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2023.12.05 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Dec. 1, 2023 City Council Meeting Schedule Tuesday, Dec. 5, 2023 Time Meeting Location 6:30 p.m. Economic Development Authority (EDA) meeting Council Chambers/Zoom 6:45 p.m. City Council work session to discuss: 1. Constituent issues. 2. New business. 3. Announcements. Council Chambers/Zoom 7 p.m. City Council meeting Council Chambers/Zoom Immediately following the City Council meeting Continuation of regular 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 EDA meeting, City Council work session, City Council meeting and continuation of City Council work session, if necessary. Time: Dec. 5, 2023, 6:30 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84985747224?pwd=bXMzVVRqbXFPZHZXSFgyYUlnb3ZiZz09 Meeting ID: 849 8574 7224 Passcode: 414141 One tap mobile: +13017158592,,84985747224#,,,,*414141# US (Washington DC) +13052241968,,84985747224#,,,,*414141# US Dial by your location: +1 301 715 8592 US (Washington DC) +1 719 359 4580 US +1 305 224 1968 US +1 253 205 0468 US +1 309 205 3325 US +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 646 931 3860 US +1 360 209 5623 US +1 929 205 6099 US (New York) +1 386 347 5053 US +1 669 444 9171 US +1 507 473 4847 US +1 669 900 6833 US (San Jose) +1 564 217 2000 US +1 689 278 1000 US Find your local number: https://us02web.zoom.us/u/kerD1thZl3 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. AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, DECEMBER 5, 2023 6:30 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Consider approval of minutes from the November 7, 2023 regular meeting 4. Consider a resolution adopting a 2024 budget and property tax levy and requesting their approval by the City Council 5. Consider approval of a contract with Center for Energy and Environment for administration of the Home Improvement Grant Program from July 1, 2024 - June 30, 2025 6. Consider a resolution approving a 2023 Business District Initiative Agreement with Hennepin County Housing and Redevelopment Authority to continue the Crystal Storefront Enhancement Program 7. Consider a resolution requesting conveyance of tax-forfeited land at 6110 Lakeland Ave. N. 8. Property status update * 9. Other business * 10. Adjournment * *Items for which no materials are included in the packet Page 1 of 3 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting Council Chambers November 7, 2023 1. Call to Order President Kiser called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 6:42 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, John Budziszewski, David Cummings, Forest Eidbo, Traci Kamish, Therese Kiser and Taji Onesirosan. The following staff were present: Executive Director Adam Bell, City Planner Dan Olson and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Adams (Budziszewski) to approve the minutes from the October 17, 2023 regular meeting. Motion carried. 4. Public Hearing: Consider a resolution authorizing the sale of 4824 56th Ave. N. to Noberg Homes Staff presented information about the proposal from Noberg Homes, answered questions from the board and requested board approval. President Kiser opened the public hearing and invited public comment. There being no comments, President Kiser closed the public hearing. Moved by Commissioner Kamish (Budziszewski) to adopt the resolution authorizing the sale of 4824 56th Ave. N. to Noberg Homes. Motion carried. 5. Property Status Update Staff provided updates on the following projects: 5240 Apts (5240 West Broadway) Tequila Town (99 Willow Bend) Page 2 of 3 Wells Fargo (5600 West Broadway) USFAAF (5586 West Broadway) Wine Thief & Ale Jail (3600 Douglas Dr. N.) 4-unit residential building at 4741 Welcome Ave. N. House under construction at 6505 31st Ave. N. Vacant lot at 3949 Douglas Dr. N. Staff answered questions from the board regarding the vacant commercial space at 6024 42nd Ave. N. and the licensing enforcement process for THC (edible cannabinoid) businesses. 6. Other Business There was no other business. 7. Adjournment Moved by Commissioner Budziszewski (Cummings) to adjourn the meeting. Motion carried. The meeting adjourned at 6:59 p.m. Page 3 of 3 These minutes of the November 7, 2023 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Therese Kiser, President ATTEST: ______________________________ Forest Eidbo, Secretary ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: November 29, 2023 TO: Adam R. Bell, Executive Director (for December 5 EDA meeting) SUBJECT: Consider a resolution adopting a 2024 HRA tax levy and EDA budget As part of the annual budgeting process, the EDA formally requests a Housing and Redevelopment Authority tax levy which would comprise most of its funding. The 2023 levy was $316,200. Staff is recommending a 2024 levy of $335,172 which is a 6% increase from 2023. The statutory maximum HRA levy is $528,438 which is 0.0185 percent of the estimated market value of the property in the City. Anticipated 2024 EDA activities: • One or more redevelopment projects in the Town Center redevelopment area • Expand branding and beautification efforts, including utility box wraps • Continue façade improvement grants after Hennepin County funds are expended • Sale of properties currently being held by the EDA (proceeds increase the fund balance) • Home improvement grants for qualifying households located outside the redevelopment project area (not eligible for TIF funds) On Sep. 5, 2023 the EDA and City Council approved the proposed 2024 HRA tax levy and EDA budget. Attachments: • Resolution adopting a proposed 2024 HRA tax levy and EDA budget • EDA budget detail • Crystal EDA 2024… and beyond (slide updated from April 18, 2023 meeting) EDA ACTION REQUESTED Adoption of the attached resolution is requested to finalize the 2024 HRA tax levy and EDA budget. EDA STAFF REPORT Proposed 2024 HRA Tax Levy and EDA Budget ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023 - ___ ADOPTING A 2024 BUDGET AND PROPERTY TAX LEVY AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the enabling resolution of the EDA, the EDA exercises all of the powers of a housing and redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to 469.047 (the “Act”); and WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is, property in the City; and WHEREAS, the maximum permitted HRA levy is $528,438 which is calculated at 0.0185 percent of the estimated market value of the property in the City. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Crystal as follows: 1. The EDA hereby adopts a 2024 EDA budget for housing and redevelopment in the amount of $401,513. 2. The EDA hereby adopts a 2024 HRA property tax levy of $335,172 for the purpose of funding the adopted budget in conformance with Section 469.033, Subdivision 6 of Minnesota Statutes. 3. The Executive Director is authorized and directed to transmit a certified copy of this Resolution to the City Council of the City of Crystal for its consent and approval as provided by Section 469.033 of the Act and for certification to the Property Tax Manager of Hennepin County. Adopted this ____ day of December, 2023. _______________________________ Therese Kiser, President _______________________________ Adam Bell, Executive Director Revenue 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Property Taxes - Adopted Levy 282,744$ 300,000$ 310,122$ 316,200$ 335,172$ Prior Years' Delinquent Taxes 1,191$ 1,471$ 1,605$ -$ -$ Special Assessments* 20,107$ 20,003$ 32,839$ 32,834$ 32,834$ Interest Income 79,686$ (10,026)$ (39,171)$ 8,000$ 8,000$ Miscellaneous Revenue -$ 273$ 14,533$ -$ 26,800$ Total Revenue 383,728$ 311,720$ 319,927$ 357,034$ 402,806$ Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Personnel Services 312,634$ 330,071$ 299,173$ 271,358$ 232,708$ Professional, Audit & Legal Services 17,163$ 8,160$ 31,306$ 26,000$ 32,000$ Contractual Services* 5,136$ 77,980$ 3,484$ 5,000$ 15,000$ Internal Service Fund Charges -$ 4,568$ 5,186$ 5,215$ 7,354$ Home Improvement Grant Program 40,511$ 91,470$ 33,625$ 25,300$ 26,800$ Branding and Beautification 10,550$ 12,228$ 6,251$ 20,050$ 40,550$ Façade Improvement Grants -$ -$ 12,500$ -$ 40,000$ Miscellaneous Operating Expenses 3,127$ 2,437$ 5,849$ 5,000$ 7,100$ Total Expenditures 389,119$ 526,914$ 397,374$ 357,923$ 401,513$ Net Revenue Over (Under) Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed (5,392)$ (215,194)$ (77,447)$ (889)$ 1,293$ Cash Fund Balance at Year End 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed * * * ** ** 2,159,000$ 2,053,388$ 1,971,841$ 1,970,952$ 1,972,245$ ** Adopted and Proposed Cash Fund Balance are from the Long Term Plan. EDA Budget Detail * Prior years' Actual Cash Fund Balances are from each year's Audit. The change in cash balance may not match that year's net revenue over (under) expenditures due to accounting methods for property acquisition costs and sale proceeds. *Special assessments are the method of repayment for EDA financing of installation of fire protection systems. 2024 special assessment revenue is comprised of $20,000 from 6105 42nd Ave N and $12,834 from 5600 56th Ave N. *2021 contractual services expenditures included $64,170 for installation of a fire protection system at 5600 56th Ave N. Crystal EDA 2024… and beyond Can continue with previously planned 2% increase to HRA levy STS litter clean-ups Senior Community Services Flowers etc. for planters Senior Community Services Elevate Hennepin business assistance Business promotion & outreach Business networking Embodied in adopted 2023 budget Additional items funded by shifting staff time plus 6% increase to HRA levy Maintenance contract for planters and landscape beds Continue façade grants Utility box wraps, decorative entrance monument signs and other beautification projects (1-2 per year) Embodied in proposed 2024 budget Additional items that would require increasing HRA levy to statutory max. ($528,438 in 2024) Major beautification projects (medians, boulevards, utility undergrounding) Douglas Dr/W Bdwy intersection project Strategic acquisitions Will be included in 2025- 2026 budget discussions in spring-summer 2024 Page 1 of 3 __________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: November 29, 2023 TO: Adam R. Bell, Executive Director (for December 5 EDA meeting) SUBJECT: Consider approval of a contract with Center for Energy and Environment for administration of the Home Improvement Grant Program from July 1, 2024 - June 30, 2025 The EDA contracts with Center for Energy and Environment (CEE) to administer the home improvement grant program. The current contract period ends on June 30, 2024 and the next contract period is July 1, 2024 - June 30, 2025. The program budget would be $322,000 which is a 5% increase over the current contract. This is consistent with the EDA budget for 2024 and the anticipated budget for 2025 based on the Long Term Plan. Approximately 90% of the funding will come from the TIF fund and 10% from the EDA/HRA fund, although beginning in 2024 that will be backfilled by the state’s new housing aid to local governments which is funded by a portion of a new 0.25% sales tax in the metro area. TIF funds are anticipated to be exhausted sometime in 2029, at which point the state housing aid is anticipated to fully fund the program. Please see charts below and on the next page. EDA STAFF REPORT Home Improvement Grant Program contract with Center for Energy and Environment Page 2 of 3 Page 3 of 3 PROGRAM DATA Calendar year 2022 (from the 2022 EDA Annual Report): First half of 2023: 46 grants $2,891 average grant $14,454 average project $132,981 spent on grants $20,747 spent on admin. EDA ACTION REQUESTED EDA approval of each contract is sought approx. 