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2024.08.20 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Aug. 16, 2024 City Council Meeting Schedule Tuesday, Aug. 20, 2024 Time Meeting Location 6:30 p.m. Economic Development Authority (EDA) meeting Council Chambers/Zoom 7 p.m. City Council meeting Council Chambers/Zoom Immediately following the City Council meeting City Council work session to discuss: 1. Municipal consent plans for the Blue Line Extension. 2. City Council liaison reports. 3. City manager monthly check-in. 4. Constituent issues. 5. New business. 6. Announcements. Council Chambers/Zoom The public may attend the meetings via Zoom by connecting through one of the methods identified below. Topic: EDA meeting, Crystal City Council meeting and City Council work session. Time: Aug. 20, 2024, 6:30 p.m., Central Time (US and Canada) Join Zoom Meeting: https://us02web.zoom.us/j/87893003359?pwd=F4lc5s0uhcbniz6IpSZyQMzaUHRZBx.1 Meeting ID: 878 9300 3359 | Passcode: 4141 One tap mobile: +19292056099,,87893003359#,,,,*4141# US (New York) +13017158592,,87893003359#,,,,*4141# US (Washington DC) Dial by your location: +1 929 205 6099 US (New York) +1 669 444 9171 US +1 301 715 8592 US (Washington DC) +1 669 900 6833 US (San Jose) +1 305 224 1968 US +1 689 278 1000 US +1 309 205 3325 US +1 719 359 4580 US +1 312 626 6799 US (Chicago) +1 253 205 0468 US +1 646 931 3860 US +1 253 215 8782 US (Tacoma) +1 386 347 5053 US +1 346 248 7799 US (Houston) +1 507 473 4847 US +1 360 209 5623 US +1 564 217 2000 US Find your local number: https://us02web.zoom.us/u/kenbb44dnQ 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, AUGUST 20, 2024 6:30 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Approval of minutes from July 16, 2024 regular meeting 4. Review proposals and consider selection of a developer for EDA property at 6110 Lakeland Ave. N. 5. Property status update * 6. Other business * 7. 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 July 16, 2024 1. Call to Order Vice President Eidbo called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 8:16 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 and Therese Kiser. The following staff were present: Executive Director Adam Bell, Deputy Executive Director John Sutter and City Attorney Rachel Tierney. 3. Approval of Minutes Moved by Commissioner Kiser (Kamish) to approve the minutes from the June 18, 2024 regular meeting. Motion carried. 4. Authorize a Request for Proposals for development of 6110 Lakeland Ave. N. Staff presented the RFP and requested board authorization to proceed. After discussion, moved by Commissioner Adams (Budziszewski) to authorize the Request for Proposals for development of 6110 Lakeland Ave. N. Motion carried. 5. Property status update Staff informed the board that the traffic signal cabinet wraps will not be installed until late summer due to delays with the vendor. Staff informed the board that the developer of 5240 Apts (5240 West Broadway) has tentatively scheduled a walk-through for the EDA board members on Tuesday, Aug. 1 at 5:30 p.m. Page 2 of 3 7. Other Business There was no other business. 8. Adjournment Moved by Commissioner Budziszewski (Kiser) to adjourn the meeting. Motion carried. The meeting adjourned at 8:24 p.m. Page 3 of 3 These minutes of the July 16, 2024 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Taji Onesirosan, President ATTEST: ______________________________ Traci Kamish, Secretary Page 1 of 5 ___________________________________________________________________________________ FROM: Dan Olson, City Planner TO: Adam R. Bell, Executive Director (for August 20 meeting) DATE: August 14, 2024 RE: Review proposals and consider selection of a developer for EDA property at 6110 Lakeland Ave. N. ___________________________________________________________________________ On July 16, 2024 the EDA authorized staff to begin seeking proposals from builders to purchase the vacant lot at 6110 Lakeland Avenue North for a minimum of $110,000 and construct a new residential dwelling. Three proposals have been received for this property. The three builders are Great Buy Homes, Noberg Homes and SMC Construction: • All three are licensed builders with no enforcement actions, and all have experience building homes in Crystal. • All three builders would close on the lot by Nov. 17, 2024 and complete construction by Nov. 17, 2025 (though