Bassett Creek
Neighborhood Sanitary Sewer Alternative Analysis, hereinafter called the Project. Our services will be provided in
the manner described in this Proposal subject to the terms and conditions set forth in the attached “General
Provisions of Engineer-Architect Agreement” dated July 2009. Hereinafter, the City of Crystal is referred to as the
City.
I. PROJECT DESCRIPTION
The City of Crystal’s Mission Statement is to improve and promote the quality of life for all Crystal citizens and
provide municipal services in a cost-effective, innovative, and professional manner. The city is committed to
redevelopment, updating its infrastructure, and maintaining the vitality and livability of its neighborhoods through
proactive code enforcement. The TKDA team looks forward to helping the City study the feasibility of providing
that reliable service to homes along Vale Crest Road and Vera Cruz Avenue North in the Bassett Creek
Neighborhood. We understand the City desires to relocate the sanitary sewer out of the Minnesota Department of
Transportation right of way.
TKDA’s commitment to municipal infrastructure is strong. With a wide range of expertise and experience all under
one roof, and within minutes from your offices, we can provide you with services in virtually every area you might
need. We will work with the City to review and study the existing conditions at the site, develop alternatives,
compare and contrast those alternatives for a confident selection of the best option for planning.
II. SERVICES TO BE PROVIDED BY TKDA
Close communication between City staff and TKDA will be critical to project success. We recommend an initial
kick-off meeting at the start of the contract to discuss the City’s needs and expectations related to the expected
study. During the kick-off meeting, we propose to work with you to tailor a plan for the work under this contract to
meet your needs.
Our work plan will document City expectations, goals, and preferences. The work plan is designed to improve our
efficiency and responsiveness to you by:
Defining background information, we would like to know before starting the project
Improving communications and project delivery by understanding your preferences
Anticipating concerns by learning what aspects of the potential project are most important to you
This work plan will be a guide to all team members and provides:
Contact information for relevant team members
Communications criteria (for instance, the plan will record preferences for communicating via telephone
versus email and at regular intervals or on an as-needed basis)
Status report preferences
Report styles and documentation
6.3
Mr. Ben Perkey, PE | City of Crystal
Proposal for Engineering Services
Alternative Analysis Proposal
June 9, 2023
Page 2
Billing formats
Additional information needed to respond quickly and consistently to your needs
Regular progress reports will be provided to the City at intervals determined during the kick -off meeting. Reports
will include overall progress for the most recent period and will identify if we are waiting on receipt of City data,
input, review, or approval. Additional meetings can be held in person or by conference call as necessary
throughout the course of the project.
Task 1: Project Kick-off
For this Project, City staff will provide essential guidance as to the infrastructure requirements (present and
future), operation and maintenance needs, as well as provide valuable historical information for the existing sewer
and other infrastructure in the area. Initial communication will take place during the project kick-off meeting to
introduce key project participants, establish preferred means of communication, discuss the project schedule, and
gather information on the City’s desires for the sewer serving this area of the Bassett Creek neighborhood. TKDA
will maintain open communication with the City staff throughout the project and will provide documentation of
communication through meeting agendas, meeting minutes, and written updates.
At the project kick-off meeting, attendees will include City staff, TKDA’s project manager Ian Johnson and project
advisor Jeannine Clancy. At this kick off meeting we will review the project scope, request any additional
information needed for completion of the study.
Deliverables:
Meeting agendas and minutes
Project schedule
Participant list with contact information
List of background information required
Task 2: Data Review, Site Visits and Topographic Survey
Following the kick-off meeting, we will complete a detailed review of the inform ation provided by the City as well
as data available from other state and county sources. After review, we anticipate the need of additional
topographic survey in select areas of the project site to confidently determine feasible alternatives. We have
included two days of effort in the Project area. In conjunction with the survey, we will walk the entire project area
to collect photographs and document the conditions at the site that may affect the feasibility of alternatives.
Deliverables:
Site photographs
ASCII point file
Task 3: Alternative Development and Evaluation
After completion of Task 2, TKDA will begin to develop conceptual alternatives for providing sanitary sewer
service to the Project area. We propose to complete the alternatives analysis in two steps. During the first step,
we will identify a full list of alternatives for review. We will also work with the City to determine criteria that will be
used to quickly eliminate alternatives that will not meet the needs or requirements of the C ity. For example, a
“must have“ criteria could be no new pump stations.
We have already started thinking about the potential alternatives. At a minimum, we will complete a preliminary
evaluation for the feasibility of the following alternatives based on the criteria we develop with the City:
Base Case – Rehabilitation of the existing sewer along the existing alignment
New Gravity Alignment 1 – Constructing a new gravity sewer to the cul-de-sac on 29th Avenue N, then
running through Bassett Creek Park to the Welcome Lift Station
New Gravity Alignment 2 – Constructing a new gravity sewer to 29th Avenue N through a new easement,
then running through Bassett Creek Park to the Welcome Lift Station
6.3
Mr. Ben Perkey, PE | City of Crystal
Proposal for Engineering Services
Alternative Analysis Proposal
June 9, 2023
Page 3
New Gravity Alignment 3 – Constructing a new gravity sewer to the south and connecting to the City of
Golden Valley
New Lift Station – Construction of a new lift station along Vale Crest Road discharging to the Welcome
Lift Station
Low Pressure Sewer System – Installation of a low pressure sewer system to serve the residences along
Vale Crest and Vera Cruz Avenue North
After development of these and other conceptual alternatives, we will meet with the City to review and evaluate
each of them against the must have criteria to winnow the list. We will then further develop the remaining
alternatives for additional study and review. We will again work with the City to develop a second list of criteria to
assist with evaluating and ranking each remaining alternative. Initial criteria we suggest include:
Soil conditions/bedrock impacts
Constructability
Environmental Impacts/tree loss
Bassett Creek Impacts
Easement Requirements
Wetland Impacts
Permit-ability
Impacts to Residents and Citizens
Capital costs
Long term operation and maintenance
Other criteria developed with City staff
This evaluation, along with descriptions of figures showing each of the alternatives, will be summarized in a draft
report and provided to the City for review. After the City has completed their initial review, we suggest visiting the
site again with City staff to both discuss your comments and review the alternatives with “boots on the ground .”
After this meeting we incorporate all comments and feedback into a final, signed feasibility study for t he City’s use
in planning for improvements.
Deliverables:
Technical Memorandum summarizing the full list of alternatives and why some were eliminated
Draft Alternatives Report
Meeting Minutes
Final Alternatives Report
Conceptual Cost Estimates
III. ADDITIONAL SERVICES
If authorized in writing by the City, we will furnish or obtain from others Additional Services of the types listed below
which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly
Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal.
A. Additional topographical survey beyond two days (16 hours)
B. Geotechnical investigations
C. Wetland delineations
D. Preparation of construction documents
E. Community engagement
6.3
Mr. Ben Perkey, PE | City of Crystal
Proposal for Engineering Services
Alternative Analysis Proposal
June 9, 2023
Page 4
IV. PROJECT TEAM
We have assembled a small team of dedicated wastewater professionals to efficiently and accurately assist the
City with this study:
Project Manager – Ian Johnson, PE, has over nine years of experience working on feasibility studies, sanitary
sewer extensions and rehabilitation designs, lift station design, forcemain design, and construction observations.
He is versed in AutoCAD, Revit, Civil3D, Autodesk SSA, WaterCAD, ESRI ArcGIS, and Reality Capture
Technologies. Ian will be the City’s main point of contact, and will lead the development of alternatives and
preparation of the feasibility report.
Project Advisor – Jeannine Clancy has provided strategic planning, policy development, and project
management for over 37 years. She works with clients to develop collaborative solutions to respond to complex
problems. As a longtime member of the public works community, Jeannine has managed municipal capital
projects associated with utilities, streets, and buildings for the cities of New Hope and Golden Valley, as well as
leading the capital improvement program at the Metropolitan Council Environmental Services. Jeannine will assist
the project with her insight, as well as be an open line of communication to the City to ensure a successful project.
Quality Assurance and Quality Control – Dan Nesler, PE, is experienced in a broad range of engineering design
and management for wastewater and water projects. Dan leads the wastewater group at TKDA, and his work over
the last 22 years has focused on sanitary sewer investigations, sewer hydraulic modeling, large diameter sewer
rehabilitation, pump systems, and wastewater treatment. Prior to any submittals to the City, Dan will review the
submittals and ensure the City is receiving a quality product.
Design Engineer – Scott Frost, EIT, is a graduate engineer with two years of experience working in wastewater
and civil engineering design. Scott is skilled in AutoCAD, Civil3D, ESRI ArcGIS, and HydroCAD as well as
construction inspection. He will assist Ian with development of the alternatives and cost estimates.
Survey – Dan Skinner, PLS, has over 30 years of experience in land surveying and construction staking with a
variety of public and private clients across Minnesota and North Dakota. Dan will oversee and review any
topographical survey completed by TKDA technicians for this project.
V. CITY RESPONSIBILITIES
These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clari fied
hereinbelow:
A. Designate one individual to act as a representative with respect to the work to be performed, and such person
shall have complete authority to transmit instructions, receive information, interpret and define policies, and
make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the
signature block area of this Proposal.
B. Provide TKDA with access to the site as required to perform services listed in SECTION II.
C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so the Project schedule
can be maintained.
VI. PERIOD OF SERVICE
We would expect to start our services promptly upon receipt of your written acceptance of this Pr oposal. We
understand you expect to award the project at either the June 20th or July 18th City Council meeting, and your desire
is to compete the alternatives analysis by early 2024. TKDA is committed to meeting this schedule.
VII. COMPENSATION
Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly
Time and Materials basis in an amount not to exceed $40,950. Our summary Project Fee Estimate is shown in the
table below, and if needed we can provide a detailed fee estimate. Payment shall be made in accordance with
Article 3 of the attached General Provisions.
6.3
Mr. Ben Perkey, PE | City of Crystal
Proposal for Engineering Services
Alternative Analysis Proposal
June 9, 2023
Page 5
Item Description Cost
1 Project Kick-off $ 1,950
2 Data Review, Site Visit, Topographic Survey $ 8,600
3 Alternative Development and Evaluation $ 29,400
Subtotal, Labor $ 39,950
Estimated Expenses $ 1,000
TOTAL= $40,950
The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our
control. Therefore, if it appears at any time charges for services rendered under SECTION II will exceed the above,
we agree we will not perform services or incur costs which will result in billings in excess of such amount until we
have been advised by you additional funds are available and our work can proceed.
We have provided a cost here through completion of the Alternatives Analysis Report. Knowing that the Feasibility
Study is not slated to be completed until sometime in 2024 and 2025 and the requirements of the selected alternative
are not yet known, we propose to work with the City to develop a detailed scope and fee at that time for the next
phase of the Project.
VIII. CONTRACTUAL INTENT
We thank you for the opportunity to submit this Proposal. We agree this letter and its attachments constitute a
contract between us upon a signed copy returned to us. This Proposal will be open for acceptance for 60 days
unless the provisions herein are changed by us in writing prior to that time. Please feel free to contact Ian Johnson
directly at 651.245.2897 or ian.johnson@tkda.com if you have any questions.
Sincerely,
Ian J. Johson, PE Jeff Lipovetz
Project Manager Chief Operating Officer
Attachments: Site Figure
General Provisions
ACCEPTED FOR CITY OF CRYSTAL, MN
By: ________________________________________________________________________________________
Signature Printed Name/Title Date
CLIENT DESIGNATED REPRESENTATIVE:
___________________________________________________________________________________________
Name/Title Phone Email
IJJ:JJL:add:dad
6.3
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6.3
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED
General Provisions of Engineer-Architect Agreement
TKDA GENERAL PROVISIONS JULY 2009 (E/O)
ARTICLE 1. GENERAL
These General Provisions supplement and become part of the Agreement between Toltz,
King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation,
hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter
referred to as CLIENT, wherein the CLIENT engages TKDA to provide certain
Engineering, Architectural, and/or Planning services. Either Party to this Agreement may
be referred to as a “Party” or collectively as “Parties.”
As used herein, the term “Agreement” refers to (1) TKDA’s original Engagement Letter or
proposal (the “Engagement Letter”) which forms the basis for the Agreement; (2) these
General Provisions, and (3) any attached Exhibits, as if they were part of one and the
same document. With respect to the order of precedence, any attached Exhibits shall
govern over these General Provisions and the Engagement Letter shall govern over any
attached Exhibits and these General Provisions.
ARTICLE 2. PERIOD OF SERVICE
The term of this Agreement for the performance of services hereunder shall be as set
forth in TKDA’s Engagement Letter. Any lump sum or estimated maximum payment
amounts set forth in the Engagement Letter have been established in anticipation of the
orderly and continuous progress of the project in accordance with the schedule set forth
in the Engagement Letter or any Exhibits attached thereto.
ARTICLE 3. COMPENSATION TO TKDA
A. Compensation to TKDA for services shall be as designated in the Engagement
Letter. The CLIENT shall make monthly payments to TKDA within 30 days of date of
invoice.
B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies
TKDA in writing of the particular item that is alleged to be incorrect within 15 days from
the date of invoice, in which case all undisputed items shall be paid and amounts in
dispute shall become due upon an adjudicated resolution or upon agreement of the
parties. All accounts unpaid after 30 days from the date of original invoice shall be
subject to a service charge of 1-1/2% per month, or the maximum amount authorized by
law, whichever is less. TKDA shall be entitled to recover all reasonable costs and
disbursements, including reasonable attorneys’ fees, incurred in connection with
collecting amounts owed by CLIENT. In addition, TKDA may, after giving seven days’
written notice to the CLIENT, suspend services under this Agreement until TKDA has
been paid in full for all amounts then due for services, expenses and charges. CLIENT
agrees that it shall waive any and all claims against TKDA and that TKDA shall not be
responsible for any claims arising from suspension of services hereunder.