6 months before expiration of the current contract so there would be advance warning to homeowners if the EDA chooses to modify or end the program. Staff requests EDA approval of the attached agreement with Center for Energy and Environment for administration of home improvement programs for the period July 1, 2024 through June 30, 2025. CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND ENVIRONMENT CEE #4073 Page 1 HOME IMPROVEMENT PROGRAM ORIGINATION AGREEMENT This HOME IMPROVEMENT PROGRAM ORIGINATION AGREEMENT (“Agreement”), dated this _____ day of _____________________, 20____, is made by and between the ECONOMIC DEVELOPMENT AUTHORITY in and for the City of Crystal, with offices at 4141 Douglas Dr N, Crystal, MN 55422 (“Authority”), and CENTER FOR ENERGY AND ENVIRONMENT, with offices at 212 3rd Avenue North, Suite 560, Minneapolis, Minnesota 55401 (“CEE”). RECITALS A. The Authority has a need for certain professional services and desires to retain CEE to provide said services, all subject to the terms and conditions contained in this Agreement. B. CEE is qualified to provide the desired professional services and desires to provide said services for the Aut hority, all subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained in this Agreement, the parties agree as follows: 1. Services/Scope of Work 1.1 CEE shall in conjunction with the Authority develop and deliver the City of Crystal Home Improvement Program (hereinafter the “Program”) and more fully described in Exhibit A1 attached hereto. All activities delivered under the Program shall be coordinated with the Authority’s designated Community Development Director, John Sutter. 1.2 CEE shall assist the Authority staff in marketing the Program. This will include being on the CEE website and creating an information sheet about the loan program. 1.3 The funding source is exclusively from the Authority. 2. Compensation 2.1 The Authority shall compensate CEE for services provided under this agreement according to the schedule in Exhibit B1 attached hereto. The Authority shall compensate CEE only for services completed. 2.2 Upon request, CEE will provide additional marketing services. Hourly rates are inclusive of all overhead expenses and will be charged only for hours directly related to marketing. CEE will be reimbursed by the Authority for any non-labor, out-of-pocket expenses, relating to these services on a dollar-for-dollar basis with no mark-up. CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND ENVIRONMENT CEE #4073 Page 2 2.3 CEE shall invoice the Authority not more than two times each month. The Authority shall pay CEE within 20 days of receipt of the invoice. 3. CLIENT’s Obligations 3.1 If requested by CEE, the Authority shall make reasonable efforts to respond promptly to requests from CEE for information and approvals regarding the services to be provided under this Agreement. 3.2 If requested by CEE, the Authority shall make reasonable efforts to obtain information and or permission for access from clients which may be necessary for CEE to provide the services under this Agreement. 3.3 The Authority shall provide sufficient funding to fund eligible Authority funded loans. The Authority shall determine the amount of funds allocated to the Program. 3.4 The Authority shall establish eligibility for the Program and shall provide these criteria in writing to CEE prior to commencement of any marketing efforts. 3.5 The Authority shall make reasonable efforts to respond promptly to requests from CEE for information and approvals regarding the services to be provided under this Agreement. 4. CEE’s Obligations 4.1 CEE shall use its best efforts to provide services under this Agreement in a professional manner consistent with the care and skill used by reputable members of CEE’s profession. 4.2 CEE, and all of its employees or agents, shall comply with all statutes, ordinances, rules, regulations and other laws applicable to the provision of services under this Agreement. 4.3 CEE shall secure all permits and licenses required for performance of the services under this Agreement. 4.4 CEE shall not engage in discriminatory employment practices against any employee or applicant for employment and shall in all respects comply with all federal, state and local laws, regulations and orders, including without limitation, Chapter 363 of the Minnesota Statutes, as amended from time to time. Failure to comply with the provisions hereof shall be deemed a material default under this Agreement. 5. Term and Termination CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND ENVIRONMENT CEE #4073 Page 3 5.1 Unless earlier terminated as provided in the following paragraphs, this Agreement shall become effective on 7/1/2024 and continue through 6/30/2025. 5.2 This Agreement may be terminated by either party, for any reason or no reason, immediately upon written notice to the other party. In the event this Agreement is terminated by CEE prior to the expiration of the term set forth in paragraph 5.1, the Authority shall compensate CEE for all services delivered up the date of termination and CEE shall provide the Authority with such information as the Authority may request regarding the status of the Program. 5.3 Any termination of this Agreement shall not release either party from their respective obligations under sections 7 and 8 of this Agreement. 6. Insurance 6.1 During the term of this Agreement, CEE will obtain and maintain insurance in the amounts listed below: General Liability $2,000,000 Aggregate Limit Automobile Liability $1,000,000 Combined Single Limit Excess Liability $1,000,000 Aggregate Limit Workers Compensation Statutory Limit 7. Liability and Indemnification 7.1 CEE represents that the services to be provided under this Agreement are reasonable in scope and that CEE has the experience and ability to provide the services. 7.2 CEE warrants that any services provided hereunder shall be done in a professional and workmanlike manner. 7.3 CEE shall indemnify, defend and hold harmless Authority and its officers, directors, employees and agents from and against any and all claims, damages, losses, injuries and expenses (including attorneys’ fees and damages for death, personal injury and property damage) which Authority may incur as a result of any act or omission by CEE in providing services under this Agreement. 7.4 Authority shall indemnify, defend and hold harmless CEE and its officers, directors, employees and agents from and against any and all claims, damages, losses, injuries and expenses (including attorneys’ fees and damages for death, personal injury and property damage) which CEE may incur as a result of any act or omission by Authority in discharging its duties under this Agreement. 8. Confidentiality Unless otherwise agreed by Authority in writing, CEE shall maintain in confidence and not disclose to any third party any information obtained regarding the Authority CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND ENVIRONMENT CEE #4073 Page 4 and/or any of Authority’s clients for which CEE is providing services; provided, however, that this obligation to maintain confidentiality shall not apply to: a) Information in the public domain at the time of disclosure; b) Information which becomes part of the public domain after disclosure through no fault of CEE; or c) Information which CEE can demonstrate was known by it prior to the date of this Agreement. Notwithstanding the foregoing, CEE shall be entitled to disclose the documents or client information covered by this paragraph to governmental authorities to the extent CEE reasonably believes it has a legal obligation to make such disclosures and to the extent CEE reasonably deems to be necessary; provided, however, that if CEE believes that any such disclosure is required by law, it shall provide advance notice to the Authority to provide the Authority with a reasonable opportunity to attempt to obtain an injunction or other protective order preventing such disclosure. 9. Relationship of Parties CEE will provide services as an independent contractor under this Agreement. Neither CEE, nor any of its employees or agents, shall be considered employees of the Authority for any purpose, and neither shall CEE be eligible for any compensation or benefits which the Authority may provide to its employees from time to time. CEE shall be solely responsible for all employment and other taxes applicable to providing services hereunder, and the Authority will not withhold any taxes or contributions from the compensation payable to CEE under this Agreement. 10. Notices All notices, requests, demands and other communications required to be given in writing under this Agreement shall be given to the other party in person or by mail as provided in this section. If delivered personally, notice shall be deemed to have been duly given on the date of delivery. If delivered by mail, such notice shall be sent via first class U.S. mail, postage prepaid, to the address set forth at the beginning of this Agreement or such other address as a party may otherwise request by written notice, and notice shall be deemed duly given three (3) business days after mailing. 11. Assignment This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns; provided, however, that neither party shall assign or transfer in any manner, this Agreement or any portion hereof without the prior written consent of the other party, and any attempt to assign or transfer without prior written consent shall be void and of no effect. 12. Governing Law CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND ENVIRONMENT CEE #4073 Page 5 This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 13. Miscellaneous 13.1 Headings and captions used in this Agreement are for convenience only and shall not affect the meaning of this Agreement. 13.2 This Agreement contains the entire agreement of the parties and supersedes all prior agreements, discussions and representations, written or oral, concerning the subject matter hereof. 13.3 No waiver by the Authority of any term or condition of this Agreement or any document referred to herein shall, whether by conduct or otherwise, be construed as a waiver or release of any other term or condition of this Agreement. 13.4 This Agreement may only be amended in a written agreement signed by both parties. 13.5 Except as expressly set forth in section 7, the rights and benefits under this Agreement shall inure solely to the benefit of the Authority and CEE, and this Agreement shall not be construed to give any rights, benefits or causes of action to any third party. 13.6 The invalidity or partial invalidity of any provision of this Agreement shall not invalidate the remaining provisions, and the remainder shall be construed as of the invalidated portion shall have never been a part of this Agreement. 13.7 CEE shall comply with the provisions of Minnesota Statutes Chapter 13 (Government Data Practices) that are applicable to the Authority and shall not disseminate any information concerning loan requests of the borrowers without the prior written approval of the Authority. 