likely much sooner). • Great Buy and Noberg are proposing to construct a single-family home with an accessory dwelling unit (ADU). • SMC Construction is proposing to construct a two-family dwelling. Upon selection of a proposal by the EDA, staff will work with the selected builder to finalize the site and building plans, have the EDA attorney prepare the Purchase and Development Agreement, publish the public hearing notice in the Sun Post, post on the property, and post it to all neighborhoods on Nextdoor. The EDA public hearing and authorization of the lot sale would occ ur on September 17, 2024. Attachments: A. Great Buy Homes proposal B. Noberg Homes proposal C. SMC Construction proposal EDA Staff Report Lot Sale – Select Developer 6110 Lakeland Avenue North Page 2 of 5 2024 aerial photos (pre-demolition) Page 3 of 5 COMPARISON OF THE THREE PROPOSALS Project Element Great Buy Homes Noberg Homes SMC Construction Purchase price offered $112,500 $111,750 $110,000 Type of construction Single-family home with an ADU Single-family home with an ADU Two-family dwelling Owned or rented Owner occupied; (this is the builder’s intent but it is possible that both units could be rented) Once construction is complete, Noberg will determine if the home will be owner- occupied or rented Builder intends to sell the building to an owner occupant who would rent out the other unit. Building style 2 floor split entry 2 floor split entry Two-story Size of each unit Home: 1,087 SF on the main level with 966 sq. ft on the lower level and a 401 sq. ft. bonus room above the garage (total of 2,454 SF). ADU: 1,095 sq. ft Home: 1,306 SF on the main level with 979 sq. ft on the lower level (total of 2,285 SF). ADU: 730 sq. ft Unit A: Total of 1,638 sq. ft (742 sq. ft on main level, 896 sq. ft on upper level) Unit B: Total of 1,648 sq. ft (752 sq. ft on main level; 896 sq. ft. on upper level) Rooms Home: Kitchen, dining, living room and bedrooms on the main level with a family room and bedrooms in lower level. 5 BR (2 BR on main and lower levels, 1 BR in bonus room and 2¾ BA (full BA on main and bonus room, ¾ BA in lower level) ADU: Kitchen, dining and living room, 2BR, 1 BA Home: Kitchen, dining and living room on the main level with family room in lower level. 5 BR (3 BR on main level and 2BR in lower level) and 3 BA (full BA on main level with two additional ¾ BA on the main and lower levels). ADU: Kitchen, dining and living room, 1 BR and ¾ BA Both units: Great room, kitchen and dining room on main level. 3 bedrooms in upper level. 2½ BA (½ on main level, 2 BA on upper level) Page 4 of 5 Project Element Great Buy Homes Noberg Homes SMC Construction Attached garage size Home: 3-stall garage (approximately 722 sq. ft) ADU: 1-stall garage (approximately 242 sq. ft) Home: 3-stall garage (approximately 720 sq. ft) ADU: 1-stall garage (approximately 288 sq. ft) 440 sq. ft 2-stall garage for each unit Basement Home: Split entry with a basement (finished) ADU: None (slab on grade) Home: Split entry with a basement (finished) ADU: None (slab on grade) No basement (slab on grade) STAFF COMMENTS All three proposals have their strong points and would be a good fit for this lot. The following are the main strengths of each proposal and the city’s experience working with each builder: Great Buy Homes: ➢ Great Buy is offering the most money for the lot: $112,500 which is $2,500 above the minimum price. ➢ EDA is familiar with the work of Great Buy from past experience constructing the new home on an EDA lot at 3556 Major Avenue N. Great Buy has also purchased and built on many New Hope EDA lots. ➢ The ADU proposed by Great Buy will have two bedroom s rather than the one bedroom ADU proposed by Noberg. Noberg Homes: ➢ Noberg is offering $111,750 for the lot which is $1,750 above the minimum price. lot. ➢ Noberg has purchased many vacant properties from the EDA for new home construction, including a similar home + ADU recently completed at 4824 56 th Ave. N. which sold for $670,000. SMC Construction ➢ SMC’s proposal is for a two family dwelling rather than a single family home with ADU. ➢ SMC built a single family home at 5728 Oregon Court in 2017. Page 5 of 5 EDA ACTION REQUESTED Motion to tentatively accept the proposal from one of the following builders: __ Great Buy Homes ($112,500) __ Noberg Homes ($111,750) __ SMC Construction ($110,000) PROPOSAL FORM PROPOSAL TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL 6110 LAKELAND AVENUE NORTH BUILDER OFFERS $� TO PURCHASE THIS LOT (MINIMUM $110,000) This proposal is not a purchase agreement or other binding contract. At this time, the Builder is submitting a proposal topurchase the lot and build a new two-family building in accordance with the RFP Guidelines. If a builder's proposal istentatively accepted by the EDA board, then EDA staff would work with the Builder to determine the specific building plansand present it at a future EDA meeting. If the EDA board gives final approval at that time, the Builder would sign aPurchase & Development Agreement and provide $2,000 earnest money for the lot. Only after such an Agreement issigned would a binding contract exist between the EDA and the Builder. BUILDER: (Builder is required to be a Residential Building Contractor licensed by the State of Minnesota.) Name: G�69-r: 60 V #Dr'V)e 5 State License Number: Be. 63 I 5? 8 i' Tel (1):(t}l2-C/'1 /-SG / / Tel (2): ________ Fax: Address:5/Y'O JC/Sr,< IJv' f-J� City/State/Zip: fl/00�, �A) S53'05 Email: J'earJ1.a.,,,,,,rr,e;r e i, �,d;.,.:K /_� 8-2-;;>fSignature r Date REQUIRED ATTACHMENTS AND ADDITIONAL INFORMATION: □Attach one representative example of a building you would plan to build on this lot if your proposal is selected. Itdoes not need to show exactly how it would be placed on the lot; it just needs to show the approximate size, qualityand features you would anticipate a new building would have on this lot. A specific house plan would bedetermined after a proposal is tentatively accepted by the EDA □The EDA will only sell lots to builders who have experience in home construction in Minnesota. Please list theaddresses of three homes you have built in Minnesota within the last five years, or attach other evidence ofqualification for review by the EDA: House #1: 3S-�G House #2: 3 'rs/ B House #3: L/;;) 6 / SUBMIT PROPOSAL TO: rn1jo;e, rV74JO� tS'oarJL A-V A\/ /hJ Attn: Dan Olson, Crystal EDA, 4141 Douglas Dr N, Crystal MN 55422 TEL: 763.531.1142 or dan.olson@crystalmn.gov PROPOSALS MAY BE SUBMITTED BY HAND DELIVERY, U.S. MAIL OR EMAIL (.pdf format). Attachment A Attachment B 708 1st Avenue NE, #1 Ph. 763.682.1781 www.meyerrohlin.com Buffalo, MN 55313 FOR SKETCH PLAN Meyer-Rohlin NOBERG HOMES, INC. Noberg home built at 4824 - 56th Avenue N. that would be built at 6110 Lakeland Ave N. Attachment C DRAWN BY: Karysa Harmansmusic@smcmn.com18465 Plaza Boulevard NESpring Lake Park, MN 55432BC763936Date: 8/2/2024 Scale: 3/32"=1' Sheet: 6110 Lakeland Avenue NCrystal, MN 55422Site Plan Crystal O: 763-400-0251 M: 763-300-5519 104.41' HouseDriveway 282.43' 36' 63' 17.5' 17.5' Property Line 60' 45.5'Existing Access Existing Lot Dimensions 104.41-326.67-94.86-282.43 Site plan shows front of lot only Fax: (303) 781-9398 www.marshallarchitecture.com Architecture P.C. Littleton, Colorado 80120 6098 South Lakeview Street Email: jm@marshallarchitecture.com Marshall Fax: (303) 781-9398 www.marshallarchitecture.com Architecture P.C. Littleton, Colorado 80120 6098 South Lakeview Street Email: jm@marshallarchitecture.com Marshall Fax: (303) 781-9398 www.marshallarchitecture.com Architecture P.C. Littleton, Colorado 80120 6098 South Lakeview Street Email: jm@marshallarchitecture.com Marshall Fax: (303) 781-9398 www.marshallarchitecture.com Architecture P.C. Littleton, Colorado 80120 6098 South Lakeview Street Email: jm@marshallarchitecture.com Marshall Fax: (303) 781-9398 www.marshallarchitecture.com Architecture P.C. Littleton, Colorado 80120 6098 South Lakeview Street Email: jm@marshallarchitecture.com Marshall Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Aug. 16, 2024 City Council Meeting Agenda Tuesday, Aug. 20, 2024 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 July 16, 2024. b. The City Council meeting on July 16, 2024. c. The City Council budget work session on Aug. 1, 2024. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Approval of a donation agreement with Robbinsdale School District for receipt of a bus. 3.4 Adoption of a resolution amending the city’s approved tree list. 3.5 Adoption of a resolution ordering preparation of an assessment roll, declaring the amounts to be assessed and setting a public hearing date of Oct. 15, 2024, for the 2024 delinquent accounts. 3.6 Adoption of a resolution approving a grant agreement with Hennepin County Youth Activities for Twin Oaks Park. 