ARTICLE 4. EXTRA WORK
If TKDA is of the opinion that any work it has been directed to perform is beyond the
Scope of this Agreement, or that the level of effort required exceeds that estimated due
to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of
that fact. Upon written notification to CLIENT, TKDA shall be entitled to additional
compensation for same, and to an extension of time for completion absent timely written
objection by CLIENT to additional services.
ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION
Either Party has the right to terminate this Agreement upon seven days’ written notice for
convenience of either CLIENT or TKDA. In addition, the CLIENT may at any time reduce
the scope of this Agreement. Such reduction in scope shall be set forth in a written
notice from the CLIENT to TKDA. In the event of unresolved dispute over change in
scope or changed conditions, this Agreement may also be terminated upon seven days’
written notice as provided above.
In the event of a termination or reduction in scope of the project work, TKDA shall be
paid for the work performed and expenses incurred on the project work and for any
completed and abandoned work for which payment has not been made, computed in
accordance with the provisions of the Engagement Letter and payment of a reasonable
amount for services and expenses directly attributable to termination, both before and
after the effective date of termination, such as reassignment of personnel, costs of
terminating contracts with TKDA’s subconsultants, costs of producing copies of file
materials and other related close-out costs.
ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA
All documents, including reports, drawings, calculations, specifications, CADD materials,
computer software or hardware or other work product prepared by TKDA pursuant to this
Agreement are TKDA’s Instruments of Service and TKDA retains all ownership interests
in said Instruments of Service, including copyrights. Any use or reuse of such
Instruments of Service, except for the specific purpose intended, by the CLIENT or
others without written consent, verification, or adaptation by TKDA will be at the
CLIENT’s risk and full legal responsibility. In this regard, the CLIENT will indemnify and
hold harmless TKDA from any and all suits or claims of third parties arising out of such
use or reuse which is not specifically verified, adapted, or authorized by TKDA.
Copies of documents that may be relied upon by the CLIENT are limited to the printed
copies (also known as hard copies) that are signed or sealed by TKDA’s Engineer or
Architect. Files in electronic format furnished to the CLIENT are only for convenience of
the CLIENT. Any conclusion or information obtained or derived from such electronic files
will be at the user’s sole risk. If there is a discrepancy between the electronic files and
the hard copies, the hard copies govern. In the event electronic copies of documents are
made available to the CLIENT, the CLIENT acknowledges that the useful life of
electronic media may be limited because of deterioration of the media, obsolescence of
the computer hardware and/or software systems or other causes outside of TKDA’s
control. Therefore, TKDA makes no representation that such media will be fully usable
beyond 30 days from date of delivery to CLIENT.
If requested, at the time of completion or termination of the work, TKDA shall make
available to the CLIENT at CLIENT’s expense copies of the Instruments of Service upon
(i) payment of amounts due and owing for work performed and expenses incurred under
this Agreement, and (ii) fulfillment of the CLIENT’s obligations under this Agreement.
ARTICLE 7. CLIENT’S ACCEPTANCE BY PURCHASE ORDER
In lieu of or in addition to execution of the Engagement Letter, the CLIENT may authorize
TKDA to commence services by issuing a purchase order by a duly authorized
representative. Such authority to commence services or purchase order shall
incorporate by reference the terms and conditions of this Agreement. In the event the
terms and conditions of this Agreement conflict with those contained in the CLIENT’s
purchase order, the terms and conditions of this Agreement shall govern.
Notwithstanding any purchase order provisions to the contrary, no warranties, express or
implied, are made by TKDA. In order to implement the intent of Parties to this
Agreement, the Parties agree that the Engagement Letter, these General Provisions, and
any Exhibits constitute the entire Agreement between them. The Parties further agree
that the preprinted terms and conditions of any CLIENT-generated purchase order issued
to request work pursuant to this Agreement will not apply to the work, regardless of
whether TKDA executes the purchase order in acceptance of the work.
ARTICLE 8. CLIENT’S RESPONSIBILITIES
A. To permit TKDA to perform the services required hereunder, the CLIENT shall
supply, in proper time and sequence, the following at no expense to TKDA:
1. All necessary information regarding its requirements as necessary for orderly
progress of the work.
2. Designate in writing a person to act as CLIENT’s representative with respect to
the services to be rendered under this Agreement. Such person shall have
authority to transmit instructions, receive instructions, receive information, and
interpret and define CLIENT’s policies with respect to TKDA’s services.
3. Furnish, as required for performance of TKDA’s services (except to the extent
provided otherwise in the Engagement Letter or any Exhibits attached thereto),
data prepared by or services of others, including without limitation, soil borings,
probing and subsurface explorations, hydrographic and geohydrologic surveys,
laboratory tests and inspections of samples, materials and equipment;
appropriate professional interpretations of all of the foregoing; environmental
assessment and impact statements; property, boundary, easement,
right-of-way, topographic and utility surveys; property descriptions; zoning,
deed and other land use restriction; and other special data not covered in the
Engagement Letter or any Exhibits attached thereto.
4. Provide access to, and make all provisions for TKDA to enter upon publicly or
privately owned property as required to perform the work.
5. Act as liaison with other agencies or involved parties to carry out necessary
coordination and negotiations; furnish approvals and permits from all
governmental authorities having jurisdiction over the project and such
approvals and consents from others as may be necessary for completion of the
project.
6. Examine all reports, sketches, drawings, specifications and other documents
prepared and presented by TKDA, obtain advice of an attorney, insurance
counselor or others as CLIENT deems necessary for such examination, and
render in writing decisions pertaining thereto within a reasonable time so as not
to delay the services of TKDA.
7. Give prompt written notice to TKDA whenever the CLIENT observes or
otherwise becomes aware of any development that affects the scope or timing
of TKDA’s services or any defect in the work of Construction Contractor(s),
subconsultants or TKDA.
8. Initiate action, where appropriate, to identify and investigate the nature and
extent of asbestos, petroleum and/or pollution in the project and to abate
and/or remove the same as may be required by federal, state or local statute,
ordinance, code, rule, or regulation now existing or hereinafter enacted or
amended. For purposes of this Agreement, “pollution” and “pollutant” shall
mean any solid, liquid, gaseous or thermal irritant or contaminant, including
petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic
waste. Hazardous Materials means any substance, waste, pollutant or
contaminant (including petroleum) now or hereafter included within such terms
under any federal, state or local statute, ordinance, code, rule or regulation
now existing or hereinafter enacted or amended. Waste further includes
materials to be recycled, reconditioned or reclaimed. CLIENT further agrees it
6.3
TKDA GENERAL PROVISIONS JULY 2009 (E/O)
will, where appropriate, endeavor to identify, remove and/or encapsulate
asbestos products, petroleum, pollutants or Hazardous Materials located in the
project area prior to accomplishment by TKDA of any work on the project.
If TKDA encounters, or reasonably suspects that it has encountered, asbestos
or pollution in the project, TKDA shall cease activity on the project and
promptly notify the CLIENT, who shall proceed as set forth above. Unless
otherwise specifically provided in the Engagement Letter, the services to be
provided by TKDA do not include identification of asbestos or pollution, and
TKDA has no duty to identify or attempt to identify the same within the area of
the project.
With respect to the foregoing, CLIENT acknowledges and agrees that TKDA is
not a user, handler, generator, operator, treater, storer, transporter or disposer
of asbestos, petroleum, Pollutant, or other Hazardous Materials which may be
encountered by TKDA on the project. CLIENT agrees to hold harmless,
indemnify and defend TKDA and TKDA’s officers, subconsultant(s),
subcontractor(s), employees and agents from and against any and all claims,
lawsuits, damages, liability and costs, including, but not limited to, costs of
defense, arising out of or in any way connected with the presence, discharge,
release, or escape of asbestos, petroleum or other Hazardous Materials or
waste on the site. This indemnification is intended to apply only to existing
conditions present at the site prior to TKDA’s commencement of services, and
does not apply to conditions that arise subsequent to TKDA’s commencement
of services that are caused or created by TKDA.
9. Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the project, such legal services as
the CLIENT may require or TKDA may reasonably request with regard to legal
issues pertaining to the project including any that may be raised by
contractor(s), such auditing service as CLIENT may require to ascertain how or
for what purpose any contractor has used the monies paid under the
construction contract, and such inspection services as CLIENT may require to
ascertain that contractor(s) are complying with any law, rule, regulation,
ordinance, code or order applicable to their furnishing and performing the work.
10. Provide “record” drawings and specifications for all existing physical plants or
facilities which are pertinent to the project.
11. Act promptly to approve all pay requests, Supplemental Agreements, or
requests for information by TKDA as set forth herein.
12. Require all Utilities with facilities in the CLIENT’s right-of-way to locate and
mark said utilities upon request, relocate and/or protect said utilities as
determined necessary to accommodate work of the project, submit a schedule
of the necessary relocation/protection activities to the CLIENT for review and
comply with agreed upon schedule.
13. Provide other services, materials, or data as may be set forth in the
Engagement Letter or any Exhibits attached thereto.
B. TKDA shall be entitled to rely on the accuracy and completeness of information
furnished by the CLIENT. If TKDA finds that any information furnished by the CLIENT is
in error or is inadequate for its purpose, TKDA shall promptly notify the CLIENT.
ARTICLE 9. OPINIONS OF COST
Opinions of probable project cost, construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of
operations end maintenance costs provided for in the Engagement Letter or any Exhibits
attached thereto, are made on the basis of TKDA’s experience and qualifications and
represent TKDA’s judgment as an experienced and qualified design professional. It is
recognized that TKDA does not have control over the cost of labor, material, equipment
or services furnished by others or over market conditions or contractors’ methods of
determining their prices, and that any evaluation of any facility to be constructed, or
acquired, or work to be performed on the basis of TKDA’s cost opinions, must of
necessity, be speculative until completion of construction or acquisition. Accordingly,
TKDA does not guarantee that proposals, bids or actual costs will not substantially vary
from opinions, evaluations or studies submitted by TKDA to CLIENT hereunder. TKDA
assumes no responsibility for the accuracy of opinions of probable project costs or
construction costs, and provides these estimates for the sole convenience of the CLIENT
for the purposes of general project budgeting.
ARTICLE 10. CONSTRUCTION PHASE SERVICES
CLIENT acknowledges that it is customary for the Architect or Engineer who is
responsible for the preparation and furnishing of Drawings and Specifications and other
construction-related documents to be employed to provide professional services during
the Construction Phases of the project, (1) to interpret and clarify the documentation so
furnished and to modify the same as circumstances revealed during bidding and
construction may dictate, (2) in connection with acceptance of substitute of or-equal
items of materials and equipment proposed by bidders and contractor(s), (3) in
connection with review of shop drawings and sample submittals, and (4) as a result of
and in response to TKDA’s detecting in advance of performance of affected work
inconsistencies or irregularities in such documentation. CLIENT agrees that if TKDA is
not employed to provide such professional services during the Construction Phases of
the project, TKDA will not be responsible for, and CLIENT shall indemnify and hold TKDA
(and TKDA’s professional associates and consultants) harmless from, all claims,
damages, losses and expenses including attorneys’ fees arising out of, or resulting from,
any interpretation, clarification, substitution acceptance, shop drawing or sample
approval or modification of such documentation issued or carried out by CLIENT or
others. Nothing contained in this paragraph shall be construed to release TKDA (or
TKDA’s professional associates or consultants) from liability for failure to perform in
accordance with professional standards any duty or responsibility which TKDA has
undertaken or assumed under this Agreement.
ARTICLE 11. INSURANCE
TKDA shall procure and maintain insurance for protection from claims against it under
workers’ compensation acts, claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all employees, and from claims
against it for damages because of injury to or destruction of property.
Also, TKDA shall procure and maintain professional liability insurance for protection from
claims arising out of performance of professional services caused by any negligent act,
error, or omission for which TKDA is legally liable.
Certificates of insurance will be provided to the CLIENT upon request.
ARTICLE 12. ASSIGNMENT
This Agreement, being intended to secure the personal service of the individuals
employed by and through whom TKDA performs work hereunder, shall not be assigned,
sublet or transferred without the written consent of TKDA and the CLIENT. Any
assignment of the Agreement, or claims arising under or relating to the Agreement
without the written consent of both Parties shall be null and void.
ARTICLE 13. CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota.
ARTICLE 14. SEVERABILITY
Any provision or portion thereof in this Agreement which is held to be void or
unenforceable under any law shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding between CLIENT and TKDA.
ARTICLE 15. WAIVER OF CONSEQUENTIAL DAMAGES
CLIENT and TKDA waive consequential damages for claims, disputes or other matters in
question arising out of or relating to TKDA’s services under this Agreement. This mutual
waiver of consequential damages applies and survives termination of this Agreement.
ARTICLE 16. LIMITATION OF LIABILITY
In recognition of the relative risks of CLIENT and TKDA relating to the work, CLIENT
agrees, to the extent permitted by law, that TKDA’s liability to the CLIENT or anyone
claiming through CLIENT for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from or in any way related to the Project or the Agreement from
any cause or causes including, but not limited to, the negligence, professional errors or
omissions, strict liability or breach of contract, or warranty express or implied, of TKDA or
its officers, directors, partners, employees, agents, or consultants, or any of them, shall
not exceed the total insurance proceeds paid or available on behalf of or to TKDA by its
insurers in settlement or satisfaction of CLIENT’s claims against TKDA under the terms
and conditions of TKDA’s insurance policies applicable thereto.