13.8 This Agreement may be signed in any number of counterparts, each of which shall be deemed an original and one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CONTRACT between ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF CRYSTAL and CENTER FOR ENERGY AND ENVIRONMENT CEE #4073 Page 6 ECONOMIC DEVELOPMENT AUTHORITY In and for the City of Crystal By: ________________________________________ Its: Executive Director Adam Bell Date: ________________________________________ CENTER FOR ENERGY & ENVIRONMENT By: Its: Date: Tax ID # 41-1647799 Exhibit A1 - _#4073_ Page 1 EXHIBIT A1 Crystal Program Guidelines This document includes guidelines for the Home Improvement Program of the Economic Development Authority of the City of Crystal Exhibit A1 - _#4073_ Page 2 Crystal Grant Program CRYSTAL PROGRAM GUIDELINES The Crystal Economic Development Authority (Authority) is making funds available for homeowners to assist with home additions, remodeling, maintenance and energy improvements. The Crystal Home Improvement Program is designed to supplement existing loan programs available from MHFA, CEE, private lenders and other housing resources. These programs are not intended to be the sole source of improvement funds available to the homeowners in the City. Center for Energy and Environment shall serve as the administrator for the Crystal Grant Program and will secure the most beneficial financing based on the borrower’s needs independent of the funding source. Eligible Project Expenses: • Interior remodeling • Building additions • Finishing basements, attics or similar spaces to convert them into habitable space • Energy efficiency improvements • Exterior building improvements such as roofing, siding, soffits/fascia, windows and doors • Site improvements such as retaining walls, sidewalks, driveways, fences, patios, decks, garages and the removal of diseased or hazardous trees • Systems such as HVAC, electrical and plumbing • Permanent Landscaping Ineligible Project Expenses: • Payment for work initiated prior to the grant being approved and closed, unless due to emergency. • Recreation or luxury projects (pools, lawn sprinkler systems, playground equipment, saunas, whirlpools, etc.) • Furniture, non‐permanent appliances (unless part of a kitchen remodel), funds for working capital, debt service or refinancing existing debts. • Homeowner labor or other in‐kind contributions to the project. Minimum Project Size: Eligible Project Expenses must total at least $4,000 to qualify for a grant. Grant Amount: 20% of Eligible Project Expenses, except as noted below: • Exception: For projects replacing or lining a sanitary sewer service and/or disconnecting stormwater drainage (sump connections, foundation drains, etc.) from the sanitary sewer, the grant amount is 40% of those particular, itemized project costs. This is intended to augment the city's efforts to reduce inflow & infiltration into the sanitary sewer system. In many cases this work will be triggered by, and completed in conjunction with, the city's utility reconstruction projects (typically 1‐4 blocks per year). However, any income‐qualified, owner‐occupied residential property in the city is eligible. No property may receive grants totaling more than $8,000 in any calendar year. Exhibit A1 - _#4073_ Page 3 Eligible Properties: 1‐4 unit owner‐occupied properties located within the geographical boundaries of the City of Crystal. Properties held in a Trust, Townhomes and Condominiums are eligible, subject to Association Bylaws. Properties may be held in a Contract for Deed. If the property has more than 1 unit, the non‐owner‐occupied units must be in compliance with the City of Crystal’s rental licensing requirements. Ineligible Properties: Dwellings with more than 4 units, cooperatives, manufactured homes, time shares, properties used for commercial purposes and non‐owner occupied properties. Eligible Recipients: All recipients must be legal residents of the United States, as evidenced by a social security number, Including: U.S. Citizens, Permanent Resident Aliens, and Non‐Permanent Resident Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE. Ineligible Recipients: Including but not limited to: ‐ Businesses, Foreign Nationals, Non‐Occupant Co‐ Borrowers, and Properties held in the name of a trust. Income Limit: The property owner’s household income, including all persons living with the property owner regardless of familial or relationship status, shall not exceed the following maximum household income thresholds using HUD Regional Median Income based on household size: • 90% of regional median income for 1-person households • 100% of regional median income for households of 2 or more persons Income will be determined by the adjusted gross income on the most recent Federal Tax Return. If a tax return is not required, income will be determined by the projected gross income for the upcoming 12 months. Credit Requirements: 1) All mortgage payments must be current, 2) All real estate taxes must be current, and 3) No defaulted government loans, tax liens or child support. Bids: Two estimates are required. Only 1 materials list is required for sweat equity projects. All contractors must be properly licensed Sweat Equity / Homeowner Labor: Work may be performed by property owners on a “sweat equity” basis, but only the purchase of materials and rental of tools or equipment will be considered an Eligible Project Expense. Recipient Paid Fees: None Deadline for Work Completion: All work must be completed within 120 days of the grant closing. Extensions may be granted by CEE due to weather or similar factors. Exhibit A1 - _#4073_ Page 4 General Program Conditions Application Processing: Grants will be distributed on a first come first serve basis as recipients qualify. Applicants must provide a completed application package including the following in order to be considered for funding.  Completed and signed application form  Proof of income  Proof of Identity (drivers license, passport, etc.)  Bids or estimates for proposed projects  Other miscellaneous documents that may be required. Program Costs: Grant origination fees, grants and post‐installation inspection fees will be paid out of the Program Budget. Program marketing efforts will be billed directly to the City of Crystal and is a separate expense should the city choose to commission CEE for marketing support. Total Project Cost: It is the recipient’s responsibility to obtain the amount of funds necessary to finance the entire cost of the work. In the event the final cost exceeds the original amount, the recipient must obtain the additional funds and provide verification of the additional funds in order to proceed. Disbursement Process: Grant: Payment to the contractor (or owner in sweat equity situations) will be made upon completion of work. An inspection will be performed by a City Inspector and/or CEE to verify the completion of the work. The following items must be received prior to final disbursement of funds: • Final invoice or proposal from contractor (or materials list from supplier); • Final inspection verification by a City Inspector ; • Completion certificate(s) signed by borrower and contractor; • Lien waiver for entire cost of work; • Evidence of city permit (if required) or confirmation of post‐installation inspection by city (if no permit is required). EXHIBIT B1 Crystal Program Budget July 1, 2024 ‐ June 30, 2025 Crystal Grant Budget Allocation (includes Grants plus Annual Administration Fee, Post‐ Installation Inspection Fees and Grant Origination Fees): $322,000 TOTAL PROGRAM BUDGET: $322,000 Budget Notes: 1. CEE shall submit monthly invoices for grants, origination fees and post‐ installation inspections for that period. 2. Services performed by CEE will initially be funded from the Total Program Budget as stated above and paid in accordance with the following schedule. (1) Annual Administration Fee $5,000 (due July 1st of each year the contract is active) (2) Origination Fee: Grant $500 per grant closed 3. Marketing Marketing efforts outside of CEE’s website and grant information are not included in the administrative budget. Hourly rates are inclusive of all overhead expenses and will be charged only for hours directly related to the labor of all additional program marketing. CEE will also be reimbursed by City of Crystal for any non‐labor, out‐of‐pocket expenses relating to these services on a dollar‐for‐dollar basis. Exhibit B1 ‐ #4073 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: November 29, 2023 TO: Adam R. Bell, Executive Director (for December 5 meeting) SUBJECT: Consider a resolution approving a Business District Initiative grant agreement with the Hennepin County Housing and Redevelopment Authority to continue the Crystal Storefront Enhancement Program In late 2021 Hennepin County awarded a $30,000 Business District Initiative grant to the city to create an incentive for storefront improvements. For reasons internal to Hennepin County, the grant agreement had to be with the city but the county allowed the city to assign it to the EDA for program implementation. This $30,000 grant should be expended by the end of 2023 as follows: • 2022: Elision Playhouse (6105 42nd Ave. N.) received $12,500. • 2023: B&R Auto Repair (6304 42nd Ave. N.) received $12,500. • 2023: Wine Thief & Ale Jail (3600 Douglas Dr. N.) is expected to receive $12,500 (comprised the remaining $5,000 from the 2021 county grant and $7,500 of EDA funds). The 2023 EDA Work Program included a continuation of this program, and to that end, staff applied for $45,000 from the county’s Business District Initiative program. On Nov. 14 the Hennepin County Housing and Redevelopment Authority (HCHRA) awarded $25,000 for the continuation of the program with the same parameters as the previous award:  Only properties in specifically designated segments along 56th Ave. N. (Bass Lake Road), 42nd Ave. N. and Douglas Dr. N.) are eligible.  The façade assistance would be provided in the form of a deferred, forgivable, no interest loan for 50% of the project cost.  The deferred loan would have a 10-year term and the balance would be reduced by 10% each year. If the property is sold during the 10-year term, full repayment of the remaining loan balance would be required. Any repayments would be used to capitalize a revolving loan fund for Crystal to continue the program after the county funding is exhausted.  The minimum project would be $10,000 (meaning a $5,000 forgivable loan). There would be no maximum project but the maximum forgivable loan would be $12,500. EDA STAFF REPORT Hennepin County Business District Initiative Grant - Storefront Enhancement Program Because the county funds are coming from the HCHRA, they can be awarded directly to the EDA so no assignment agreement from the city to the EDA is necessary. The 2024 EDA budget includes $40,000 for this program, but now that we have this $25,000 grant from the county to continue the current program in 2024, we will use county funds first. As part of the 2024 EDA Work Program discussions during the first quarter, the EDA will consider various options for whether and how to use the $40,000 in EDA funds. This could include making changes to the program guidelines such as increasing the maximum grant above the current $12,500 cap, expanding the program to commercial properties outside the three county-approved business districts, modifying the eligible and ineligible types of work, and so forth. Attachments: • Resolution authorizing execution of the grant agreement with the HCHRA • Proposed grant agreement including program guidelines and eligible business districts REQUESTED EDA ACTION Adopt the attached resolution authorizing execution of the grant agreement with the HCHRA. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023 - ___ APPROVING A 2023 BUSINESS DISTRICT INITIATIVE AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CONTINUE THE CRYSTAL STOREFRONT ENHANCEMENT PROGRAM WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) has established a Storefront Enhancement Program to encourage commercial property owners to make improvements to building facades in three designated business districts in the City of Crystal (the “Program”); and WHEREAS, Hennepin County previously provided a Business District Initiative grant for the Program but these funds are expected to be expended by the end of 2023; and WHEREAS, the EDA has requested funding from Hennepin County to continue the Program after 2023; and WHEREAS, the Hennepin County Housing and Redevelopment Authority (the “HCHRA”) has awarded a grant in the amount of $25,000 (the “Grant”) to the EDA to continue the Program; and WHEREAS, to accept the Grant the EDA must execute Contract No. PR00005746 (the “Grant Agreement”) which includes the terms and conditions of the Grant. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Crystal that the Executive Director is authorized to execute the Grant Agreement. Adopted this ____ day of December, 2023. _______________________________ Therese Kiser, President _______________________________ Adam Bell, Executive Director Form 101 (Revised 8/2022) 1 Contract No: PR00005746 2023 BUSINESS DISTRICT INITIATIVE AGREEMENT FOR CITY OF CRYSTAL This Agreement is between the HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, a political subdivision of the State of Minnesota (the “AUTHORITY”), 701 Fourth Avenue South, Suite 400, Minneapolis, Minnesota 55415 and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, a public body corporate and politic, or affiliated entity, 4141 Douglas Dr. N., Crystal, MN 55422, (“CITY”). WHEREAS, Hennepin County created the Business District Initiative in 2015 (Resolution 15- HCHRA-0006R1) to support small business districts in suburban Hennepin County (“PROGRAM”); and WHEREAS, following issuance of budgetary approval from the Hennepin County Board, AUTHORITY authorized up to $200,000 for the PROGRAM in 2023; and WHEREAS, CITY was selected by AUTHORITY via an open and competitive procurement process conducted September 7, 2023 through October 5, 2023 to provide the services described herein under the PROGRAM. The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence on November 14, 2023, and expire on June 30, 2025, unless cancelled or terminated earlier in accordance with the provisions herein. The total cost of this Agreement, including all reimbursable expenses, shall not exceed twenty-five thousand dollars ($25,000). 