ARTICLE 17. CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the design or construction of the
project or following the completion of the project, the CLIENT and TKDA agree that all
disputes between them arising out of or relating to this Agreement shall be submitted to
nonbinding mediation as a precondition to any formal legal proceedings.
ARTICLE 18. CONFIDENTIALITY
TKDA agrees to keep confidential and not to disclose to any person or entity, other than
TKDA’s employees, subconsultants and the general contractor and subcontractors, if
appropriate, any data and information furnished to TKDA and marked CONFIDENTIAL
by the CLIENT. These provisions shall not apply to information in whatever form that
comes into the public domain, nor shall it restrict TKDA from giving notices required by
law or complying with an order to provide information or data when such order is issued
by a court, administrative agency or other authority with proper jurisdiction, or if it is
reasonably necessary for TKDA to complete services under the Agreement or defend
itself from any suit or claim.
ARTICLE 19. UNDERGROUND UTILITIES
If authorized in the Engagement Letter, TKDA and/or its authorized subconsultant will
conduct the research that in its professional opinion is necessary and will prepare a plan
indicating the locations intended for subsurface penetrations with respect to assumed
locations of underground improvements. Such services by TKDA or its subconsultant will
be performed in a manner consistent with the ordinary standard of care. The CLIENT
recognizes that the research may not identify all underground improvements and that the
information upon which TKDA relies may contain errors or may not be complete.
The CLIENT agrees, to the fullest extent permitted by law, to waive all claims and causes
of action against TKDA and anyone for whom TKDA may be legally liable, for claims by
CLIENT or its contractors for delay or additional compensation relating to the
identification, removal, relocation, or restoration of utilities, or damages to underground
improvements resulting from subsurface penetration locations established by TKDA.
6.3
RESOLUTION NO. 2023- ___
AUTHORIZING PROFESSIONAL SERVICES AGREEMENT FOR
SANITARY SEWER ALTERNATIVE ALIGNMENT ANALYSIS
WHEREAS, the maintaining and reconstructing of City infrastructure is an
essential service in the City of Crystal; and
WHEREAS, the City has developed a long term plan for reconstruction of the
City’s water, sanitary sewer, and storm water infrastructure; and
WHEREAS, the existing alignment of the sanitary sewer main along Hwy 100
poses both a maintenance challenge and safety concern; and
WHEREAS, TKDA has completed sanitary sewer main work for numerous
governmental agencies; and
WHEREAS, the equipment and staffing required for the analysis of such projects
is beyond the in-house capability of the City; and
WHEREAS, various Long Term Plan funds have been allocated for the utility
reconstruction project.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
awards the contract for Alternative Analysis Study for Future Reconstruction Project to
TKDA in the amount of $40,950.
BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby
authorized to sign said contract.
Adopted by the Crystal City Council this 18th day of July, 2023.
Jim Adams, Mayor
ATTEST:
_________________________________________
Christina Serres, City Clerk
6.3
Memorandum
DATE: July 18, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Agreement with BNSF railroad for crossing surface replacement
Summary
Earlier this year BNSF railroad reached out to the City about cost sharing for the replacement of
the rail crossing at Corvallis, just west of Hwy 81. After much back and forth with the railroad, it
was agreed that the replacement project could be delayed until 2024 so that it could be
properly budgeted for.
Additionally, the City will be responsible (at its own cost) for:
1)Patching in with asphalt between the existing road and the new concrete railroad
surface
2)Replacement of any pavement markings disturbed by the work
3)Providing temporary traffic control for the road closure while the crossing is replaced
Cost
The portion to be replaced is 64 feet long and the agreed upon rate is $800 per foot for a total
cost of $51,200 to BNSF. As noted above, there will be some additional costs as well. Funding
comes from the Street Improvement Fund.
Funding
This project will be included in the Street Maintenance Long Term Plan for 2024 as part of the
normal budgeting process.
Attachment
•BNSF agreement
Recommended Action
Motion authorizing the crossing surface installation agreement with BNSF.
6.4
CROSSING SURFACE INSTALLATION AGREEMENT
BNSF File No.: BF-20254138
Mile Post 6.24
Line Segment 202
U.S. DOT Number 095629M
Monticello Subdivision
This Crossing Surface Installation Agreement (hereinafter called, this “Agreement”) is
entered into effective as of ___________,____, by and between City of Crystal
(hereinafter called, “AGENCY”) and BNSF Railway Company (hereinafter called,
“BNSF”).
WHEREAS, BNSF operates a freight transportation system by rail with operations
throughout the United States and Canada; and
WHEREAS, AGENCY desires to replace the existing concrete crossing surface at
Corvallis Ave with a new concrete crossing surface;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1)BNSF Work. BNSF will install a new concrete crossing surface for a width of 64 feet
from the edge of the pavement on North side of the tracks to the edge of the pavement
on the South side of the tracks. The new crossing surface will adequately cover all
vehicular driving lanes at Corvallis Ave. The Company will perform all necessary track
upgrades to accommodate the new crossing surface.
2)AGENCY Work. AGENCY must construct the Project as shown on the attached
Exhibit A and do all work (“AGENCY’s Work”) provided for in the plans and
specifications for the Project, except railroad work that will be performed by BNSF
hereunder. AGENCY must furnish all labor, materials, tools and equipment for the
performance of AGENCY’s Work. The principal elements of AGENCY’s Work are as
follows:
A.Design and Construction of Corvallis Ave;
B.Installation of a pavement marking stop bar in accordance with the Minnesota
Manual on Uniform Traffic Control Devices (hereinafter called, “MN MUTCD”);
C.Installation of advance warning signs in accordance with the MN MUTCD;
6.4
D. Perform all necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF’s right-of-way;
E. Provide suitable drainage, both temporary and permanent;
F. Provide all barricades, lights, flagmen or traffic control devices as necessary,
during the installation of the concrete pedestrian crossing surfaces;
G. Construct concrete sidewalk surface on approaches to each track, if desired; and
H. Job site cleanup including removal of all construction materials, concrete debris,
surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste
materials to the satisfaction of BNSF.
3) Payment; Invoicing. Upon execution of this Agreement by both parties hereto, BNSF
will send Agency an invoice detailing the total amount owed by Agency for the new
crossing surface. BNSF shall send to Agency a final invoice upon completion and
Agency shall pay the final invoice within 30 days of receipt.
Agency agrees to pay BNSF Eight Hundred and No/100 Dollars ($800.00) per foot for
the new crossing surface. Agency’s ESTIMATED total cost for the new crossing
surface is Fifty One Thousand Two Hundred and No/100 Dollars ($51,200.00).
4) Maintenance of the Crossing Surface. After installation of the new crossing surface
is completed, BNSF will maintain, at its own cost and expense, the crossing surface,
against normal wear and tear, in a satisfactory manner for the expected life of the
crossing surface. Notwithstanding the preceding sentence, BNSF shall be entitled to
receive any contribution toward the cost of such maintenance made available by
reason of any existing or future laws, ordinances, regulations, orders, grants, or other
means or sources.
5) Vehicular Traffic during Installation. The AGENCY shall provide, at its own cost
and expense, all necessary barricades, lights or traffic control devices for detouring
vehicular/pedestrian traffic at the Corvallis Ave crossing during installation of the new
crossing surface.
6) Drainage. The AGENCY agrees to allow BNSF to drain water from the Corvallis Ave
crossing area into existing AGENCY storm sewers, if such storm sewers are available.
Drain pipes and filter fabric necessary for such drainage will be furnished and installed
by BNSF.
7) Roadway Surfacing Work. The AGENCY agrees to provide, at its sole cost and
expense, enough asphalt to cover the distance between the existing roadway surface
at Corvallis Ave and the new crossing surface on both sides of the track as well as the
area between the tracks.
6.4
8) Contractor Requirements: AGENCY must require its contractor to comply with the
obligations set forth in this Agreement, including Exhibit C and Exhibit C-1, and
incorporate in each prime contract for construction of the Project, or the specifications
therefor, the provisions set forth in Exhibit C and Exhibit C-l, attached hereto and by
reference made a part hereof.
No work shall be commenced within BNSF’s right of way until the AGENCY’s
contractor shall have (i) executed and delivered to BNSF an agreement in the form of
said Exhibit C-1 and (ii) delivered to and secured BNSF’s approval of the required
insurance.
9) Term. This Agreement begins on the effective date set forth above and remains in
effect until completion of all work contemplated in this Agreement and AGENCY’s
payment of the amounts set forth in Section 3 above.
6.4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by its duly qualified and authorized officials as of the day and year first written
above.
BNSF Railway Company:
By:
Printed Name: _________________________
Title: ______________________________
AGENCY:
City of Crystal
By:
Printed Name: ________________________
Title: ______________________________
6.4
Exhibit A
6.4
DOT NO: 095629M
AGENCY TO RESURFACE APPROACH TD EDGE OF CROSSING SURFACE.
AGENCY TO RESURFACE APPROACH TO EDGE OF CROSSING SURFACE. □
EXHIBIT A
DATE: 07/11/2023
OUTER LIMITS OF RESURFACE TO BE DETERMINED BY AGENCY. MIN 24" FROM EDGE OF SURFACE
OUTER LIMITS OF RESURFACE TO BE DETERMINED BY AGENCY. MIN 24" FROM EDGE OF SURFACE
NOT TO SCALE
6.4
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General:
• 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter
referred to as "Railway" where work is over or under on or adjacent to Railway property and/or
right-of-way, hereafter referred to as "Railway Property", during the reconstruction of the
railroad crossing surface approaches and associated traffic control at Corvallis Ave (DOT
095629M) in Crystal, MN.
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the
Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide and
maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-1”.
Questions regarding procurement of the Railroad Protective Liability Insurance should be
directed to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to
interfere with the movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right
of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of
Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or
operations. Railway will have the right to stop construction work on the Project if any of the
following events take place: (i) Contractor (or any of its subcontractors) performs the Project
work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor
(or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner
which is hazardous to Railway property, facilities or the safe and expeditious movement of
railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the
course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction
License or the Easement. The work stoppage will continue until all necessary actions are
taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway’s
Division Engineer or until additional insurance has been delivered to and accepted by Railway.
In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii)
the Easement, Railway may immediately terminate the Temporary Construction License or
the Easement. Any such work stoppage under this provision will not give rise to any liability
on the part of Railway. Railway’s right to stop the work is in addition to any other rights Railway
may have including, but not limited to, actions or suits for damages or lost profits. In the event
that Railway desires to stop construction work on the Project, Railway agrees to immediately
notify the following individual in writing:
_______________________
_______________________
_______________________
_______________________
6.4
• 1.01.05 The Contractor is responsible for determining and complying with all Federal, State
and Local Governmental laws and regulations, including, but not limited to environmental laws
and regulations (including but not limited to the Resource Conservation and Recovery Act, as
amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation
Act, CERCLA), and health and safety laws and regulations. The Contractor hereby
indemnifies, defends and holds harmless Railway for, from and against all fines or penalties
imposed or assessed by Federal, State and Local Governmental Agencies against the
Railway which arise out of Contractor's work under this Agreement.
• 1.01.06 The Contractor must notify (Agency) and Railway's Manager Public Projects,
telephone number 763-782-3476 at least thirty (30) calendar days before commencing any
work on Railway Property. Contractor’s notification to Railway must refer to Railway's file BF-
20254138.
• 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations
located with any part of the excavations located within, whichever is greater, twenty-five (25)
feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal
to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both
measured perpendicular to center line of track, the Contractor must furnish the Railway five
sets of working drawings showing details of construction affecting Railway Property and
tracks. The working drawing must include the proposed method of installation and removal of
falsework, shoring or cribbing, not included in the contract plans and two sets of structural
calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal
plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used for
determining the design loading conditions to be used in shoring design, and all calculations
and submittals must be in accordance with the current “BNSF-UPRR Guidelines for
Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered
professional engineer licensed to practice in the state the project is located. All calculations
must take into consideration railway surcharge loading and must be designed to meet
American Railway Engineering and Maintenance-of-Way Association (previously known as
American Railway Engineering Association) Coopers E-80 live loading standard. All drawings
and calculations must be stamped by a registered professional engineer licensed to practice
in the state the project is located. The Contractor must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices
such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In
no case will the Contractor be relieved of responsibility for results obtained by the
implementation of said approved plans.
• 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the
Contractor such that the work may be handled and performed in an efficient manner. The
Contractor will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
• 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter
Railway Property without first having completed Railway’s Engineering Contractor
Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor
6.4
must ensure that each of its employees, subcontractors, agents or invitees completes
Railway’s Engineering Contractor Safety Orientation through internet sessions before
any work is performed on the Project. Additionally, the Contractor must ensure that
each and every one of its employees, subcontractors, agents or invitees possesses a
card certifying completion of the Railway Contractor Safety Orientation before entering
Railway Property. The Contractor is responsible for the cost of the Railway Contractor
Safety Orientation. The Contractor must renew the Railway Contractor Safety
Orientation annually. Further clarification can be found on the web site or from the
Railway’s Representative.
1.03 Railway Requirements
• 1.03.01 The Contractor must take protective measures as are necessary to keep railway
facilities, including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or replacement
must be paid for by the Agency.
• 1.03.02 The Contractor must notify the Railway's Division Engineer Tyrel Antonich at 309-
345-6090 and provide blasting plans to the Railway for review seven (7) calendar days prior
to conducting any blasting operations adjacent to or on Railway's Property.
• 1.03.03 The Contractor must abide by the following temporary clearances during
construction:
▪ 15’-0” Horizontally from centerline of nearest track
▪ 21’-6” Vertically above top of rail
▪ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
▪ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000
volts
▪ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
▪ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Upon completion of construction, the following clearances shall be maintained:
▪ 25’ Horizontally from centerline of nearest track
▪ 23’ 6” Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's
operations must be submitted to the Railway and to the (Agency) and must not be undertaken
until approved in writing by the Railway, and until the (Agency) has obtained any necessary
authorization from the State Regulatory Authority for the infringement. No extra compensation
will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or
the State Regulatory Authority's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the
option of installing tell-tales or other protective devices Railway deems necessary for
6.4
protection of Railway operations. The cost of tell-tales or protective devices will be borne by
the Agency.
• 1.03.07 The details of construction affecting the Railway's Property and tracks not included
in the contract plans must be submitted to the Railway by (Agency) for approval before work
is undertaken and this work must not be undertaken until approved by the Railway.
• 1.03.08 At other than public road crossings, the Contractor must not move any equipment
or materials across Railway's tracks until permission has been obtained from the Railway. The
Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway
prior to moving his equipment or materials across the Railways tracks. The temporary crossing
must be gated and locked at all times when not required for use by the Contractor. The
temporary crossing for use of the Contractor will be constructed and, at the completion of the
project, removed at the expense of the Contractor.
• 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances,
oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited
and Contractor must immediately notify the Railway's Resource Operations Center at 1(800)
832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor
must not allow Railway Property to become a treatment, storage or transfer facility as those
terms are defined in the Resource Conservation and Recovery Act or any state analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must
promptly remove from the Railway's Property all of Contractor's tools, equipment, implements
and other materials, whether brought upon said property by said Contractor or any
Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause
Railway's Property to be left in a condition acceptable to the Railway's representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action
Plan:
• 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track
must develop and implement a Roadway Worker Protection/On Track Safety Program and
work with Railway Project Representative to develop an on track safety strategy as described
in the guidelines listed in the on track safety portion of the Safety Orientation. This Program
must provide Roadway Worker protection/on track training for all employees of the Contractor,
its subcontractors, agents or invitees. This training is reinforced at the job site through job
safety briefings. Additionally, each Contractor must develop and implement the Safety Action
Plan, as provided for on the web site www.BNSFContractor.com, which will be made
available to Railway prior to commencement of any work on Railway Property. During the
performance of work, the Contractor must audit its work activities. The Contractor must
designate an on-site Project Supervisor who will serve as the contact person for the Railway
and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety
Datasheets (MSDS), at the job site.
• 1.04.02 Contractor shall have a background investigation performed on all of its
employees, subcontractors and agents who will be performing any services for Railroad under
this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s
property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical
6.4
Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or
is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving
Railroad.
The required background screening shall at a minimum meet the rail industry background
screening criteria defined by the e-RAILSAFE Program as outlined at www.eVerifile.com, in
addition to any other applicable regulatory requirements.
Contractor shall obtain written consent from all its employees, subcontractors or agents
screened in compliance with the e-RAILSAFE Program to participate in the Program on their
behalf and to release completed background information to Railroad’s designee. Contractor
shall be subject to periodic audit to ensure compliance.
Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry
onto its premises or access as described in this section above to any of Contractor's
employees, subcontractors or agents who do not display the authorized identification badge
issued by a background screening service meeting the standards set forth in the e-RAILSAFE
Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to
the safety or security of Railroad's operations, assets or personnel.
Contractors shall be responsible for ensuring that its employees, subcontractors and agents
are United States citizens or legally working in the United States under a lawful and
appropriate work VISA or other work authorization.
1.05 Railway Flagger Services:
• 1.05.01 The Contractor must give Railway’s Roadmaster Kota Patton (telephone 763-
782-3209) a minimum of thirty (30) calendar days advance notice when flagging services will
be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the
flagger’s position). If flagging services are scheduled in advance by the Contractor and it is
subsequently determined by the parties hereto that such services are no longer necessary,
the Contractor must give the Roadmaster five (5) working days advance notice so that
appropriate arrangements can be made to abolish the position pursuant to union
requirements.
• 1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger
will be required and furnished when Contractor’s work activities are located over, under and/or
within twenty-five (25) feet measured horizontally from centerline of the nearest track and
when cranes or similar equipment positioned beyond 25-feet from the track centerline could
foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto
for the following conditions:
• 1.05.02a When, upon inspection by Railway’s Representative, other
conditions warrant.
6.4
• 1.05.02b When any excavation is performed below the bottom of tie
elevation, if, in the opinion of Railway's representative, track or other Railway
facilities may be subject to movement or settlement.
• 1.05.02c When work in any way interferes with the safe operation of trains at
timetable speeds.
• 1.05.02d When any hazard is presented to Railway track, communications,
signal, electrical, or other facilities either due to persons, material, equipment
or blasting in the vicinity.
• 1.05.02e Special permission must be obtained from the Railway before
moving heavy or cumbersome objects or equipment which might result in
making the track impassable.
• 1.05.03 Flagging services will be performed by qualified Railway flaggers.
• 1.05.03a Flagging crew generally consists of one employee. However,
additional personnel may be required to protect Railway Property and
operations, if deemed necessary by the Railways Representative.
• 1.05.03b Each time a flagger is called, the minimum period for billing will be
the eight (8) hour basic day.
• 1.05.03c The cost of flagger services provided by the Railway will be borne
by (Agency). The estimated cost for one (1) flagger is approximately between
$800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or
double time for overtime, rest days and holidays. The estimated cost for each
flagger includes vacation allowance, paid holidays, Railway and
unemployment insurance, public liability and property damage insurance,
health and welfare benefits, vehicle, transportation, meals, lodging, radio,
equipment, supervision and other costs incidental to performing flagging
services. Negotiations for Railway labor or collective bargaining agreements
and rate changes authorized by appropriate Federal authorities may increase
actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT
THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER
WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING
PURSUANT TO THIS PARAGRAPH.
• 1.05.03d The average train traffic on this route is 2 freight trains per 24-hour
period at a timetable speed 25 MPH and N/A passenger trains at a timetable
speed of N/A MPH.
1.06 Contractor General Safety Requirements
• 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement
of trains and equipment can occur at any time and in any direction. All work performed by
contractors within 25 feet of any track must be in compliance with FRA Roadway Worker
Protection Regulations.
6.4
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must
be conducted with all personnel involved with the task and repeated when the personnel or
task changes. If the task is within 25 feet of any track, the job briefing must include the
Railway's flagger, as applicable, and include the procedures the Contractor will use to protect
its employees, subcontractors, agents or invitees from moving any equipment adjacent to or
across any Railway track(s).
• 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on
track safety strategy approved by the Railway’s Project Representative. When authority is
provided, every contractor employee must know: (1) who the Railway flagger is, and how to
contact the flagger, (2) limits of the authority, (3) the method of communication to stop and
resume work, and (4) location of the designated places of safety. Persons or equipment
entering flag/work limits that were not previously job briefed, must notify the flagger
immediately, and be given a job briefing when working within 25 feet of the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after
normal working hours or on weekends, the Railway's representative in charge of the project
must be notified. A minimum of two employees must be present at all times.
• 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under
suspicion of being under the influence of drugs or alcohol, or in the possession of same, will
be removed from the Railway's Property and subsequently released to the custody of a
representative of Contractor management. Future access to the Railway's Property by that
employee will be denied.
• 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be
reported immediately to the Railway's representative in charge of the project. Any vehicle or
machine which may come in contact with track, signal equipment, or structure (bridge) and
could result in a train derailment must be reported immediately to the Railway representative
in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452.
Local emergency numbers are to be obtained from the Railway representative in charge of
the project prior to the start of any work and must be posted at the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms
or other deadly weapons in their possession while working on Railway's Property.
• 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet
applicable OSHA and ANSI specifications. Current Railway personnel protective equipment
requirements are listed on the web site, www.BNSFContractor.com, however, a partial list
of the requirements include: a) safety glasses with permanently affixed side shields (no yellow
lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a
defined heel; and d) high visibility retro-reflective work wear. The Railway’s representative in
charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators
must be worn as required by State and Federal regulations. (NOTE – Should there be a
discrepancy between the information contained on the web site and the information in
this paragraph, the web site will govern.)
• 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS,
6.4
MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE
NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT
BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE
CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING.
PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE
AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked
machines or equipment must be in gear with brakes set and if equipped with blade, pan or
bucket, they must be lowered to the ground. All machinery and equipment left unattended on
Railway's Property must be left inoperable and secured against movement. (See internet
Engineering Contractor Safety Orientation program for more detailed specifications)
• 1.06.11 Workers must not create and leave any conditions at the work site that would
interfere with water drainage. Any work performed over water must meet all Federal, State
and Local regulations.
• 1.06.12 All power line wires must be considered dangerous and of high voltage unless
informed to the contrary by proper authority. For all power lines the minimum clearance
between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet;
200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000
KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be
maintained. A person must be designated to observe clearance of the equipment and give a
timely warning for all operations where it is difficult for an operator to maintain the desired
clearance by visual means.
1.07 Excavation:
• 1.07.01 Before excavating, the Contractor must determine whether any underground pipe
lines, electric wires, or cables, including fiber optic cable systems are present and located
within the Project work area. The Contractor must determine whether excavation on Railway’s
Property could cause damage to buried cables resulting in delay to Railway traffic and
disruption of service to users. Delays and disruptions to service may cause business
interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF’s Field Engineering Representative Kota Patton (763-782-
3209). All underground and overhead wires will be considered HIGH VOLTAGE and
dangerous until verified with the company having ownership of the line. It is the Contractor's
responsibility to notify any other companies that have underground utilities in the area
and arrange for the location of all underground utilities before excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before
continuing excavation in the area if obstructions are encountered which do not appear on
drawings. If the obstruction is a utility and the owner of the utility can be identified, then the
Contractor must also notify the owner immediately. If there is any doubt about the location of
underground cables or lines of any kind, no work must be performed until the exact location
has been determined. There will be no exceptions to these instructions.
• 1.07.03 All excavations must be conducted in compliance with applicable OSHA
6.4
regulations and, regardless of depth, must be shored where there is any danger to tracks,
structures or personnel.
• 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered,
guarded and/or protected when not being worked on. When leaving work site areas at night
and over weekends, the areas must be secured and left in a condition that will ensure that
Railway employees and other personnel who may be working or passing through the area are
protected from all hazards. All excavations must be back filled as soon as possible.
1.08 Hazardous Waste, Substances and Material Reporting:
• 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or
other deleterious material, including but not limited to any non-containerized commodity or
material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands
or waterways, while performing any work under this Agreement, Contractor must immediately:
(a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery:
(b) take safeguards necessary to protect its employees, subcontractors, agents and/or third
parties: and (c) exercise due care with respect to the release, including the taking of any
appropriate measure to minimize the impact of such release.
1.09 Personal Injury Reporting
• 1.09.01 The Railway is required to report certain injuries as a part of compliance with
Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained
by an employee of the Contractor, subcontractor or Contractor's invitees while on the
Railway's Property must be reported immediately (by phone mail if unable to contact in
person) to the Railway's representative in charge of the project. The Non-Employee Personal
Injury Data Collection Form contained herein is to be completed and sent by Fax to the
Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than the
close of shift on the date of the injury.
6.4
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile
accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that
injuries relate to that specific event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including
company vehicles)
Contractor/safety sensitive (F) Contractor/non-safety sensitive (G)
Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not
go around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around
or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM
DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490
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Contract Number: BF-20249365
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT
INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St: 2. Date: Time:
County: 3. Temperature: 4. Weather:
(if non BNSF location)
Mile Post / Line Segment:
5. Driver’s License No (and state) or other ID: SSN (required):
6. Name (last, first, mi):
7. Address: City: St: Zip:
8. Date of Birth: and/or Age: Gender:
(if available)
Phone Number: Employer:
Zip:
9. Injury: 10. Body Part:
(i.e., Laceration, etc.) (i.e., Hand, etc.)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment
13. Dr. Name: Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
6.4
Contract Number: BF-20249365
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EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ___________________________________
Agency Project: ___________________________________
_________________________________________________(hereinafter called “Contractor”),
has entered into an agreement (hereinafter called “Agreement”) dated ______________, 202___,
with the CITY OF CRYSTAL for the performance of certain work in connection with the following
project: reconstruction of the railroad crossing surface approaches and associated traffic control
at Corvallis Ave (DOT 095629M) in Crystal, MN. Performance of such work will necessarily require
Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and
property (hereinafter called "Railway Property"). The Agreement provides that no work will be
commenced within Railway Property until the Contractor employed in connection with said work
for the CITY OF CRYSTAL (i) executes and delivers to Railway an Agreement in the form hereof,
and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3
herein. If this Agreement is executed by a party who is not the Owner, General Partner, President
or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the
signatory is empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway
Property and as an inducement for such entry, Contractor, effective on the date of the Agreement,
has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for
all judgments, awards, claims, demands, and expenses (including attorneys' fees), for
injury or death to all persons, including Railway's and Contractor's officers and employees,
and for loss and damage to property belonging to any person, arising in any manner from
Contractor's or any of Contractor's subcontractors' acts or omissions or any work
performed on or about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY
CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE
DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS,
6.4
Contract Number: BF-20249365
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EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS
NEGLIGENCE OF RAILWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES
ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE
FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT
LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE
INSPECTION ACT, WHENEVER SO CLAIMED.
Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will
adjust and settle all claims made against Railway, and will, at Railway's discretion, appear
and defend any suits or actions of law or in equity brought against Railway on any claim
or cause of action arising or growing out of or in any manner connected with any liability
assumed by Contractor under this Agreement for which Railway is liable or is alleged to
be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of
such claims and thereupon Contractor must proceed to adjust and handle to a conclusion
such claims, and in the event of a suit being brought against Railway, Railway may forward
summons and complaint or other process in connection therewith to Contractor, and
Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect,
indemnify, and save harmless Railway from and against all damages, judgments, decrees,
attorney's fees, costs, and expenses growing out of or resulting from or incident to any
such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any portion of
this Article shall be deemed to be inapplicable for any reason, including without limitation
as a result of a decision of an applicable court, legislative enactment or regulatory order,
the parties agree that this Article shall be interpreted as requiring Contractor to indemnify
Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT
THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY
FOR RAILWAY’S ACTS OF NEGLIGENCE.