2. ELIGIBLE ACTIVITIES The PROGRAM funds shall support CITY’s façade improvement program in three business nodes throughout the City of Crystal, as more fully described in Attachment B, attached herein. CITY shall provide a 1:1 match to AUTHORITY funds from public or private sources as more fully described in Attachment A, program guidelines, attached herein. 3. PAYMENT FOR SERVICES CITY shall perform all activities hereunder to the satisfaction of AUTHORITY, in accordance with the provisions herein, and in compliance with applicable law. If Form 101 (Revised 8/2022) 2 AUTHORITY determines that CITY has not complied with the foregoing, AUTHORITY shall not have any obligation to pay CITY for the non-complying activities. Reimbursable expenses are limited to the actual cost for façade improvements outlined in the program guidelines outlined in Attachment A. Payment for activities shall be made directly to CITY after completion of the activities and upon the presentation of a claim as provided by law governing AUTHORITY’s payment of claims and/or invoices. CITY shall submit monthly invoices for activities completed on forms which may be furnished by AUTHORITY. Payment shall be made within thirty (30) days from receipt of the invoice. Payments shall be made pursuant to the provisions herein and AUTHORITY’s then applicable payment policies, procedures, rules and directions. AUTHORITY is not responsible for remedying fraudulent or unauthorized payments requested in CITY’s name. Unless expressly approved in writing by AUTHORITY, CITY shall not complete activities under this Agreement without receiving a purchase order or purchase order number supplied by AUTHORITY. All invoices shall display a Hennepin County purchase order number and be emailed to OBF.Internet@hennepin.us and Ryan.Kelley@hennepin.us, or sent to the following central invoice receiving address: PO Box 1388, Minneapolis, MN 55440. AUTHORITY may withhold from any payment due to CITY any amount which is due and owing AUTHORITY under this or any other agreement between the parties due to overpayment or as a result of an audit. 4. INDEPENDENT CONTRACTOR CITY shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of AUTHORITY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. CITY’s personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with AUTHORITY and will not be considered employees of AUTHORITY. AUTHORITY shall not be responsible for any claims related to or on behalf of any of CITY’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of applicable law, against CITY, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from AUTHORITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation Form 101 (Revised 8/2022) 3 leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION A. In accordance with laws against discrimination, CITY shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. B. AUTHORITY encourages CITY to develop and implement a policy promoting diversity, equity, and inclusion in CITY’s workplace. 6. INDEMNIFICATION CITY shall defend, indemnify, and hold harmless AUTHORITY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of CITY personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 7. INSURANCE Each party warrants that it has a purchased insurance or a self-insurance program sufficient to meet its liability obligations and, at a minimum, to meet the maximum liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any immunity from liability under Chapter 466 or any other applicable law. 8. DUTY TO NOTIFY CITY shall promptly notify AUTHORITY of any demand, claim, action, cause of action or litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. CITY shall also notify AUTHORITY whenever CITY has a reasonable basis for believing that CITY and/or its Form 101 (Revised 8/2022) 4 employees, officers, agents or subcontractors, and/or AUTHORITY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 9. DATA PRIVACY AND SECURITY A. CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable law, rules, regulations and orders relating to data or the privacy, confidentiality or security of data. For clarification and not limitation, AUTHORITY hereby notifies CITY that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall promptly notify AUTHORITY if CITY becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by CITY does not necessarily make the data protected as such under any applicable law. B. In addition to the foregoing MGDPA and other applicable law obligations, CITY shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by CITY or acquired by CITY from or through Hennepin County or AUTHORITY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If CITY has access to or possession/control of County Data, CITY shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such policies, procedures, rules and directions, CITY shall notify AUTHORITY of the inconsistency and follow AUTHORITY’s direction. CITY shall immediately notify AUTHORITY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by AUTHORITY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying CITY’s indemnification obligations herein. Form 101 (Revised 8/2022) 5 C. AUTHORITY may, in its sole discretion, grant CITY limited access to AUTHORITY’S computer/data systems, including but not limited to Hennepin County or AUTHORITY computers, networks, databases, applications and/or environments owned by Hennepin County or AUTHORITY, (“County Systems”) exclusively for the purposes of performing services hereunder. County Systems may be owned by Hennepin County or AUTHORITY or may be licensed by Hennepin County or AUTHORITY from a third party. If AUTHORITY grants access to County Systems, CITY and all CITY personnel with access to County Systems: (i) shall secure and safeguard all access and authentication information related to County Systems, including but not limited to usernames, passwords, and other applicable authentication information related to County Systems access, (“Authentication Credentials”); (ii) shall not share or distribute Authentication Credentials with any individual; and (iii) shall comply with then applicable Hennepin County data practices and security policies, procedures, rules and directions when accessing and using County Systems. Compliance with such requirements is supplemental to CITY’s duty to comply with applicable law and regulations and CITY’s ordinary duty of care in such situations. For clarification and not limitation of the foregoing, CITY’s access to County Systems shall be subject to the following: (i) CITY shall notify all personnel with access to County Systems of the obligations imposed by this Agreement; (ii) personnel performing on behalf of CITY shall complete data practices and security training as required by AUTHORITY; (iii) if CITY utilizes its own systems, software or equipment in the performance of this Agreement, the same shall meet AUTHORITY’s technical operating and security system requirements, including but not limited to installing and/or maintaining AUTHORITY or Hennepin County approved firewalls, proxies, filters and other monitors and controls; (iv) CITY shall immediately notify AUTHORITY of any known or suspected County System incidents or breaches, then comply with all responsive directions provided by AUTHORITY; and (v) if any CITY personnel with access to County Systems no longer requires said access and/or is no longer performing services hereunder, CITY shall immediately notify AUTHORITY and ensure that said individual no longer has access to County Systems, including but not limited to deleting, eliminating and destroying all Authentication Credentials. AUTHORITY or Hennepin County may terminate, deny or revoke access to County Systems at any time and without notice. Any notice required by the foregoing shall be provided to AUTHORTY’S Contract Administrator (as identified in the CONTRACT ADMINISTRATION provisions below). D. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of AUTHORITY and as specified in writing by the Contract Administrator, CITY shall deliver to the Contract Administrator all County Data so specified by AUTHORITY. Form 101 (Revised 8/2022) 6 (2) AUTHORITY shall have full ownership and control of all such County Data. If AUTHORITY permits CITY to retain copies of the County Data, CITY shall not, without the prior written consent of AUTHORITY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of AUTHORITY would affect Hennepin County’s or AUTHORITY’s ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by AUTHORITY, CITY shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, CITY shall, upon AUTHORITY’S request, certify destruction of any County Data so specified by AUTHORITY. 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, AUTHORITY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to AUTHORITY for all covenants, agreements and obligations herein. B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of AUTHORITY. A consent to assign shall be subject to such conditions and provisions as AUTHORITY may deem necessary, accomplished by execution of a form prepared by AUTHORITY and signed by CITY, the assignee and AUTHORITY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of AUTHORITY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. Further, CITY shall be fully Form 101 (Revised 8/2022) 7 responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. CITY shall make contracts between CITY and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by AUTHORITY to a contract between CITY and a subcontractor, or a waiver or release by AUTHORITY of CITY’s full compliance with the requirements of this Section: (1) AUTHORITY’s request or lack of request for contracts between CITY and subcontractors; (2) AUTHORITY’s review, extent of review or lack of review of any such contracts; or (3) AUTHORITY’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, CITY shall pay any subcontractor within ten (10) days of CITY’s receipt of payment from AUTHORITY for undisputed services provided by the subcontractor, and CITY shall comply with all other provisions of that statute. 12. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. CITY and AUTHORITY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Notwithstanding the foregoing, the parties may agree to changes in the Scope of Services and Attachment A, by prior, mutual, written agreement and without formal amendment to this Agreement. Any such changes shall not operate to exceed the total cost of this Agreement set forth in Section 1. Except as expressly provided, the substantive legal terms contained in this Agreement, including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. Form 101 (Revised 8/2022) 8 C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND CANCELLATION/TERMINATION A. If CITY fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless CITY’s default is excused in writing by AUTHORITY, AUTHORITY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for AUTHORITY to delay payment until CITY’s compliance. In the event of a decision to withhold payment, AUTHORITY shall furnish prior written notice to CITY. B. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to AUTHORITY for damages sustained by AUTHORITY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage, AUTHORITY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages due AUTHORITY from CITY is determined. Following notice from AUTHORITY of the claimed breach and damage, CITY and AUTHORITY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to AUTHORITY under this Agreement, law, statute, rule, and/or equity. D. AUTHORITY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by AUTHORITY upon thirty (30) days’ written notice. F. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, CITY shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event CITY has performed work toward a deliverable that AUTHORITY has not accepted at the time of expiration, cancellation or termination, CITY shall not be entitled to any payment for said work, including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. Form 101 (Revised 8/2022) 9 G. CITY has an affirmative obligation, upon written notice by AUTHORITY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by AUTHORITY, or absent directions by AUTHORITY, to exercise a fiduciary obligation to AUTHORITY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CITY; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of CITY with the activities of the AUTHORITY so as to accomplish the purposes of this Agreement, Ryan Kelley, Manager, Transit Oriented Development, or successor (“Contract Administrator”), shall manage this Agreement on behalf of AUTHORITY and serve as liaison between AUTHORITY and CITY. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CITY shall comply with all applicable law, conditions of any funding sources, regulations, rules and ordinances currently in force or later enacted. B. CITY certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. CITY shall immediately notify AUTHORITY if CITY is debarred or suspended during the term of this Agreement. 17. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to AUTHORITY shall be sent to the Executive Director with a copy to the originating AUTHORITY department at the address given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in CITY’s Form W-9 provided to AUTHORITY. Form 101 (Revised 8/2022) 10 18. CONFLICT OF INTEREST CITY affirms that to the best of CITY’s knowledge, CITY’s involvement in this Agreement does not result in a conflict or potential conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to CITY, CITY shall immediately notify AUTHORITY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise AUTHORITY whether CITY will or will not resign from the other engagement or representation. Unless waived by AUTHORITY, a conflict or potential conflict may, in AUTHORITY’s discretion, be cause for cancellation or termination of this Agreement. 19. MEDIA OUTREACH CITY shall notify AUTHORITY, prior to publication, release, or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by AUTHORITY prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities, and/or other forms of outreach created by, or on behalf of, CITY (i) that reference or otherwise use the term “Hennepin County Housing and Redevelopment Authority” or any derivative thereof; or (ii) that directly or indirectly relate to, reference, or concern AUTHORITY, this Agreement, the services performed hereunder, or AUTHORITY personnel, including but not limited to Hennepin County employees and elected officials. 20. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Form 101 (Revised 8/2022) 11 AUTHORITY BOARD AUTHORIZATION HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY STATE OF MINNESOTA Reviewed by the County Attorney’s Office: By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: Executive Director Date: By: Deputy Executive Director Date: Form 101 (Revised 8/2022) 12 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL (“CITY”) AUTHORIZATION CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* By: Printed Name: Adam Bell Printed Title: Executive Director Date: *CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory’s delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to COUNTY. Documentation is not required for a sole proprietorship. Form 101 (Revised 8/2022) 13 Attachment A: Program Eligibility Guidelines The Economic Development Authority of the City of Crystal (EDA) has established the following guidelines for the storefront/façade improvement assistance program funded by a grant from the Hennepin County Housing & Economic Development Business District Initiative program: General Guidelines • Eligibility is limited to those properties described as being within Areas A, B or C (see Attachment B). • Assistance is a no-interest loan for up to 50% of the cost of eligible improvements. • Loans shall be in the form of a Repayment Agreement that will be recorded by the EDA as a lien against the property. • Loans will have a 10-year term. The loan balance will be reduced by 10% each year and forgiven after 10 years. • If the property is sold during the 10-year term, the remaining loan balance is immediately due. Note: Repayments will be used to capitalize a revolving loan fund for the EDA to continue the storefront/façade program after Hennepin County funding is exhausted. • Minimum project size is $10,000 Note: This would qualify for a $5,000 forgivable loan • There is no maximum project size, but the maximum forgivable loan is $12,500. • Funds will not be disbursed until after the work is complete, the EDA receives documentation that all invoices for work have been paid in full, and the EDA receives a fully executed and recordable Repayment Agreement. Eligible Applicants • Property owners, tenants and for-profit and not-for-profit businesses are eligible, provided funds are primarily used for physical building improvements. • If the applicant is not the property owner, a written statement of support from the property owner and, prior to disbursement of funds, the property owner’s notarized signature on a recordable Repayment Agreement are required. • The property must be up-to-date on all property taxes, assessments, utility bills and other city charges at the time of application submittal. • Business applicants and property owners are allowed no more than one forgivable loan per calendar year. Form 101 (Revised 8/2022) 14 Eligible improvements Storefront improvement assistance may be used for a variety of exterior building façade improvements. The work must be visible from the public street. A façade is defined as an individual storefront or commercial building side which faces a public-right-of-way or is otherwise visible to the general public from the street. The following improvements are eligible: • Restoration of exterior finishes and materials • Masonry repairs and tuckpointing • Exterior painting or re-siding (professional cleaning) • Removal of architecturally inappropriate or incompatible exterior finishes and materials • Repair or replacement of windows and doors (replacement must be architecturally appropriate) • Canopy or awning installation or repair • Exterior lighting • Green Façade Improvement (i.e. Living Wall, ecofriendly [non-VOC] paint, reclaimed wood, etc.) • Repair or replacement of exterior signage • Outdoor patio seating • Decorative bike parking • Improvements to building access for pedestrians and people with disabilities • Exterior building or accent lighting (parking lot lighting ineligible) • Landscaping work done as part of a larger project (up to 25% of total project cost eligible) • Projects must be completed prior to the end of the city’s contract with Hennepin County (June 30, 2025). Be sure to verify project timeline with all contractors. Ineligible activities The following activities are not eligible: • Purchase or lease of real property • Improvements already in progress or completed prior to contract approval • Routine maintenance that is not part of an eligible storefront improvement project • Improvements to a building interior, rear, or side not visible from a public street • Improvements to residential buildings (excluding buildings with a mix of residential and commercial/retail) • Roofing • HVAC systems, building mechanicals, or security systems (including roll-down gates, window bars, cameras and alarms) • Fencing (excludes decorative fencing as part of landscaping improvement) • Parking areas • Billboards, roof signs, temporary signs, and signs placed in or on windows Form 101 (Revised 8/2022) 15 • Monument, dynamic display or electronic message signs • Purchase or rental of tools and equipment, or for labor performed by the building or business owner, family members, employees, or any other person with a financial interest in the property or business. Grant funds may be used to pay for materials. • Seasonal decorations or temporary improvements. • Any other improvement not included in the list of improvements. Procedure 1. EDA provides Guidelines, Application Form and Repayment Agreement template on city website, by request, and by direct outreach to businesses and property owners in the eligible areas. 2. EDA makes architectural and design assistance available at no cost, up to a maximum of $1,000 per business property and $3,000 per real property with multiple business tenants. 3. Applications including any project designs, drawings, etc. will be reviewed by EDA staff and, if complete, will be considered by the EDA Board of Commissioners at its next available regular meeting. 4. If the application is approved, funds will be disbursed upon completion of the approved project and receipt of the following: • Invoices and proof of payment/lien waivers from vendors/contractors • A fully executed and recordable Repayment Agreement from the property owner, which the • EDA will record as a lien on the property • Any other documentation necessary for EDA staff to verify that the project has been completed in accordance with the approved application ELIGIBLE PROJECT AREAS Attachment B ELIGIBLE PROJECT AREAS ELIGIBLE PROJECT AREAS LIST OF ELIGIBLE REAL PROPERTIES ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: November 29, 2023 TO: Adam R. Bell, Executive Director (for December 5 meeting) SUBJECT: Consider a resolution requesting conveyance of tax-forfeited land at 6110 Lakeland Ave. N. The subject property is a 27,358 sq. ft. (0.63 acre) lot containing a house built in 1942 and detached garage built in 1982. The house and garage are in a blighted condition, and have been for many years. The previous owner passed away in July 2018 and the house has been unoccupied since then. The property was forfeited to the state for nonpayment of property taxes on May 13, 2019, albeit with a three year right of redemption in favor of the estate of the deceased owner, which it did not exercise. In summer 2023 the county approached city staff about purchasing the property for rehabilitation or redevelopment. At the time the county proposed a fair market value of $110,000 but allowed city staff to inspect the interior of the home because county staff had not done so. Upon inspection city staff determined that: • The house and garage could theoretically be rehabbed but only at great expense by basically rebuilding everything except (maybe) the foundation and frame. • The level of rehab is the same as what would be needed after a fire - clean out contents, remove all drywall, insulation and existing systems down to the frame, evaluate the condition of the underlying structure (foundation, frame, roof, exterior walls, windows, etc.) and rebuild from that. • As a recent example, a similarly-sized house at 5242 Louisiana, where the framing did survive a recent fire, had a rehab cost of $253,000 just for the building permit work (not including electrical & mechanical work which is probably another $50,000 or so). EDA STAFF REPORT 6110 Lakeland Ave. N. For these reasons, city staff concluded that the property’s fair market value is the estimated lot value less demolition and site clearance costs: $90,000 estimated lot value - $30,000 demolition and site clearance = $60,000 fair market value On Aug. 31 city staff presented this information along with 34 photos of the property to the county and asked them to reconsider their fair market value estimate. On Nov. 7 the county revised its fair market value estimate to $60,000 and on Nov. 21 provided the attached term sheet to city staff. If the EDA proceeds with this purchase, and after the lot is cleared, staff would recommend seeking builder proposals for a single family home, single family home with Accessory Dwelling Unit (ADU), or two family dwelling. We would bring the Request for Proposals to the EDA for approval before proceeding with marketing the lot. Please note that the subject property is generally similar in size to 4824 56th Ave. N. which is being sold to Noberg Homes for construction of a single family home with ADU. Attachments: • Resolution requesting conveyance of tax-forfeited land • Term sheet for EDA purchase • Location map and aerial photos of the property • Photos of the property REQUESTED EDA ACTION Adopt the attached resolution requesting conveyance of tax-forfeited land at 6110 Lakeland Ave. N. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023 - __ REQUESTING CONVENYANCE OF TAX-FORFEITED LAND AT 6110 LAKELAND AVENUE NORTH WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is a public body corporate and politic organized and existing under the laws of the State of Minnesota; and WHEREAS, a parcel of land, including improvements thereon, with a Property Identification Number of 05-118-21-11-0085, addressed as 6110 Lakeland Avenue North and legally described in the attached Exhibit A, has become tax-forfeited land (“the Property”); and WHEREAS, as a governmental subdivision of the State of Minnesota, the EDA is eligible to purchase the Property; and WHEREAS, the EDA finds that the purchase of the Property by the EDA would be in the public interest. NOW, THEREFORE, BE IT RESOLVED that the Economic Development Authority of the City of Crystal requests that Hennepin County proceed with the sale of the Property to the EDA; and BE IT FURTHER RESOLVED that the EDA authorizes the President and Executive Director to execute documents and take other actions necessary to effectuate the purchase of the Property as described in the Cost Sheet dated Nov. 21, 2023. Adopted this 5th day of December, 2023. ____________________________________ Therese Kiser, President ____________________________________ Adam Bell, Executive Director EXHIBIT A Legal Description of the Property Lot 1, Block 1, Runquist Addition, Hennepin County, Minnesota, subject to highway. From: Emma Zachman - Hennepin County Tax Forfeited Lands Phone Number: 612-387-3910 Date: 11/21/2023 PURCHASE COSTS:PID: 05-118-21-11-0085 NER# Market Value $60,000.00 Specials After Forfeiture $1,098.11 Assurance Fee (3%)$1,832.94 State Deed Preparation Fee: $25.00 Filing Fees:{TFL to file deed}$51.00 State Deed Tax:{ $ 1.70 / $500 or part thereof - see chart }$207.73 TFL Holding Costs per State Statute 282.01 Subd 1.* $0.00 IF FULL PAYMENT REQUIRED: Total: $63,214.79 *Valid Through: 60 days after calcluated date Must be postmarked NO LATER than 12/31/2023 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 6110 Lakeland Ave N PID NUMBER: PID: 05-118-21-11-0085 PREPARED FOR: City of Medina PHONE NUMBER: *Hennepin County reserves the right to update costs at anytime. *This cost sheet is being provided for informational use only, and is not intended to be, nor should it be construed as, an approval of sale by Hennepin County. Hennepin County Resident and Real Estate Services Tax-Forfeited Land Cost Sheet for Governmental Subdivision Location Map Aerial Photos House Exterior House Interior House Basement Detached Garage 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Dec. 1, 2023 City Council Work Session Agenda Tuesday, Dec. 5, 2023 6:45 p.m. Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held on Tuesday, Dec. 5, 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, Dec. 5, 2023. I. Attendance Council members Staff ____ Adams ____ Bell ____ Budziszewski ____ Gilchrist ____ Cummings ____ Therres ____ Eidbo ____ Elholm ____ Kamish ____ Larson ____ Kiser ____ Perkey ____ Onesirosan ____ Revering ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Constituent issues.* 2. New business.* 3. Announcements.* III. Adjournment The work session adjourned at ______ p.m. * Denotes no documentation included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Page 1 of 2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Dec. 1, 2023 City Council Meeting Agenda Tuesday, Dec. 5, 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 Nov. 21, 2023. b. The City Council meeting on Nov. 21, 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 donations. 3.4 Adoption of a resolution designating 2024 polling places. 3.5 Adoption of a resolution authorizing the Metropolitan Council Environmental Services Private Property Inflow and Infiltration grant program. 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. Page 2 of 2 5. Public Hearing 5.1 The Mayor will open a public hearing to receive comments, and the Council will consider a resolution approving the 2024 budget, 2024 property tax levy, and 2024 Economic Development Authority budget and property tax levy. The City Council has had several work sessions on the 2024 budget and there are no changes from the preliminary budget and levies the City Council approved in September. Assistant Finance Director Jodi Bursheim will provide a brief overview of the budget and how market values impact property taxes. After the Council takes public comment, recommend adoption of the resolution approving the 2024 budget, 2024 property tax levy, and 2024 Economic Development Authority property tax levy. 6. Regular Agenda 6.1 The Council will consider approval of disbursements of more than $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 7. Announcements a. Crystal Sparkles holiday lighting map will be available during the week of Dec. 5. Residents and businesses are welcome to share their holiday light display with the city and be included on the display map at go.crystalmn.gov/sparkles. b. The cities of Robbinsdale, Crystal and New Hope are hosting the 2023 Tri-city Santa Parade on Saturday, Dec. 9 at 5 p.m. c. The City Council will hold a work session on Thursday, Dec. 14 at 6:30 p.m. in the Council Chambers at City Hall and via Zoom. d. The next City Council meeting is Tuesday, Dec. 19 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 Nov. 21, 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 6:31 p.m. on Nov. 21, 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 deputy city clerk recorded the attendance for city council members and staff: Council members present: Onesirosan, Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Public Works Director M. Ray, Deputy Police Chief B. Hubbard, West Metro Fire-Rescue District Chief S. Larson, Community Development Director J. Sutter, City Planner D. Olson and Deputy City Clerk C. Yang. Police Chief S. Revering and Recreation Director J. Elholm were present via Zoom. II.Agenda The Council and staff discussed the following agenda items: 1.Moved by Council Member Cummings and seconded by Council Member Kamish to close the meeting pursuant to Minnesota Statutes § 13D.05, subd. 3(b) for an attorney-client privileged discussion with the city attorney regarding the DuPont/3M PFAS settlement. Motion carried. Moved by Council Member Budziszewski and seconded by Council Member Cummings to re- open the meeting at 6:50 p.m. Motion carried. 2. Police department quarterly update. At 7 p.m., Mayor Adams continued the work session to resume immediately after the City Council meeting. Mayor Adams reconvened the work session at 8:37 p.m. to continue discussion of the police department quarterly update and the following remaining agenda items: 3.Environmental Quality Commission status. 4.City Council liaison reports. 5.City manager monthly check-in. 6.Constituent issues. 7.New business. 8.Announcements. III.Adjournment The work session adjourned at 9:46 p.m. Jim Adams, Mayor ATTEST: Chee Yang, Deputy City Clerk 3.1(a) Crystal City Council meeting minutes Nov. 21, 2023 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Nov. 21, 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 deputy city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Onesirosan, Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Public Works Director M. Ray, Deputy Police Chief B. Hubbard, West Metro Fire-Rescue District Chief S. Larson, Assistant Finance Director J. Bursheim, Community Development Director J. Sutter, City Planner D. Olson and Deputy City Clerk C. Yang. Police Chief S. Revering and Recreation Director J. Elholm were 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 Kiser and seconded by Council Member Eidbo to approve the agenda. Motion carried. 3.Proclamations 3.1 The Mayor proclaimed Nov. 23, 2023, as Thanksgiving Day in the City of Crystal. 3.2 The Mayor proclaimed Nov. 25, 2023, as Small Business Saturday 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 regular work session on Nov. 7, 2023. b.The City Council joint work session with the Environmental Quality Commission on Nov. 7, 2023. c.The City Council regular meeting on Nov. 7, 2023. d.The City Council regular work session on Nov. 9, 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 a Res. No. 2023- 101, making the city’s annual insurance elections. 4.4 Adoption of a Res. No. 2023- 102, appointing a technical advisory committee representative to the Bassett Creek Watershed Management Commission. 4.5 Adoption of Res. No. 2023- 103, appointing a technical advisory committee representative to the Shingle Creek Watershed Management Commission. 3.1(b) Crystal City Council meeting minutes Nov. 21, 2023 Page 2 of 3 4.6 Adoption of Res. No. 2023- 104, electing to opt out of the Proposed Settlement Agreements with 3M and Dupont Regarding PFAS litigation. Moved by Council Member Kamish and seconded by Council Member Kiser to approve the consent agenda. Motion carried. 5. Open Forum The following persons addressed the Council during open forum regarding regular agenda item 6.2: • Dave Bissen, 6603 36th Ave. N. • Kathy Bissen, 6603 36th Ave. N. • Terry Baresh, 3541 Hampshire Ave. N. 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 Onesirosan to approve the list of disbursements over $25,000. Voting aye: Onesirosan, Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Motion carried. 6.2 The Council considered adoption of a resolution approving a CIC (condominium) plat for 6613 36th Ave. N. City Planner Dan Olson addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Eidbo to adopt the following resolution: RESOLUTION NO. 2023 – 105 RESOLUTION APPROVING A COMMON INTEREST COMMUNITY PLAT AT 6613 – 36TH AVENUE NORTH By roll call voting aye: Budziszewski, Cummings, Eidbo and Adams. Voting nay: Kiser. Council members Kamish and Onesirosan abstained from the vote. Motion carried, resolution declared adopted. 6.3 The Council considered acceptance of the 2024-2033 Long-Term Plan. City Manager Adam R. Bell and Assistant Finance Director Jodi Bursheim addressed the Council. Moved by Mayor Adams and seconded by Council Member Eidbo to approve the 2024-2033 Long-Term Plan making changes to years 2028 and 2029 with a levy increase projection of 10 percent and for 2030-2033 to continue as proposed in the Long-Term Plan. By roll call voting aye: Cummings, Eidbo, Kamish, Kiser, Adams and Budziszewski. Voting nay: Onesirosan. Motion carried, resolution declared adopted. 3.1(b) Crystal City Council meeting minutes Nov. 21, 2023 Page 3 of 3 6.4 The Council considered a Memorandum of Understanding (MOU) with Law Enforcement Labor Services (LELS), Local 56 (police supervisors). City Manager Adam R. Bell addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the MOU with LELS, Local 56 (police supervisors). Voting aye: Onesirosan, Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Motion carried. 8. Announcements The Council and staff made announcements about upcoming events. 9. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Eidbo to adjourn the meeting. Motion carried. The meeting adjourned at 8:27 p.m. ___________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Chee Yang, Deputy City Clerk 3.1(b) Page 1 of 1 City of Crystal Council Meeting Dec. 5, 2023 Applications for City License Rental – New 3237-3241 Douglas Dr. N. – Yewulsew Atnafu (Conditional) 8005 33rd Ave. N. – Total Care Assisted Living (Conditional) Rental – Renewal 4401 Brunswick Ave. N. – Rebekah Archer (Conditional) 4367 Colorado Ave. N. – Restart, Inc. 6720 Corvallis Ave. N. – Leslie Oyster (Conditional) 3141 Douglas Dr. N. – Mike Halek 3408 Douglas Dr. N. – Wally Anderson (Conditional) 3414 Douglas Dr. N. – Wally Anderson (Conditional) 5324-5340 Hanson Ct. N. – RST Holdings II, LLC (Conditional) 3500 Jersey Ave. N. – Timothy and Jennifer Hruska (Conditional) 3500 Kyle Ave. N. – Josh Breitung and Martin Kosto (Conditional) 4832 Louisiana Ave. N. – Aquila Properties, LLC (Conditional) 3501 Major Ave. N. – Invitation Homes 3224 Maryland Ave. N. – Andrew Berenberg 3525 Noble Ave. N. – C and N Wescoe Bauman (Conditional) 8427 Northern Dr. N. – Invitation Homes (Conditional) 5733 Orchard Ave. N. – Blulake Properties, LLC (Conditional) 5233 Unity Ct. N. – Steven Neuman (Conditional) 4230 Zane Ave. N. – Yee Tee Wang (Conditional) 6000-6002 36th Ave. N. – Mark Landwehr 6621 41st Pl. N. – Invitation Homes (Conditional) 5317 48th Ave. N. – Crystal Clear Investments (Conditional) 5328 49th Ave. N. – Invitation Homes (Conditional) 3.2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2023 – ___ RESOLUTION ACCEPTING DONATIONS FROM RICHARD HENDRICKSON AND DONATION BOXES WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal to accept the following donations: Donors Purpose Amount Richard Hendrickson Recreation program $100 Donation boxes Crystal K9 program $457 BE IT FURTHER RESOLVED, that the Crystal City Council sincerely thanks the generous donors for their donations. Adopted by the Crystal City Council this 5th day of December, 2023. By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Chee Yang, Deputy City Clerk 3.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2023 – ___ A RESOLUTION DESIGNATING POLLING PLACES WITHIN THE CITY OF CRYSTAL WHEREAS, Minnesota Statutes § 204B.16, subd. 1, requires municipalities to designate by ordinance or resolution any changes to a polling location for each election precinct; and WHEREAS, this designation must be made by December 6, 2023 for the next calendar year and beyond unless changed pursuant to statute; and WHEREAS, the City of Crystal elects to establish polling places by resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the following are established as polling places: Ward 1, Precinct 1: Crystal City Hall, 4141 Douglas Dr. N. Ward 2, Precinct 1: FAIR School Crystal, 3915 Adair Ave. N. Ward 2, Precinct 2: FAIR School Crystal, 3915 Adair Ave. N. Ward 3, Precinct 1: Crystal Community Center, 4800 Douglas Dr. N. Ward 4, Precinct 1: Cornerstone Church Crystal, 5000 West Broadway. BE IT FURTHER RESOLVED, that these are the polling places for the year 2024 and beyond unless a change is made: 1.Due to an emergency pursuant to Minnesota Statutes § 204B.175; or 2.Because a polling place has become unavailable. Adopted by the Crystal City Council this 5th day of December, 2023. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chee Yang, Deputy City Clerk 3.4 Memorandum DATE: December 5, 2023 TO: City Council FROM: Ben Perkey, PE, Engineering Project Manager SUBJECT: Authorizing the MCES I&I Grant Application Background Inflow and infiltration is clear water — stormwater and groundwater — that enters the wastewater system. More than half of this clear water in the metro region’s sewer system comes from private properties. Pipes, also known as sewer laterals, connect private properties to the city sanitary sewer and can experience cracks and deterioration that come with age or when roots break through the pipes, allowing groundwater into the system. This clear water doesn’t need to be treated as wastewater. The 2024 MCES Private Property Inflow and Infiltration Grant Program provides $1.5 million in wastewater revenue to provide grants to private property owners to help with repairs that will remove and prevent clear water from entering the wastewater treatment system. In 2022, the Minnesota Legislature amended statute 471.342 to allow the Met Council to provide grant funding to local municipalities to assist private property owners with costs associated with repairing sewer infrastructure on their property. Municipalities may apply to receive grant money and distribute those funds to private property owners or contractors in alignment with the grant program guidelines. Grant awards may be 50% of eligible costs up to $5,000. Qualified spending on eligible work can happen between Jan. 1, 2024 and Dec. 31, 2024. Use of Funds The city would use the proposed MCES grant funds to augment the city’s existing home improvement grant program which pays for 40% of qualifying homeowners’ sanitary sewer service lining or replacement projects. The proposed grant program would also leverage the city’s existing private sanitary sewer repair program that is part of the annual Utility Reconstruction Project. The overarching goal is to significantly expand the number of old sanitary sewer services being lined or replaced in 2024. Recommended Action Motion to approve the resolution authorizing the MCES Private Property I&I Grant Program Application. 3.5 RESOLUTION NO. 2023 - _____ AUTHORIZING THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES PRIVATE PROPERTY INFLOW & INFILTRATION GRANT PROGRAM APPLICATION WHEREAS, the Metropolitan Council Environmental Services (MCES) has identified the City of Crystal as one of the many metro cities that have quantities of storm water and ground water, commonly referred to as Inflow and Infiltration (I&I), entering the public sanitary sewer system; and WHEREAS, in 2022 the Minnesota Legislature amended State Statute 471.342 to allow the Met Council to provide grant funding to local municipalities to assist private property owners with costs associated with repairing sewer infrastructure on their property; and WHEREAS, the City has identified private sanitary sewer system components requiring rehabilitation to minimize or eliminate I&I; and WHEREAS, the City has an existing program to line private sanitary sewer services as part of the Utility Reconstruction Program; and WHEREAS, the City has read the program guidelines and support participation in the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: 1) The Department of Public Works is authorized to apply for these grants. 2)Ben Perkey, Engineering Project Manager, or his designee is authorized to submit the applications and to serve as the contact person. 3)The City agrees to remit available grant funding towards the continued minimization or elimination of excessive I&I within the public sanitary sewer system. 4)The City will secure and retain invoices for all eligible repairs and that MCES will have reasonable access to audit these records upon request. 5) The City Manager is authorized to sign said agreement. Adopted by the Crystal City Council this 5th day of December, 2023. Jim Adams, Mayor ATTEST: Chee Yang, Deputy City Clerk 3.5 Memorandum DATE: December 5, 2023 TO: Mayor and City Council Adam R. Bell, City Manager FROM: Jodi Bursheim, Abdo Financial Solutions, LLC SUBJECT: Consideration of Resolutions Adopting the 2024 Property Tax Levies, 2024 budget and 2024 EDA levy BACKGROUND The City Council has held work sessions to discuss property tax revenues and budget proposals. The outcome of the budget work sessions resulted in a proposed property tax levy increase of 10.0%. The emphasis for the 2024 budget has been to focus on meeting current service demands of the community and legislative mandates while striving for minimal impact to taxpayers, provide competitive wages and benefits to retain quality people, to provide effective and efficient services to our residents and businesses, to continue to invest in future capital needs including Parks and Street Improvements, and to plan for increases in fund balance to meet target levels. While property taxes support approximately 75% of General Fund activity, they also support parks, street reconstruction and the police revolving fund throughout the city. In addition, property taxes support, through internal service fund allocations, fleet, buildings, and information technology. It is important to maintain healthy reserves as local governments rely heavily on property tax revenue and need to have sufficient cash flow between property tax collection cycles to maintain operations. The 2024 revised budget reflects an increase of $488,233 to general fund reserves. This amount, as well as existing reserves, could fluctuate based on actual operations. 2024 levy 2024 Revised 2024 Increase (Decrease) 2024 % Change General levy 14,818,719$ 1,278,514$ 9.44 % Capital Improvements Police Equipment Revolving 92,211 (68,987) -42.80 Park Improvement 882,753 141,696 19.12 Street Construction 529,047 144,826 37.69 Total Capital Improvements levy 1,504,011 217,536 16.91 EDA 335,172 18,972 6.00 Total levy 16,657,902$ 1,515,022$ 10.00 % 5.1 Special Revenue, Debt Service, Capital Project, Enterprise, and Internal Service Fund budgets are included in the total budget. These budgets were also discussed during the long-term plan discussions. RECOMMENDATION The City Council is requested to consider approving the final 2024 property tax levy, 2024 Budget, and 2024 EDA Levy. OTHER 2024 BUDGETS 5.1 2024 Budget December 5, 2023 5.1 Budget Goals Meet service demands of the community and legislative mandates while striving for minimal impact to taxpayers. Meet Council’s four priorities. Provide sound financial planning for a two-year budget that ensures continued core services. Continue to fund future capital needs including Parks & Street Improvements. Monitor economic challenges. Provide competitive wages and benefits to attract and retain quality people to provide effective and efficient services to our residents and businesses. 5.1 Council Goals Thriving Business Climate Beautification and branding (seasonal planters, banners, litter clean-up along major corridors) Outreach to prospective businesses and promotion of new business openings Strong Neighborhoods Implementation of Parks Master Plan Home improvement grants and loans Code enforcement Public safety Sound Financial Policies Biennial budget Long term plan Utility Study Welcoming/Inclusive Community Inclusive play areas Joint Community Police Partnerships Continued partnership with embedded domestic advocacy group Community events Partnership with Hennepin County –mental health programming 5.1 General Fund Summary 2022 2022 2023 2024 2024 % Increase Adopted Actual Adopted Original Revised 2024 REVENUES (2024 Revised over 2023) Property taxes - operations 12,586,094$ 12,488,689$ 13,697,548$ 15,271,008$ $ 14,892,219 9% Special assessments and other 52,000 27,432 71,950 51,950 31,950 -56% Licenses and permits 850,960 850,950 932,660 903,860 918,460 -2% Intergovernmental revenues 1,777,489 1,927,302 1,655,044 1,559,485 3,015,473 82% Charges for services 863,853 876,702 778,475 796,195 752,595 -3% Fines & forfeits 275,000 184,396 186,500 186,500 188,876 1% Investment income 125,000 (173,505) 100,000 100,000 47,000 -53% Miscellaneous 68,000 41,054 44,500 44,500 24,500 -45% Other (interfund servcies transfers-in)505,185 505,214 671,295 704,173 711,601 6% TOTAL REVENUES 17,103,581$ 16,728,234$ 18,137,972$ 19,617,671$ $ 20,582,674 13% EXPENDITURES General Government 2,353,195$ 2,420,396$ 2,573,075$ 2,838,141$ $ 2,747,113 7% Public safety 8,515,723 9,082,615 9,167,039 9,960,740 10,377,741 13% Community Development 742,832 735,302 823,802 862,680 854,612 4% Public works 3,239,980 3,347,970 3,349,558 3,558,026 3,615,761 8% Recreation 2,251,851 2,399,397 2,224,498 2,398,084 2,499,214 12% Other Financing Uses - Transfers Out - - - 488,233 TOTAL EXPENDITURES 17,103,581$ 17,985,680$ 18,137,972$ 19,617,671$ $ 20,582,674 13% 5.1 2024 General Fund Increase -$2,444,702 REVENUES Property taxes $ 1,194,671 Special assessments & other $ (40,000) Licenses & Permits $ (14,200) Intergovernmental revenues $ 1,360,429 Charges for services $ (25,880) Fines & forfeits $ 2,376 Investment income $ (53,000) Miscellaneous $ (20,000) Other $ 40,306 Total $ 2,444,702 EXPENDITURES General Government $ 174,038 Public safety $ 1,210,702 Community Development $ 30,810 Public works $ 266,203 Recreation $ 274,716 Other Financing Uses -Transfers Out $ 488,233 Total $ 2,444,702 5.1 Impacts for 2024 •Utilities staffing increase –one person for meter maintenance and replacements (Paid for by Utility Funds NOT General Fund) •Police staffing increase –Crime Analyst position •Three Elections •Planned capital levy increases •Worker compensation and insurance premium increases •Settled Union Contracts (Police officers and Police Supervisors) •Additional LGA funds •One-time Police Aid •Invest in increased fund reserves •Unsettled