It is mutually understood and agreed that the assumption of liabilities and indemnification
provided for in this Agreement survive any termination of this Agreement.
2) TERM
This Agreement is effective from the date of the Agreement until (i) the completion of the
project set forth herein, and (ii) full and complete payment to Railway of any and all sums
or other amounts owing and due hereunder.
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Contract Number: BF-20249365
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3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $2,000,000 each
occurrence and an aggregate limit of at least $4,000,000 but in no event less than the
amount otherwise carried by the Contractor. Coverage must be purchased on a post
2004 ISO occurrence form or equivalent and include coverage for, but not limit to the
following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on
the certificate of insurance:
The definition of insured contract shall be amended to remove any exclusion
or other limitation for any work being done within 50 feet of railroad property.
Waver of subrogation in favor of and acceptable to Railway.
Additional insured endorsement in favor of and acceptable to Railway.
Separation of insureds.
The policy shall be primary and non-contributing with respect to any insurance
carried by Railway.
It is agreed that the workers’ compensation and employers’ liability related
exclusions in the Commercial General Liability insurance policy(s) required herein
are intended to apply to employees of the policy holder and shall not apply to
Railway employees.
6.4
Contract Number: BF-20249365
20 of 26
No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being performed
under this agreement.
B. Business Automobile Insurance. This insurance shall contain a combined single limit of
at least $1,000,000 per occurrence, and include coverage for, but not limited to the
following:
Bodily injury and property damage
Any and all vehicles owned, used or hired
The policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railway.
Additional insured endorsement in favor of and acceptable to Railway.
Separation of insureds.
The policy shall be primary and non-contributing with respect to any insurance
carried by Railway.
C. Workers Compensation and Employers Liability insurance including coverage for, but
not limited to:
Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be
indicated on the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Railway.
6.4
Contract Number: BF-20249365
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A. Railroad Protective Liability insurance naming only the Railway as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The
policy Must be issued on a standard ISO form CG 00 35 12 04 and include the
following:
Endorsed to include the Pollution Exclusion Amendment
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
No other endorsements restricting coverage may be added.
The original policy must be provided to the Railway prior to performing any
work or services under this Agreement
Definition of “Physical Damage to Property” shall be endorsed to read: “means
direct and accidental loss of or damage to all property owned by any named
insured and all property in any named insured’ care, custody, and control
arising out of the acts or omissions of the contractor named on the
Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if
available) in Railway’s Blanket Railroad Protective Liability Insurance Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages.
Contractor agrees to waive its right of recovery against Railway for all claims and suits
against Railway. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Railway for all claims and suits.
Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railway for loss of its owned or leased property or property under
Contractor’s care, custody or control.
Allocated Loss Expense shall be in addition to all policy limits for coverages referenced
above.
6.4
Contract Number: BF-20249365
22 of 26
Contractor is not allowed to self-insure without the prior written consent of Railway. If
granted by Railway, any self-insured retention or other financial responsibility for claims
shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities
that would otherwise, in accordance with the provisions of this Agreement, be covered by
Contractor’s insurance will be covered as if Contractor elected not to include a deductible,
self-insured retention or other financial responsibility for claims.
Prior to commencing services, Contractor shall furnish to Railway an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments. The certificate should be directed to the
following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Email: BNSF@certfocus.com
www.certfocus.com
Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration.
Any insurance policy shall be written by a reputable insurance company acceptable to
Railway or with a current Best’s Guide Rating of A- and Class VII or better, and authorized
to do business in the state(s) in which the service is to be provided.
If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain
coverage in force for a minimum of three years after expiration, cancellation or termination
of this Agreement. Annually Contractor agrees to provide evidence of such cover age as
required hereunder.
Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s
insurance agent(s)/broker(s), who have been instructed by Contractor to procure the
insurance coverage required by this Agreement.
Not more frequently than once every five years, Railway may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
6.4
Contract Number: BF-20249365
23 of 26
If any portion of the operation is to be subcontracted by Contractor, Contractor shall
require that the subcontractor shall provide and maintain insurance coverage(s) as set
forth herein, naming Railway as an additional insured, and shall require that the
subcontractor shall release, defend and indemnify Railway to the same extent and under
the same terms and conditions as Contractor is required to release, defend and indemnify
Railway herein.
Failure to provide evidence as required by this section shall entitle, but not require,
Railway to terminate this Agreement immediately. Acceptance of a certificate that does
not comply with this section shall not operate as a waiver of Contractor's obligations
hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor including,
without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railway shall not be limited by the amount of the required insurance
coverage.
In the event of a claim or lawsuit involving Railway arising out of this agreement,
Contractor will make available any required policy covering such claim or lawsuit.
These insurance provisions are intended to be a separate and distinct obligation on the
part of the Contractor. Therefore, these provisions shall be enforceable and Contractor
shall be bound thereby regardless of whether or not indemnity provisions are determined
to be enforceable in the jurisdiction in which the work covered hereunder is performed.
For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”,
“BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of
each.
4) SALES AND OTHER TAXES
In the event applicable sales taxes of a state or political subdivision of a state of the United
States are levied or assessed in connection with and directly related to any amounts
invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be responsible for paying
only the Sales Taxes that Contractor separately states on the invoice or other billing
documents provided to Railway; provided, however, that (i) nothing herein shall preclude
Railway from claiming whatever Sales Tax exemptions are applicable to amounts
Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise,
consumption, services and other taxes which may accrue on all services, materials,
equipment, supplies or fixtures that Contractor and its subcontractors use or consume in
the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes
6.4
Contract Number: BF-20249365
24 of 26
(together with any penalties, fines or interest thereon) that Contractor fails to separately
state on the invoice or other billing documents provided to Railway or fails to collect at the
time of payment by Railway of invoiced amounts (except where Railway claims a Sales
Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with
any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for
each state in which Contractor delivers goods, provides services or, if applicable, transfers
intangible rights to Railway.
Upon request, Contractor shall provide Railway satisfactory evidence that all taxes
(together with any penalties, fines or interest thereon) that Contractor is responsible to pay
under this Agreement have been paid. If a written claim is made against Contractor for
Sales Taxes with respect to which Railway may be liable for under this Agreement,
Contractor shall promptly notify Railway of such claim and provide Railway copies of all
correspondence received from the taxing authority. Railway shall have the right to contest,
protest, or claim a refund, in Railway’s own name, any Sales Taxes paid by Railway to
Contractor or for which Railway might otherwise be responsible for under this Agreement;
provided, however, that if Railway is not permitted by law to contest any such Sales Tax
in its own name, Contractor shall, if requested by Railway at Railway’s sole cost and
expense, contest in Contractor’s own name the validity, applicability or amount of such
Sales Tax and allow Railway to control and conduct such contest.
Railway retains the right to withhold from payments made under this Agreement amounts
required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a
withholding exemption or a reduction in the withholding rate of any jurisdiction on any
payments under this Agreement, before any payments are made (and in each succeeding
period or year as required by law), Contractor agrees to furnish to Railway a properly
completed exemption form prescribed by such jurisdiction. Contractor shall be responsible
for any taxes, interest or penalties assessed against Railway with respect to withholding
taxes that Railway does not withhold from payments to Contractor.
1) EXHIBIT “C” CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements
and limitations contained in the Agreement, and the Contractor Requirements set forth on
Exhibit “C” attached to the Agreement and this Agreement, including, but not be limited to,
payment of all costs incurred for any damages to Railway roadbed, tracks, and/or
appurtenances thereto, resulting from use, occupancy, or presence of its employees,
representatives, or agents or subcontractors on or about the construction site. Contractor
shall execute a Temporary Construction Crossing Agreement or Private Crossing
Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any
temporary crossing requested to aid in the construction of this Project, if approved by
BNSF.
6.4
Contract Number: BF-20249365
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2) TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against all
damages arising from any unscheduled delay to a freight or passenger train which affects
Railway's ability to fully utilize its equipment and to meet customer service and contract
obligations. Contractor will be billed, as further provided below, for the economic losses
arising from loss of use of equipment, contractual loss of incentive pay and bonuses and
contractual penalties resulting from train delays, whether caused by Contractor, or
subcontractors, or by the Railway performing work under this Agreement. Railway agrees
that it will not perform any act to unnecessarily cause train delay.
For loss of use of equipment, Contractor will be billed the current freight train hour rate per
train as determined from Railway's records. Any disruption to train traffic may cause
delays to multiple trains at the same time for the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other
grain, intermodal, coal and freight trains operate under incentive/penalty contracts
between Railway and its customer(s). Under these arrangements, if Railway does not
meet its contract service commitments, Railway may suffer loss of performance or
incentive pay and/or be subject to penalty payments. Contractor is responsible for any
train performance and incentive penalties or other contractual economic losses actually
incurred by Railway which are attributable to a train delay caused by Contractor or its
subcontractors.
The contractual relationship between Railway and its customers is proprietary and
confidential. In the event of a train delay covered by this Agreement, Railway will share
information relevant to any train delay to the extent consistent with Railway confidentiality
obligations. The rate then in effect at the time of performance by the Contractor hereunder
will be used to calculate the actual costs of train delay pursuant to this agreement.
Contractor and its subcontractors must give Railway’s representative Kota Patton 763-
782-3209 (4) weeks advance notice of the times and dates for proposed work windows.
Railway and Contractor will establish mutually agreeable work windows for the project.
Railway has the right at any time to revise or change the work windows due to train
operations or service obligations. Railway will not be responsible for any additional costs
or expenses resulting from a change in work windows. Additional costs or expenses
resulting from a change in work windows shall be accounted for in Contractor’s expenses
for the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
6.4
Contract Number: BF-20249365
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IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed
by its duly authorized officer the day and year first above written.
______________________________
Contractor Legal Name BNSF Railway Company
By: ________________________________ By: ________________________________
Printed Name: _______________________ Name: _____________________________
Manager Public Projects
Title: _______________________________
Accepted and effective this ______day of 20__.
Contact Person: ______________________
Address: ___________________________
City: _______________________________
State: _________ Zip: _________________
Fax: _______________________________
Phone: _____________________________
E-mail: _____________________________
6.4
RESOLUTION NO. 2023- ___
AUTHORIZING THE CROSSING SURFACE INSTALLATION AGREEMENT
WITH BNSF
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, BNSF has contacted the City about replacing the Corvallis Ave
crossing surface in 2024; and
WHEREAS, the City has allocated funding in the Street Improvement Fund for
such work.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
authorizes the Crossing Surface Installation Agreement with BNSF.
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 18th day of July, 2023.
_____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Christina Serres, City Clerk
6.4
Memorandum
DATE: July 18, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Establishing Drought Warning Phase response actions
Background
Currently Hennepin County is in a Moderate Drought intensity
(https://droughtmonitor.unl.edu/CurrentMap/StateDroughtMonitor.aspx?fips_27053) and the
flows in the Mississippi River at Hwy 610 are between 3,000 and 3,200 cubic feet per second
(CFS) as of July 10th (https://waterdata.usgs.gov/monitoring-
location/05288500/#parameterCode=00060&period=P7D). Per the Minnesota Statewide
Drought Plan, should the flow of the Mississippi drop below 2,000 CFS for five consecutive days
the we will be in a Drought Warning Phase and be required to implement water use restrictions
with the goal being for water use to be 150% of the January water use levels.
City Actions
Should the Drought Warning Phase of the plan go into effect, Crystal will coordinate with New
Hope and Golden Valley for consistent communication messages for all our property owners
collectively. Each of the three cities plan on using existing enforcement methods and
established fines in their fee schedules for their enforcement actions. While the methods (who
enforces, etc.) and fine values may be different for each City, the sequence is the same for
properties found in violation:
1)Education
2)Warning
3)Fine
4)Fine progressively increases
In 2021, the last time the Drought Warning Phase went into effect, Council direction was that
water restriction violations will be classified as “Level One Violation”. The fines start at $75 per
occurrence and increase to $130 by the 4th violation per the adopted fee schedule.
Additionally, the proposed Council action:
1)Authorizes the even/odd outdoor watering restriction with the additional noon to 6pm
daily restriction should the Drought Warning Phase go into effect.
6.5
2) Authorizes staff to impose additional watering restrictions as needed to be consistent
with Minneapolis (per the JWC agreement with Minneapolis) should the Drought
Warning Phase go into effect.
3) Authorizes the current administrative citation and fine process for enforcement of the
watering restrictions should the Drought Warning Phase go into effect.
Attachments
• Minnesota Statewide Drought Plan
Requested Council Action
Motion to approve the resolution establishing Drought Warning Phase response actions.
6.5
Minnesota Statewide Drought Plan
This plan provides a framework for preparing for and responding to
droughts to minimize conflicts and negative impacts on Minnesota's
natural resources and economy.
Statewide Drought Plan watersheds:
Red 0902
Rainy 0903
Western Lake Superior 0401
Mississippi Headwaters 0701
St. Croix 0703
Minnesota 0702
Upper Mississippi-Black-Root 0704
Upper Mississippi-Maquoketa-Plum 0706
Upper Mississippi-Iowa-Skunk-Wapsipinicon 0708
Des Moines 0710
Missouri-Little Sioux 1023
Missouri-Big Sioux 1017
6.5
STATEWIDE DROUGHT PLAN MATRIX
Drought Phase/Triggers State and Federal Actions Water Users and Suppliers Actions
NON-DROUGHT PHASE
A significant portion of the watershed
(see map) is not under drought
conditions according to the U.S.
Drought Monitor.
The U.S. Drought Monitor is a weekly index
depicting the location and intensity of drought
conditions using a blend of quantitative and
qualitative indicators. Drought conditions
referenced in this plan are keyed to the U.S.
Drought Monitor.
http://drought.unl.edu/dm/monitor.html
Develop/maintain precipitation,
stream flow, ground water and
water quality monitoring programs.
Conduct state and regional water
studies and coordinate actions.
Assist water suppliers and other
users in developing conservation
measures.
Continue and improve water
conservation education.
Develop/update/implement water supply
plans (including drought preparedness and
response and water conservation programs).
Adopt conservation rate structures and
ordinances.
Establish mutual aid agreements,
interconnections, conservation education,
redundant/alternative supplies, etc.
Minimize water supply system losses and
improve water use efficiency.
DROUGHT WATCH PHASE
A significant portion of the watershed
(see map) is “Abnormally Dry” or in a
“Moderate Drought”.
Inform Drought Task Force of
conditions.
Intensify selected monitoring
activities.
Initiate public awareness.
Notify water suppliers of moderate
drought conditions.
Monitor Mississippi River flows
and coordinate with the U.S. Army
Corps of Engineers (USACE) and
hydropower facility owners.
Monitor potential conflicts and problems
and notify DNR of source conflicts.
Public water suppliers provide conservation
information and request customers to
implement voluntary measures to reduce
water use.
DROUGHT WARNING PHASE
A significant portion of the watershed
(see map) is in a “Severe Drought”, or
for public water suppliers using the
Mississippi River, the average daily
flow at the USGS gage near Anoka is
at or below 2000 cfs for five
consecutive days.
Convene Drought Task Force.
Increase public drought awareness.
Notify water suppliers of severe
drought conditions.
Monitor implementation of the
Mississippi River System-Wide
Low-Flow Management Plan.
Public water suppliers implement
appropriate water use restrictions contained
in their water supply plans.
Other water users implement appropriate
conservation measures.
Public water suppliers implement water use
reduction actions with a goal of reducing
water use to 50% above January levels.
Dam operators implement the Mississippi
river System-Wide Low-Flow Management
Plan.
RESTRICTIVE PHASE
A significant portion of the watershed
(see map) is in an “Extreme
Drought”, or for public water suppliers
using the Mississippi River, the
average daily flow at the USGS gage
near Anoka is at or below 1500 cfs for
five consecutive days.
Notify water suppliers of extreme
drought conditions.
Closely monitor river flows.
Continue drought awareness efforts
to encourage conservation.
Follow MDNR allocation restrictions.
Public water suppliers implement water use
reduction actions with a goal of reducing
water use to 25% above January levels.
All appropriators conserve water and
minimize non-essential water uses.
EMERGENCY PHASE
A significant portion of the watershed
(see map) is in an “Exceptional
Drought”, or highest priority water
supply needs are not being met, or
there are threatened or actual electricity
shortages due to cooling water supply
shortages, or for public water suppliers
in the Twin Cities, the average daily
flow of the Mississippi River USGS
gage near Anoka is at or below 1000
cfs for five consecutive days.
Advise Governor on need for
emergency declaration.
Minnesota Division of Homeland
Security and Emergency
Management implements MN
Emergency Operations Plan
(MEOP).
Consider request to the USACE for
the release of water from the
Mississippi River Headwaters
Reservoirs.
Public water suppliers implement
mandatory water use reduction actions with
a goal of reducing water use to January
levels.
Limit water used based on highest priorities
defined in Minnesota Statutes 103G.261.
Implement measures consistent with an
emergency declaration.
Provide bottled water, hauled water, and
sanitations supplies to users, as needed.
6.5
Responsibilities, Plans and Actions Related to Drought Planning
Minnesota Statewide Drought Plan
Legislation enacted in 1990 mandated the Department of Natural Resources (DNR) to prepare a drought plan. Minnesota
Statutes (MS), Section 103G.293 states:
"The commissioner shall establish a plan to respond to drought-related emergencies and to prepare a statewide
framework for drought response. The plan must consider metropolitan water supply plans of the metropolitan
council prepared under section 473.156. The plan must provide a framework for implementing drought response
actions in a staged approach related to decreasing levels of flow. Permits issued under 103G.261 must provide
conditions on water appropriation consistent with the drought response plan established by this section."
The attached Drought Plan table outlines the staged approach for implementing drought response actions.
Major Participants
State, Federal and local agencies, along with water users and suppliers in Minnesota, all have responsibilities before and
during times of drought. In addition to ongoing studies and coordination efforts, the primary responsibilities of the major
participants are:
MN DNR – DNR Waters is responsible for maintaining and updating the StatewideDrought Plan, monitoring and
communicating drought conditions, as well as for convening the State Drought Task Force. DNR Waters
regulates water use by permit (water appropriation) and by requiring Water Supply Plans for public water
suppliers serving more than 1,000 people. Other DNR divisions monitor drought impacts on forestry, wildlife
and fisheries.
Metropolitan Council – the Metropolitan Council is responsible for development of a regional master water
supply plan for the seven-county metropolitan area and reviews local water supplies as part of community
comprehensive plans.
U.S. Army Corps of Engineers – the USACE operates reservoirs in 3 river systems in Minnesota primarily for
commercial navigation, flood control and/or navigation (Minnesota River, Red River of the North and the
Mississippi River). The Mississippi River headwaters reservoirs have been studied for purposes of water
releases during times of drought. Under the USACE operations plans, emergency releases may be done only
under certain conditions to meet health and safety needs and in consultation with the federal Bureau of Indian
Affairs, the Minnesota Chippewa Tribal government, and the MN DNR. The USACE also helps with
preparedness and equipment.
Water Users and Suppliers – local communities and water users must implement conservation measures as
required by DNR Waters and Met Council.
Governor of Minnesota – the Governor is empowered to declare a critical water deficiency by executive order.
(103G.291 Subd.1)
Other Participants and their capabilities
Department of Public Safety, Homeland Security and Emergency Management (HSEM) – Public information and response
coordination
Pollution Control Agency – Public information, response procedures, exercise capabilities, data collection
National Weather Service – Weather and hydrologic forecasts and warnings
Department of Agriculture – Assistance with crop and other farming-related drought issues
Department of Health – Public Water Supply
Board of Water and Soil Resources (BWSR) – technical and financial assistance to agricultural producers
Related Plans
Local Water Supply Plans – address projected demands, adequacy of the water supply system and planned
improvements, existing and future water sources, natural resource impacts or limitations, emergency preparedness,
water conservation, supply and demand reduction measures, and allocation priorities. Met Council oversees those
in the 7-county metro area.
Mississippi River System-Wide Low-Flow Management Plan – A plan conceived by the DNR, the USACE and
the hydropower facilities along the Mississippi River upstream of St. Paul, the primary purpose of which is to help
ensure run-of-river operations during low flow periods and coordination among the hydropower facility operators.
MN Emergency Operations Plan (MEOP) – The MEOP addresses drought as well as other natural hazards. The
plan responds to potential emergencies (nuclear power plants, etc.) as they relate to extreme drought conditions.
6.5
STATE DROUGHT TASK FORCE
Purpose and Role
The State Drought Task Force is convened, as defined in the Restrictive Phase of the Drought Table, to provide
coordination and communication between agencies and institutions affected by drought and to provide a central
source for the news media. The Task Force could also be called together at other times as needed to serve as a
forum for discussion of drought management plans and policies. In cases of more localized drought conditions,
the Director of DNR Waters may bring appropriate parties together on a Regional Drought Task Force for the
same purposes.
Members
DNR Waters Director/Assistant Director
DNR Waters State Climatologist
DNR Wildlife Director
DNR Forestry Wildfire Suppression Supervisor
Board of Water and Soil Resources Executive Director
Department of Agriculture Director, Agronomy & Plant Protection
Department of Agriculture State Statistician
Department of Health Director, Drinking Water Protection
Department of Public Safety Director, Homeland Security and Emergency Mgmt
Department of Transportation Director, Environmental Services
Minnesota Planning Director, Local Planning Assistance
Pollution Control Agency Director, Environmental Outcomes
University of Minnesota Climatologist/Meteorologist, Extension Service
Metropolitan Council General Manager, Environmental Services
National Weather Service Meteorologists-in Charge
North Central River Forecast Center Hydrologist-in-Charge, Chanhassen
U.S. Army Corps of Engineers Chief, Water Control Section
U.S. Department of Agriculture Executive Director, MN Farm Service Agency
U.S. Department of Agriculture State Conservationist, NRCS
U.S. Geological Survey Director, Minnesota Water Science Center
American Waterworks Association Water Utilities Council
Association of Minnesota Counties (AMC) Executive Director
Hospitality Minnesota Executive Vice President
Last modified: April 29, 2009 - MNDNR Division of Waters
6.5
RESOLUTION NO. 2023- _______
A RESOLUTION ESTABLISHING DROUGHT WARNING PHASE RESPONSE ACTIONS
WHEREAS, the City is a member of the Joint Water Commission (“Commission”) with the
Cities of New Hope and Golden Valley to provide water within their communities and the cities obtain
their water by agreement with the City of Minneapolis; and
WHEREAS, should the Drought Warning Phase be declared for public water suppliers using the
Mississippi River, the City will impose an even-odd lawn sprinkling limit to align with the restrictions
imposed by Minneapolis as required by the agreement with Minneapolis and as provided in Subsection
715.19 of the Crystal City Code; and
WHEREAS, the City will engage in public outreach and education regarding the watering
restrictions and will issue administrative citations if owners fail to comply with violation warnings issued
by the City; and
WHEREAS, the education, warning, and then progressive civil penalties approach adopted in this
Resolution are similar to approaches being adopted by the other cities in the Commission.
NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council that if the Drought
Warning Phase should go into effect, the following will take place:
1. The even-odd water restrictions imposed within the City are hereby approved and ratified.
Additionally, no outdoor watering is permitted between noon and 6pm on any day.
2. To remain in compliance with the water agreement with Minneapolis and Subsection 715.29,
City staff are authorized to impose additional outdoor watering restrictions as may be needed
to remain consistent with the restrictions imposed by Minneapolis. If there are any changes to
the restrictions, or if the restrictions are lifted, the City shall make a concerted effort to notify
the residents of the changes.
3. City staff are authorized to issue an administrative citation if an owner or occupant commits a
second violation of the water restrictions after having received at least one warning. The
administrative citations shall be issued in accordance with Section 306 of the Crystal City
Code. A citation shall initially be issued as a Level One Violation under the City’s fee
schedule. An administrative citation issued for each subsequent violation citation shall carry
the civil penalty associated with the next penalty level in the progression. The civil penalties
imposed by the administrative citations shall be collected as provided Section 306.
Adopted by the Crystal City Council this 18th day of July 2023.
____________________________
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.5
4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION
PAGE 1 OF 5
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Adam R. Bell, City Manager (for July 18 Meeting)
DATE: July 13, 2023
RE: Consider adoption of a resolution approving a variance request from Daniel
Pryde to the lot width and residential density requirements to allow a two-
family dwelling at 4309 Colorado Avenue North
A.BACKGROUND
Daniel Pryde, who has recently purchased the building at 4309 Colorado Avenue North,
has applied for variances to reduce the minimum lot width and increase density
requirements to allow an existing large single-family home to be converted back into a
two-family dwelling, which was its previous use. The property is zoned Low Density
Residential (R-1).
Notice of the July 10 public hearing was published in the Sun Post on June 29 and
mailed to property owners, renters and commercial tenants within 500 feet (see
attachment A), and posted to all neighborhoods on Nextdoor. A sign was also posted
on the property.
At the July 10 Planning Commission public hearing, the Commission recommended
approval of the variance application. No one from the public provided comments on the
variance.
Attachments:
A.Site location map showing public hearing notification area.
B.Existing zoning map.
C.Project narrative submitted by applicant.
D.Current property photos.
E.Property survey showing existing lot width
F.Original floor plans (two-family dwelling)
G.Resolution
COUNCIL STAFF REPORT
Variance for 4309 Colorado Avenue North
6.6
4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION
PAGE 2 OF 5
2021 Aerial Photo:
B. VARIANCE REQUEST
Property history
The existing residential building at 4309 Colorado, which is located on a 10,003 sq. ft.
lot, was constructed in 1984 as a two-family dwelling which was allowed by the city’s
zoning regulations because the property was zoned R-3. In 1991 the common walls
between the two units were removed making the building a single-family home so that
the residence could be used as a large group home. When the city subsequently rezoned
the property to R-1, the property lost its ability to be used for a two-family dwelling.
6.6
4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION
PAGE 3 OF 5
Proposed variances
The applicant is proposing to restore the interior walls to make two separate units. In
order to convert the building back to a two-family dwelling, the applicant is requesting
the following two variances:
➢ Lot width. Reduce minimum lot width for a two-family dwelling in the R-1 district
from 80’ to 76’
➢ Residential density. Increase the maximum density for the property from six to
seven units per gross acre, according to the following calculation of gross
density:
10,003 sq. ft. Size of the lot as shown on the property survey dated June
7, 2023.
+ 2,292 sq. ft. Colorado Avenue right-of-way to the centerline
= 12,295 sq. ft. Total area included in the density calculation (gross density)
= 6,148 sq. ft. Gross area per unit (12,295 / 2 units)
There are 43,560 sq. ft. in one acre
43,560 / 6,148 = 7.08 units per gross acre which is more than 6
At this time the applicant is not proposing to enlarge the building. Minimum parking
requirements are met since there are existing two-car garages for each proposed unit on
the property.