labor agreements (Public Works) •City Manager wage allocation change -(50% GF / 50% EDA to 75% GF / 25% EDA) •Property value impacts 5.1 General Fund Expenditures General Government 13% Public safety 51% Community Development 4% Public works 18% Recreation 12% Other -Transfers Out 2% 5.1 EDA Budget Summary Revenue 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Property Taxes - Adopted Levy 282,744$ 300,000$ 310,122$ 316,200$ 335,172$ Prior Years' Delinquent Taxes 1,191$ 1,471$ 1,605$ -$ -$ Special Assessments*20,107$ 20,003$ 32,839$ 32,834$ 32,834$ Interest Income 79,686$ (10,026)$ (39,171)$ 8,000$ 8,000$ Miscellaneous Revenue -$ 273$ 14,533$ -$ 26,800$ Total Revenue 383,728$ 311,720$ 319,927$ 357,034$ 402,806$ Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed Personnel Services 312,634$ 330,071$ 299,173$ 271,358$ 232,708$ Professional, Audit & Legal Services 17,163$ 8,160$ 31,306$ 26,000$ 32,000$ Contractual Services*5,136$ 77,980$ 3,484$ 5,000$ 15,000$ Internal Service Fund Charges -$ 4,568$ 5,186$ 5,215$ 7,354$ Home Improvement Grant Program 40,511$ 91,470$ 33,625$ 25,300$ 26,800$ Branding and Beautification 10,550$ 12,228$ 6,251$ 20,050$ 40,550$ Façade Improvement Grants -$ -$ 12,500$ -$ 40,000$ Miscellaneous Operating Expenses 3,127$ 2,437$ 5,849$ 5,000$ 7,100$ Total Expenditures 389,119$ 526,914$ 397,374$ 357,923$ 401,513$ Net Revenue Over (Under) Expenditures 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed (5,392)$ (215,194)$ (77,447)$ (889)$ 1,293$ Cash Fund Balance at Year End 2020 Actual 2021 Actual 2022 Actual 2023 Adopted 2024 Proposed ******* 2,159,000$ 2,053,388$ 1,971,841$ 1,970,952$ 1,972,245$ ** Adopted and Proposed Cash Fund Balance are from the Long Term Plan. * Prior years' Actual Cash Fund Balances are from each year's Audit. The change in cash balance may not *Special assessments are the method of repayment for EDA financing of installation of fire protection *2021 contractual services expenditures included $64,170 for installation of a fire protection system at 5.1 2024 Revised Budget reflects Council work session objectives Reduction in Levy increase Revised from 2024 original increase of 13.06% to 10.00% Invest in Long-term Capital Funds Includes additional investment of $217K to capital funds Invest in increasing Fund Balance targets Includes proposed transfer to fund balance of $488K 5.1 Property Tax Levy 2022 Adopted 2023 Adopted 2023 Increase (Decrease) 2023 % Change 2024 Proposed 2024 Increase (Decrease) 2024 % Change 2024 Revised 2024 Increase (Decrease) 2024 % Change General levy 12,508,518$ 13,540,205$ 1,031,687$ 8.25 % $ 15,222,508 $ 1,682,303 12.42 %14,818,719$ 1,278,514$ 9.44 % Capital Improvements Police Equipment Revolving 158,037 161,197 3,160 2.00 164,421 $ 3,224 2.00 92,211 (68,987) -42.80 Park Improvement 606,999 741,057 134,058 22.09 882,753 $ 141,696 19.12 882,753 141,696 19.12 Street Construction 245,926 384,221 138,295 56.23 529,047 $ 144,826 37.69 529,047 144,826 37.69 Total Capital Improvements levy 1,010,962 1,286,475 275,513 27.25 1,576,221 $ 289,746 22.52 1,504,011 217,536 16.91 EDA 310,000 316,200 6,200 2.00 322,524 $ 6,324 2.00 335,172 18,972 6.00 Total levy 13,829,480$ 15,142,880$ 1,313,400$ 9.50 % $ 17,121,253 $ 1,978,373 13.06 %16,657,902$ 1,515,022$ 10.00 % 5.1 How are Property Tax Levies determined? VIDEO https://youtu.be/VwNj2COI7Uc 5.1 Levy Comparison with Adjacent Cities Pay 2023 Pay 2024 $ Change % Change % Adopted Proposed Levy Levy Chg. Levy Levy 2023-2024 2023-2024 Rank BROOKLYN CENTER 23,304,015 25,318,287 2,014,272 8.6%3 33,938 $746.02 4 BROOKLYN CENTER BROOKLYN PARK 57,909,155 64,707,818 6,798,663 11.7%1 84,993 $761.33 3 BROOKLYN PARK CRYSTAL 15,142,880 16,657,902 1,515,022 10.0%2 22,791 $730.90 5 CRYSTAL GOLDEN VALLEY 31,332,048 33,411,310 2,079,262 6.6%4 22,034 $1,516.35 1 GOLDEN VALLEY NEW HOPE 19,053,316 20,075,245 1,021,929 5.4%5 21,552 $931.48 2 NEW HOPE ROBBINSDALE 9,543,863 9,925,702 381,839 4.0%6 14,986 $662.33 6 ROBBINSDALE CITY NAME Total Levy CITY NAME Population (2022 Met Council Est.) Proposed 2024 Levy P er Capita Per Capita Rank 5.1 Tax Impacts 2023 2024 Percent of Change Levy * not including HRA $14,826,680 $16,322,730 10.09% Levy - including HRA $15,142,880 $16,657,902 10.00% Net Tax Capacity $27,087,605 $28,903,880 6.71% Tax Rate 46.43%48.28%3.98% Percentile Home Value Estimated Annual Increase Percentage of Increase 10th $242,900 $88 8.47% 30th $269,700 $97 8.31% 50th $293,400 $121 9.51% 70th $320,640 $143 10.25% 90th $374,380 $178 10.81% Proposed Tax Impact for 2024 5.1 How is your market value determined? VIDEO https://youtu.be/VwNj2COI7Uc 5.1 Market Value Impacts •Taxes are based on 2023 assessment values •Overall increase in taxable market value –approximately 6% Property Type 2023 Market Value % Changes Apartment 1.3% Commercial 7.7% Industrial 21.4% Residential Condo -1.0% Residential Single Family 4.6% Residential Duplex/Triplex 0.8% Residential Townhome 2.6% 5.1 Market Value Distribution Apartment 9%Commercial 6% Industrial 3% Residential 82% Estimated Market Value Allocation 5.1 Total Budget Summary General Special Revenue Debt Service Capital Projects Enterprise Internal Service Total Revenue Property Taxes and Special Assessments 14,924,169$ 726,759$ 1,465,000$ 1,734,011$ -$ -$ 18,849,939$ Licenses and Permits 918,460 - - - - - 918,460 Intergovernmental Revenue 3,015,473 26,800 - 458,630 - 90,928 3,591,831 Charges for Services 752,595 - - - 11,462,041 - 12,214,636 Fines and Forfeits 188,876 - - - - - 188,876 Interest Income 47,000 35,000 8,900 45,000 27,000 21,000 183,900 Miscellaneous 24,500 - - - 411,000 80,000 515,500 Interfund Services 711,601 - - - - 2,607,734 3,319,335 Transfers In - - - - - - - Total Revenue 20,582,674$ 788,559$ 1,473,900$ 2,237,641$ 11,900,041$ 2,799,662$ 39,782,477$ Appropriations General Government 2,747,113$ -$ -$ -$ -$ 2,084,444$ 4,831,557$ Police and Fire 10,377,741 - - - - - 10,377,741 Community Development 854,612 - - - - - 854,612 Public Works 3,615,761 - - - - - 3,615,761 Recreation 2,499,214 - - - - - 2,499,214 Debt Service - - 1,385,372 - - - 1,385,372 Capital Outlay - - - 3,019,819 - 5,918,098 8,937,917 Enterprise Funds - - - - 11,362,626 - 11,362,626 Economic Development Authority - 705,712 - - - - 705,712 Transfers Out 488,233 488,233 Total Appropriations 20,582,674$ 705,712$ 1,385,372$ 3,019,819$ 11,362,626$ 8,002,542$ 45,058,744$ Net Revenue Over (Under) Appropriations 0$ 82,847$ 88,528$ (782,178)$ 537,415$ (5,202,880)$ (5,276,268)$ Cash balance, January 1 7,142,070$ 3,161,175$ 3,966,991$ 4,149,638$ 5,863,450$ (1,346,304)$ 22,937,021$ Cash balance, December 31 7,142,070$ 3,244,022$ 4,055,519$ 3,367,460$ 6,400,865$ (6,549,184)$ 17,660,753$ *Note: Budget does not reflect an internal loasn between funds. 5.1 Property Tax Relief Programs State provides direct property tax relief to taxpayers Homestead credit refund Renter’s refund Special property tax refund (referred to as the targeting program) Senior Citizen Property Tax Deferral Program. Contact MN Dept of Revenue 651-296-4444 or www.revenue.state.mn.us 5.1 Questions & Comments 5.1 RESOLUTION NO. 2023-______ RESOLUTION APPROVING 2024 BUDGET, 2024 PROPERTY TAX LEVY AND 2024 ECONOMIC DEVELOPMENT AUTHORITY PROPERTY TAX LEVY WHEREAS, the City of Crystal is required by Section 7.05 of the City of Crystal Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, the City Council has met to discuss the 2024 budget and property tax levy and has held the required Public Input meeting in conformance with the requirements of the City Charter and state statute; and WHEREAS, the Housing and Redevelopment Authority levy is limited to .000185 of taxable market value of all property located within the City of Crystal; and WHEREAS, the City Council has received the proposed budget; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Crystal that the 2024 budget shall be as follows: General Special Revenue Debt Service Capital Projects Enterprise Internal Service Total Revenue Property Taxes and Special Assessments 14,924,169$ 726,759$ 1,465,000$ 1,734,011$ -$ -$ 18,849,939$ Licenses and Permits 918,460 - - - - - 918,460 Intergovernmental Revenue 3,015,473 26,800 - 458,630 - 90,928 3,591,831 Charges for Services 752,595 - - - 11,462,041 - 12,214,636 Fines and Forfeits 188,876 - - - - - 188,876 Interest Income 47,000 35,000 8,900 45,000 27,000 21,000 183,900 Miscellaneous 24,500 - - - 411,000 80,000 515,500 Interfund Services 711,601 - - - - 2,607,734 3,319,335 Transfers In - - - - - - - Total Revenue 20,582,674$ 788,559$ 1,473,900$ 2,237,641$ 11,900,041$ 2,799,662$ 39,782,477$ Appropriations General Government 2,747,113$ -$ -$ -$ -$ 2,084,444$ 4,831,557$ Police and Fire 10,377,741 - - - - - 10,377,741 Community Development 854,612 - - - - - 854,612 Public Works 3,615,761 - - - - - 3,615,761 Recreation 2,499,214 - - - - - 2,499,214 Debt Service - - 1,385,372 - - - 1,385,372 Capital Outlay - - - 3,019,819 - 5,918,098 8,937,917 Enterprise Funds - - - - 11,362,626 - 11,362,626 Economic Development Authority - 705,712 - - - - 705,712 Transfers Out 488,233 488,233 Total Appropriations 20,582,674$ 705,712$ 1,385,372$ 3,019,819$ 11,362,626$ 8,002,542$ 45,058,744$ Net Revenue Over (Under) Appropriations 0$ 82,847$ 88,528$ (782,178)$ 537,415$ (5,202,880)$ (5,276,268)$ Cash balance, January 1 7,142,070$ 3,161,175$ 3,966,991$ 4,149,638$ 5,863,450$ (1,346,304)$ 22,937,021$ Cash balance, December 31 7,142,070$ 3,244,022$ 4,055,519$ 3,367,460$ 6,400,865$ (6,549,184)$ 17,660,753$ *Note: Budget does not reflect an internal loasn between funds. 2024 Budget - Revised 5.1 BE IT FURTHER RESOLVED that the City Council of the City of Crystal, Hennepin County, Minnesota, that the following sums of money be levied for collection in 2024 upon the taxable property within the City of Crystal for the following purposes: *Levy cannot exceed .0185% of the estimated market value of all property located within the City of Crystal. ; and BE IT FURTHER RESOLVED that the Truth in Taxation Public Input meeting was held on December 5, 2023; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to transmit this information to the County Auditor of Hennepin County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law; and BE IT FURTHER RESOLVED that the property tax levy for the General Obligation Improvement Bonds Series 2015A is canceled as there will be sufficient special assessment revenue to make the debt service payments. Adopted by the Crystal City Council this 5th day of December, 2023. Reviewed for Administration: Adopted by the City Council December 5, 2023 Adam R. Bell, City Manager Jim Adams, Mayor Attest: Chee Yang, Deputy City Clerk 2024 levy General levy 14,818,719$ Capital Improvements Police Equipment Revolving 92,211 Park Improvement 882,753 Street Construction 529,047 Total Capital Improvements levy 1,504,011 *EDA 335,172 Total levy 16,657,902$ 5.1 DATE: November 30, 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 IRS - EFTPS Federal & FICA withholding taxes for 11/9/23 pay date $68,216.36 Metropolitan Council Environ Svs Wastewater services for December $138,936.19 Walser Buick GMC Pickup truck for parks department $53,698.13 West Metro Fire Rescue District November contribution to West Metro Fire $123,281.10 Golden Valley JWC JWC October water charges $176,412.61 LOGIS Monthly application support and hosting $41,026.00 Short Elliot Hendrickson, Inc. 2024 Utility Reconstruction project $28,133.76 IRS - EFTPS Federal & FICA withholding taxes for 11/23/23 pay date $66,931.08 MN PERA Employee & city required contributions for 11/23/23 pay date $68,230.59 $764,865.82 Description 6.1 Nlease hand this Corm to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) 7'he topic I wish to address is: Name: Address: q o( %/� Zip Code` Date: 7 6 Day Phone (opt+orroi): � �iD S Email (optional): Thank you for your attendance and participation. Nlease hand this Corm to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. � e, (Information provided on this form is open to the public)` (please print clearly) The topic I wish to address is:._ "'3' - Urn s]r11.-U i Name:. Address: �a .. �ctr� 1 , a _� uy i Zip Code: ��CS���' Date: ,0!,- Deg - -:�Oa? Day Phone (optional): -]" 0��3. Email (optional): "+ + Thank you for your attendance and participation.