If the variance is approved, the building will be addressed as 4303 and 4309 Colorado
Ave N., which is the same way it was addressed prior to 1991.
C. RECOMMENDED FINDINGS
The following are the relevant approval criteria for these variances as outlined in city code
section 510.33, followed by staff response:
a) Variances shall only be permitted when they ar e in harmony with the general
purposes and intent of the official control and when the terms of the variances
are consistent with the comprehensive plan.
Response: The intent of the city’s zoning ordinance is to provide for
regulations to promote orderly development that allows for adequate
access to light, air, and convenient access to property. The approval of a
variance to reduce the lot width and to increase the residential density
from 6 to 7 units per gross acre will not impede access to adequate light or
air for adjacent properties or for the existing building.
6.6
4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION
PAGE 4 OF 5
If the variances are approved, the two-family dwelling will be in
conformance to the Comprehensive Plan’s Low Density Residential future
land use designation. This category includes single and two-family
dwellings.
b) Variances shall only be permitted when the City Council finds that strict
enforcement of specific provisions of this section would create practical
difficulties due to circumstances unique to a particular property under
consideration. Practical difficulties, as used in connection with the granting of a
variance, means that the property owner:
1) proposes to use the property in a reasonable manner not permitted
by an official control; and
2) the plight of the landowner is due to circumstances unique to the
property not created by the landowner; and
3) the variance, if granted, will not alter the essential character of the
locality.
Response:
The use of the subject property for a two-family dwelling is a reasonable
use given its location between another two-family dwelling and a grocery
store.
The approval of the variance means that the city recognizes the reality that
a two-family dwelling was allowed in 1984 and that this building is unlikely
to be demolished. Since the footprint of the building is not proposed to
change, and the required number of parking spaces are provided for both
units, the essential character of the surrounding area will not change if the
variance is approved.
The existing lot at 4309 Colorado meets the minimum lot area and depth for
a two-family dwelling, and the existing building location far exceeds the
required side yard setbacks, allowing for adequate open space between
neighboring properties.
c) Economic considerations alone do not constit ute practical difficulties.
Response: The applicant has expressed that the reason for the variance
is to convert the building back to its original design as a two-family
dwelling. Its current use as a six-bedroom house is contrary to the way it
was originally built and laid out. Therefore economic considerations
alone are not the sole reason for requesting this variance.
6.6
4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION
PAGE 5 OF 5
D. REQUESTED ACTION
At the July 10, 2023 Planning Commission public hearing, the Commission
recommended approval of the variance by a vote of 8 to 1, subject to the following
conditions of approval:
1. Compliance. The variances are subject to the applicable requirements of the
Crystal City Code. The applicant is required to comply with all applicable federal,
state, and local laws, rules, regulations and ordinances and is required to obtain
such other permits and permissions as may be required.
2. No Waiver. Failure by the city to take action with respect to any violation of any
condition, covenant or term of the variance shall not be deem ed to be a waiver of
such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
3. Binding Effect. This variance, and the conditions placed on its approval, are binding
on the applicant, the applicant’s successors and assigns, shall run with the property,
and shall not in any way be affected by the subsequent sale, lease, or other change
from current ownership. The obligations of the applicant under this approval shall
also be the obligations of the current and any subsequent owners of the property.
4. Acceptance of Conditions. Utilization of the property for any of the uses allowed by
this variance shall automatically be deemed acceptance of, and agreement to, its
terms and conditions without qualification, reservation, or exception.
City Council motion to approve the proposed resolution (attachment G) is requested.
6.6
Site Location and Public Hearing Notice Mailing Map
4309 Colorado Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
6.6
Zoning Map
4309 Colorado Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
6.6
Attachment C 6.6
Front
(East side) -
Facing
Colorado
Avenue N
Rear
(West side)
Attachment D 6.6
Attachment E
6.6
Attachment F6.6
6.6
6.6
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023-________
RESOLUTION APPROVING VARIANCES FOR THE
PROPERTY LOCATED AT 4309 COLORADO AVENUE NORTH
WHEREAS, Daniel Pryde (“Applicant”) submitted an application for approval of certain
variances for the property located at 4309 Colorado Avenue North, and which is legally
described in the attached Exhibit A (“Property”); and
WHEREAS, the requested variances would allow the existing residential building on the
Property to be used as a two-family dwelling by reducing the minimum lot width and increasing
the allowed residential density as required in the City’s Unified Development Code (“UDC”),
which is contained in Chapter V of the Crystal City Code. The requested variances (collectively,
the “Variances”) are:
➢Lot width. Reduce minimum lot width from 80’ to 76’; and
➢Residential density: Increase the residential density from 6 to 7 units per gross
acre.
WHEREAS, requests for variances are processed and acted on in accordance with
Subsection 510.33 of the UDC; and
WHEREAS, the Planning Commission, after the required notice having been provided,
held a public hearing regarding the requested Variances on July 10, 2023 and voted to forward
the application to the City Council with a recommendation that the Variances be approved with
certain conditions; and
WHEREAS, the City Planner’s report dated July 13, 2023 (“Staff Report”) regarding this
matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this
approval, except that the conditions set out below are controlling; and
WHEREAS, the City Council finds that the Applicant’s Variance request satisfies the
relevant criteria in Subsection 510.33, subd. 3 of the UDC and that the Applicant has sufficiently
demonstrated that practical difficulties exist under the present circumstances to support the
issuance of the requested Variances under the applicable rules and regulations of the Crystal City
Code and Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal,
based on the recommendation of the Planning Commission, the Staff Report, the record of this
matter, and the findings and determinations contained herein, hereby approves and issues the
following Variances with respect to the existing residential building located at 4309 Colorado
Avenue North:
Attachment G
6.6
➢ Lot width. Reduce minimum lot width from 80’ to 76’
➢ Residential density: Increase the residential density from 6 to 7 units per gross
acre
The Variances granted herein are subject to compliance with all of the following conditions of
approval:
1. Compliance. The Variances are subject to the applicable requirements of the Crystal
City Code. The Applicant is required to comply with all applicable federal, state, and
local laws, rules, regulations, and ordinances and is required to obtain such other
permits and permissions as may be required.
2. No Waiver. Failure by the City to take action with respect to any violation of any
condition, covenant or term of the Variances shall not be deemed to be a waiver of
such condition, covenant, or term or any subsequent violation of the same or any other
condition, covenant, or term.
3. Binding Effect. The Variances granted herein, and the conditions placed on their
approval, are binding on the Applicant, the Applicant’s successors and assigns, shall
run with the Property, and shall not in any way be affected by the subsequent sale,
lease, or other change from current ownership. The obligations of the Applicant
under this approval shall also be the obligations of the current and any subsequent
owners of the Property.
4. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by
the Variances granted herein shall automatically be deemed acceptance of, and
agreement to, its terms and conditions without qualification, reservation, or exception.
Adopted by the Crystal City Council this 18th day of July 2023.
____________________________
Jim Adams, Mayor
ATTEST:
___________________________
Chrissy Serres, City Clerk
6.6
EXHIBIT A
Legal Description of the Property
Lot 2, Block 1, Lois 8th Addition, Hennepin County, Minnesota.
6.6
EXHIBIT B
Planner’s Report
(attached hereto)
6.6
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: July 12, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Jason Minnick, Facilities Manager
SUBJECT: Professional Services for the Crystal Cove Aquatic Center
The Crystal Cove Aquatic Center was built in 1968. While much of the pool was rebuilt in 2005,
the deep end of the pool was not rebuilt and is now over 50 years old. This part of the pool is
leaking and needs to be replaced for it to operate into the future.
The 2024 capital budget includes $3,500,000 in the buildings fund to make improvements at the
Crystal Cove Aquatic Center. The proposed allocation is $2,750,000 for the pool facility and
$750,000 for the building. In addition, a special appropriation from the state legislature will
provide an additional $2,350,000 for the pool structure and related expenses.
Public engagement and concept planning began early in 2022. A summary of these findings was
presented to the city council on June 20, 2023. The next step in the process is to hire
professional service firms to begin design work on the project.
HCM Architects has reviewed the facility and has developed concept drawings for building
renovations. Their proposal for the next stage includes a team of various engineering firms. Staff
recommends approval of the attached resolution entering into an agreement with HCM Architects; to
develop schematic designs, construction documents, bidding & permitting and construction
administration for building improvements in the amount of $75,575.
USAquatics has reviewed the facility and they were hired in 2021 to do an assessment of the pool.
Staff recommends approval of the attached resolution entering into an agreement with USAquatics to
develop schematic designs, construction/bidding documents and construction administration in the
amount of $262,300. They will also prepare documents required by the state appropriation process.
Two other proposals were received which were from out of town design firms that had not visited this
pool. These firms also proposed a higher fee.
6.7
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF DESIGN AND CONSTRUCTION DOCUMENT
PREPARATION FOR THE BUILDING ENTRANCE
AT THE CRYSTAL COVE AQUATIC CENTER
WHEREAS, the City of Crystal owns and operates Grogan Park and the Crystal Cove Aquatic Center;
and
WHEREAS, the lobby and front façade of the aquatic center building is outdated and needs renovation;
and
WHEREAS, the lobby and front façade were included as an alternate bid item when the aquatic center
was bid in 2005, but was not selected at that time; and
WHEARES, the 2024 capital budget (building fund) includes funds to improve the pool building
entrance and front façade; and
WHEREAS, HCM Architects has reviewed the building and has prepared concept drawings for the
entrance and service counter; and
WHEREAS, HCM Architects has provided a quote to develop schematic designs, construction
documents, bidding & permitting and construction administration for building improvements in the
amount of $75,575; now
THEREFORE, BE IT RESOLVED:
A.That the Crystal City Council wishes to enter into an agreement with HCM Architects in the
amount of $75,575; to develop schematic designs, construction documents, bidding & permitting
and construction administration for building improvements at the Crystal Cove Aquatic Center.
B.That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with HCM Architects as specified above.
Adopted by the Crystal City Council this 18th of July, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.7
H a g e n , C h r i s te n s e n & M cI L w a i n
Architects
July 12th, 2023
Mr. John Elholm
Re: Crystal Cove Aquatic Center– Design Team Proposal
John,
Thank you very much for requesting this proposal of design services from HCM Architects and our Design
Team for your Building Improvements Project at Crystal Cove Aquatic Center. Our work with you in the
beginning stages of design has been very informative and enjoyable.
We look forward to continuing our work with the Design Team of trusted consultants who we feel can best
deliver this project for you:
· Hagen Christensen McILwain Architects (HCM): Project Lead and Architectural Design
· WSB Engineering: Civil Engineering and Landscape Design
· Myer Borgman Johnson (MBJ): Structural Engineering
· Emanuelson Podas (EP): Mechanical and Electrical Engineering: TBD
· Loeffler Consulting: Cost Estimating
HCM Architects has a long history of working with the WSB, MBJ and EP teams on a variety of project
scopes and scales and we look forward to deepening our working relationship with Crystal’s very own
Radius Track. Our team aims to improve the site utilization, create an inviting approach while highlighting
the City’s identity and the presence within the community.
What follows is our detailed proposal of design services for Crystal Cove Aquatic Center – Site and
Building Improvements Project. If you have questions regarding this proposal, please give me a call.
Once again, thank you for this opportunity and we’re excited for the chance to work with you.
Sincerely,
Matt Lysne, AIA, Principal Bailey Buschke
HCM Architects HCM Architects
lysne@hcmarchitects.com Buschke@hcmarchitects.com
612−904−1332 612−904−1332
6.7
Project Understanding – Work Scopes
The following Design Team project scope identification is based on our site tour on Friday, March 24th,
2023 and continued communication with the Ownership Team. We understand that the primary goal is to
bring this property up to its full potential by establishing a dynamic flow between arrival and ticketing
functions. The design process will enhance the existing facility qualities while incorporating new up-to-date
materials (wood/steel/glazing) to create a signature building design for the City of Crystal.
Task 1 – Schematic Design (Note: Schedule TBD, July 2023 or August 2023)
1. Exterior Work Scopes:
a. Improvements to the front building entry to enhance curb appeal, draw customers to the site,
and promote brand recognition. Create visual appeal with design elements of greater height
and volume. These elements define a unified and dramatic façade in order to establish a clear
point of entry.
b. Updated drive / drop off configuration and vehicular site circulation as needed to support new
addition.
c. New pathways connecting areas of the site and parking lot. Mild landscaping to accompany
these changes.
d. Designated areas for community showcased art installment (if desired).
e. Determine exterior facia needs.
2. Interior Work Scopes:
a. In conjunction with the new front entry renovation; the transaction counter is to extend deeper
into the lobby space to facilitate greater user circulation and storage.
b. Wall assembly and doorway added to the Men’s changing room to allow for greater privacy
and building continuity.
c. Ongoing coordination with Radius Track to develop a unique design feature piece.
d. Introduce a basic ventilation system within lobby space.
e. Overall, interior materials refresh throughout designated public space.
f. Note: No Design Teamwork scopes are anticipated for the concessions, guard room, staff
room, manager office, maintenance rooms or toilet/changing/shower rooms
3. Schedule of Work Scopes:
a. The anticipated Schematic Design (Task 1) schedule is roughly July 2023 – August of 2023
b. The anticipated Construction Documents (Task 3) is roughly November 2023 – January 2024.
c. Bidding & Permitting (Task 2) schedule is roughly November or December of 2023
d. The anticipated construction schedule (Task 4) will be in 2024.
Task 1 – Schematic Design (Note: Schedule TBD, July 2023 – August 2023)
· Owner review meetings – Design progress updates (3 Meetings proposed)
· Schematic Site Design to organize flow of pedestrian traffic
· Develop schematic Floor Plans
· Design Elevations including preliminary exterior feature canopy design
· Determine custom transaction counter design within the Lobby
· Preliminary exterior elevations, sections and details.
· Preliminary exterior design pertaining to proposed facia and canopy alternates
6.7
· Building Code Analysis
· Develop Building Narratives
· Ceiling Plans & design ceiling feature
Task 2 – Construction Documents (Note: Schedule TBD, September 2023 – November 2023)
· Owner review meetings – Design progress updates (3 Meetings proposed)
· Develop the detailed architectural Drawings and Specifications required for the permitting,
bidding, and construction of the project.
Code Review Plan.
Floor plans.
Material Finish plans and Material Finish schedule.
Coordinated FFE Plans (Furniture, Fixture & Equipment).
Exterior elevations, sections and details.
Interior elevations and details.
Window glazing schedule and details
Millwork details. (Transaction Counter)
Ceiling Plans & Details.
· Design Team Disciplines: Thorough coordination of documentation.
Civil Engineering / Landscape Architecture: Drawings and Specifications.
Structural Engineering: Drawings and Specifications.
Mechanical Engineering drawings and specifications – HVAC & Plumbing, Fire Protection.
Electrical Engineering drawings and specifications.
· Detailed exterior design pertaining to proposed facia and canopy alternates (see fee schedule for a
dd alternate fee proposal related to these two items)
Task 3 – Bidding & Permitting (Note: Schedule TBD, November to December of 2023
Answer all inquiries about the project as required for the competitive bidding of the project.
· Issue updates and Addenda as needed.
· Review bids with the Owner.
· Assist with Applications to Health Department, Met Council (SAC/WAC), etc
Task 4 - Construction Administration (Note: Schedule TBD, Spring 2024 – Late Fall 2024)
· Attend regular schedule of construction meetings.
· Review ongoing construction work for compliance with construction documents.
· Review shop drawings and product submittals.
· Answer all contractor inquiries regarding the design intent of the documents.
· Review payment applications and change orders.
· Provide a final Punchlist of the completed project.
· Review the completed project 11 months after the date of completion and report any issues
or warranty problems to the contractor for correction.
Project Fees
The proposed Design Team fees for the first phase of this project are a fixed fee shared between HCM
Architects, WSB Engineering, MCE and EP for the development of high-level site and building concepts.
6.7
PROPOSED DESIGN FEES:
Our proposed fees are as follows:
Fee
Design Phase
Schematic Design $16,200.00
HCM - $9,800
WSB - $1,500
MBJ - $2,000
EP - $1,500
Loeffler Consulting - $1,400
Construction Documents $29,800.00
HCM - $19,800
WSB - $2,000
MBJ – 3,500
EP - $4,500
Façade Upgrades as Bid Alternate $15,000
Bidding $ 3,000.00
HCM - $1,500
WSB - $ 500
MBJ – $ 500
EP - $ 500
Construction Administration $11,000.00
HCM - $8,500
WSB - $ 500
MBJ – $1,000
EP - $1,000
Subtotal $75,000.00
Reimbursable Expenses Estimate $ 575.00
Total $75,575.00
Optional additional services at Owner
request
Canopy & Entry Experience Design Bid
Alternate (possibly with Radius Track and/or
Public Art
$19,500
Assumptions:
Signage by others.
Art installment by others
Survey provided by owner as part of larger pool deck upgrade project.
No underground utility modifications are anticipated in this proposal.
6.7
Billable Rates
Architecture $130 - 190.00/hr
Civil & LA $120 - 220.00/hr
Structural $105 - 270.00/hr
M&E Engineering $110 - 250.00/hr
Cost Estimating $130 - 190.00/hr
Reimbursable expenses such as required mileage, prints, copies, long distance calls, faxes, etc. are
billed at 1.0 times costs.
Thank you for your consideration of this request. Please give us a call (612-904-1332) if there are any
questions regarding this proposal.
Acceptance
If this proposal meets with your approval, please indicate your authorization to proceed by signing the
ACCEPTED BY and returning a copy to us. Should this proposal not be accepted within 60 days from the
date of proposal or should the scope of the project or services vary from the stated assumptions, Hagen,
Christensen & McILwain Architects reserves the right to review and update this proposal as necessary.
ACCEPTED BY:
Jim Adams, Mayor
ACCEPTED BY:
Adam R. Bell, City Manager
DATE: July 18, 2023
6.7
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF DESIGN AND CONSTRUCTION DOCUMENT
PREPARATION FOR THE POOL STRUCTURE AND RELATED FEATURES
AT THE CRYSTAL COVE AQUATIC CENTER
WHEREAS, the City of Crystal owns and operates Grogan Park and the Crystal Cove Aquatic Center;
and
WHEREAS, the oldest part of the aquatic center has developed a leak over time; and
WHEREAS, over the past year, discussions, surveys and public engagement have taken place in regard to
the future of the aquatic center; and
WHEARAS, the 2024 capital budget (building fund) includes funds to replace the original part of the
pool and related features; and
WHEREAS, additional funds have been authorized through a special legislative appropriation for the
same project; and
WHEREAS, USAquatics has reviewed the pool and did an assessment of it in 2021; and
WHEREAS, USAquatics has provided a quote to develop schematic designs, construction/bidding
documents and construction administration in the amount of $262,300; now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into an agreement with USAquatics in the amount
of $262,300; to develop schematic designs, construction/bidding documents and construction
administration for the pool structure at the Crystal Cove Aquatic Center.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with USAquatics as specified above.
Adopted by the Crystal City Council this 18th of July, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.7
5603 US-12 #2, PO BOX 86, DELANO, MN 55328 (763) 972-5897 INFO@USAQUATICSINC.COM
Proposal for Aquatic Design
Crystal Cove Aquatic Center
Crystal, MN
July 11, 2023
4141 Douglas Dr. N.
Crystal, MN 55422
Attn: John Elholm
(763) 531-0052 John.Elholm@crystalmn.gov
Preamble
USAquatics, Inc. is pleased to have the opportunity to present this proposal to you for aquatic engineering and
design. We understand that the scope of work may change in the performance of the work under this
proposal. Significant changes to the scope of work will be accompanied by fee change proposals.
City of Crystal (Client) wishes to enter into an agreement with USAquatics for Aquatic Design Services. The
Client and USAquatics agree to the following:
DEFINITIONS
Aquatic/s – For the purposes of this document, “Aquatic/s” shall refer to any pool, spa, feature, etc. within the
scope of specialty construction Division 13 as may be further defined below.
A/adjacencies – Shall refer to areas, spaces, mechanical systems, and other design elements that will or may
require special consideration related to the presence of Aquatic elements.
GENERAL PROJECT DESCRIPTION
Facility – Crystal Cove Aquatic Center Pool Renovation
Jurisdiction – Crystal, MN
Fee – $262,300 based on $4,371,500 aquatic project construction cost estimate for work as described below
Work – Facility aquatic renovations including:
Lap/Diving/Plunge Pool
o Whole or partial shell replacement
o Gutter replacement
o General refurbishment
o Refinish
o Slide refurbishment
o Deep area feature renovations
Zero-Entry Pool
o Refinish
o Feature changes
6.7
USAquatics, Inc.
Crystal Cove Aquatic Center Proposal for Aquatic Design
City of Crystal July 11, 2023
Page 2 of 5
Shade structure additions
The work is to include all aquatic design and is to also include mechanical, electrical and plumbing
connections required (utility supply is outside of this scope).
Basis of design is:
“Monolithic” shotcrete pool shell (minimizes caulked joints that require maintenance
Stainless steel perimeter recirculation system
Quartz aggregate plaster pool finish w/ tile accents
Bidding documents are to include:
Alternate options for feature and other selections
Prequalification of bidders based on experience with similar pool projects
PART 1 - Scope of Work
1.01 Preliminary
A. State Department predesign submittal and handling as required throughout the project
B. Schematic Design
1. Planning and consulting including:
a. Program basis
b. Layout and configuration
c. Usage, capacities, and equipment
d. Equipment spaces
e. Adjacencies
f. Utility coordination
2. Layouts of Aquatic and mechanical equipment spaces (if needed)
3. Preliminary code/regulatory review
a. Aquatic review
4. Update probable construction cost estimate
C. Design Development
1. Development of chosen schematic in preparation for Construction/Bidding Documents
2. Refinement and clarification of layout drawings
3. Equipment, mechanical and feature selection
4. Detail selections
a. Pool finishes and edging treatments
b. Scope of responsibility demarcations
5. Addition of other details required to define design intent
6. Utility needs
a. Water supply and waste discharge
b. Electrical
c. Mechanical venting, supply, etc.
7. Field pipe routing review
8. Update probable construction cost estimate
1.02 Construction/Bidding Documents
A. Prepare final design drawings and necessary support documentation
1. Demolition plans/sections as needed
6.7
USAquatics, Inc.
Crystal Cove Aquatic Center Proposal for Aquatic Design
City of Crystal July 11, 2023
Page 3 of 5
2. Plans, sections, and details
3. Supply and return piping
4. Aquatic piping and mechanical systems
5. Specifications
B. Review requirements and design information
1. Review electrical/mechanical requirements
2. Water supply and discharge
3. Code and regulatory concerns
C. Update probable construction cost estimate
1.03 Jurisdictional and Other State Submittals
A. Assemble and prepare documents for state submittal, reporting and review requirements
B. Submit Aquatic design package to state for review and approval
1. Handle review comments and assemble responses
C. State and other permit/review fees by owner
1.04 Bidding
A. Prepare and provide bidding documentation sets
B. Bid document publication and bid process handling
C. Answer related questions during the bidding process and contract negotiations
D. Prepare addenda
E. Review bids received for qualification
F. Review and assist with the pre-qualification of contractors as needed
1.05 Construction Administration
A. Arrange and conduct regular construction meetings from pre-construction to close-out
B. Review and process RFI, submittal, payment applications, etc.
C. Establish and manage online construction document portal
D. General consultation for construction
E. Arrange for construction material and product testing and review of the same
1. USAquatics recommends direct hire of testing agency by Owner though arrangements can be made with
USAquatics subconsultants for testing procedures
F. Project construction review
G. Review of closeout documentation
1.06 Start-up and warranty
A. Consulting review of start-up and commissioning of systems
B. Warranty inspections/assistance as needed
C. End of warranty inspection
PART 2 - Deliverables
2.01 Preliminary Design
A. Narrative and design report
B. Layout drawings, up to 3 preliminary variations
1. Plans and sections demonstrating general shape and size
2. Equipment layout for space planning
C. Design drawings of single chosen design
1. Plans, sections, and details
2. Equipment/Mechanical space
3. Field pipe routes
6.7
USAquatics, Inc.
Crystal Cove Aquatic Center Proposal for Aquatic Design
City of Crystal July 11, 2023
Page 4 of 5
D. Rough-order-of-magnitude preliminary probable cost budget
E. Regular design team and owner meetings
2.02 Construction/Bidding Documents
A. Final construction/bidding documents in electronic format
B. Construction probable cost estimates
C. Regular design team and owner meetings
2.03 Bidding
A. Electronic bid document publication and handling
B. Bid process handling
2.04 Jurisdictional and Other State Submittals
A. Submittal and commentary responses
1. Fee by owner
2.05 Construction Administration
A. Pre-construction meeting
B. Weekly project meetings
C. Construction work inspections to verify conformance w/ design and specifications
D. Submittal review, RFI handling, supplemental instructions and change order processing, payment application
review and general consultant construction administration activities
E. Review of construction material and product testing results
F. Electronic document management
G. Project punch-out and closeout procedures
PART 3 - Work Not Included
3.01 The following is not included:
A. Utilities and site considerations outside of the pool perimeter and directly affected deck spaces
B. Architectural and building structures
C. Construction and/or installation
D. Specialty/soils testing (related to project site and existing conditions)
E. Fixtures, furniture, and equipment
F. Decks and deck drainage systems (decks affected by selective demolition for pool renovations are included in
scope and fee above)
G. Additional fees required by the City or additional authorities, state review fees
PART 4 - Client Responsibilities
4.01 Background information
A. All work performed by USAquatics is dependent on accurate and timely background and project information
including but not limited to;
1. Existing conditions
2. Plans and/or drawings
3. Site conditions
4. Background information
B. State review fees
C. Specialty testing, as coordinated by consultant team
6.7
USAquatics, Inc.
Crystal Cove Aquatic Center Proposal for Aquatic Design
City of Crystal July 11, 2023
Page 5 of 5
PART 5 - Fee
5.01 Base Fee
A.The above scope is to be completed and billed as a fixed fee including expenses.
B.Additional services for change in scope to be negotiated as needed.
C.Additional services by request (cost in addition to fee stated above):
1. Topographical survey $3,000
2. Geotechnical investigations and reporting $8,000
5.02 Reimbursable Expenses
A.Printing and expenses incurred at Owner’s direct request will be billed accordingly. Travel expenses related to
site visits and meetings are included in the base fee. There are no other expenses anticipated.
PART 6 - Payment Terms
6.01 Progress payments
A.Monthly progress payments are to be made for progress estimated through the end of each month of active
service.
6.02 Terms
A.Payments are due within 30 days of receipt of invoices after which interest shall accrue at 1.5% per month.
PART 7 - Miscellaneous
7.01 Contract terms
A.Upon acceptance, this proposal shall be accompanied by and attached to a contract including terms and general
conditions that shall apply to this work.
PART 8 - Acknowledgement
8.01 Proposal acceptance and authorization to begin work
Client Richard T. Schaffer
City of Crystal USAquatics, Inc.
Date: July 18, 2023
X
Signature
Date
X
Jim Adams, Mayor
Adam R. Bell, City Manager
X
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