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 3 5. Public Hearing 5.1 The Mayor will open a public hearing to receive comment regarding the municipal consent plans for the Blue Line Extension. Metropolitan Council and Hennepin County are proposing to build the Blue Line Extension through the cities of Minneapolis, Robbinsdale, Crystal and Brooklyn Park. This would be a new light rail transit facility with a length of 13.4 miles and 12 stations. The Crystal segment would be located in the median of Bottineau Boulevard with a length of two miles and a station at Bass Lake Road. Metropolitan Council has submitted preliminary design plans to Crystal and other local jurisdictions along the route, and requested approval under Minnesota Statutes 473.3994 (“municipal consent”) which also requires that the city hold a public hearing. The purpose of the hearing is to receive public comment on the preliminary design plans prior to the City Council’s anticipated municipal consent action on Sep. 17. 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. 6.2 The Council will consider approval of the Joint Powers Agreement (JPA) with Pets Under Police Security (PUPS). For the past several years, the Crystal Police Department has had a JPA with PUPS. With the addition of another city, the Council is asked to approve an updated JPA. Recommend approval. 6.3 The Council will consider the first reading of an ordinance rezoning 6203-6213 36th Ave. N. for an 8-unit twin home development. This 1.76 acre site presently has a single family home. It is zoned R1 but guided for medium density residential development (R2) in the Comprehensive Plan. The property owner proposes to demolish the home and build eight units (four twin homes). Approval of rezoning to R2 - Planned Development is necessary for this development to occur. At its Aug. 12 meeting, the Planning Commission held the public hearing and unanimously recommended approval. Council approval of first reading of the rezoning ordinance is requested. 6.4 The Council will consider a resolution approving a lot consolidation plat for 6203-6213 36th Ave. N. This 1.76 acre site is comprised of two lots which need to be consolidated into a single lot for the 8-unit twin home development to proceed. Council adoption of the resolution approving this lot consolidation is requested. 6.5 The Council will consider approval of the 2025 West Metro Fire-Rescue District (WMFRD) budget. Page 3 of 3 Over several meetings this summer, the proposed 2025 WMFRD budget has been revised. In July, the WMFRD Board approved the proposed budget. Recommend approval. 6.6 The Council will consider a resolution authorizing a Joint Powers Agreement (JPA) with Shingle Creek Watershed Management Commission. The existing JPA for the Shingle Creek Watershed Management Commission expires in 2025. Multiple revisions were proposed for the new JPA. Staff has reviewed these proposed changes and are comfortable with the revised language. Those minor revisions are summarized in the staff memo. Recommend approval. 6.7 The Council will consider a resolution approving the purchase of a roof structure to protect the pool pumps at the Crystal Cove Aquatic Center. The pool pumps configuration is being redesigned as part of the Crystal Cove Aquatic Center project. A roof structure is proposed to protect the pumps to improve functionality and safety for maintenance workers. Recommend approval. 7. Announcements a. City offices are closed Monday, Sept. 2 in observance of the Labor Day holiday. b. The next City Council meeting is Tuesday, Sept. 3 at 7 p.m. in the Council Chambers at City Hall and via Zoom. c. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment Have a great weekend. See you at Tuesday’s meeting. Crystal City Council work session minutes July 16, 2024 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 6:18 p.m. on July 16, 2024, 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 assistant city manager recorded the attendance for city council members and staff: Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Council Member Onesirosan was absent. City staff present: City Manager A. Bell, City Attorney R. Tierney, Recreation Director J. Elholm, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter and Assistant City Manager K. Therres. II.Agenda The Council and staff discussed the following agenda items: 1.Blue Line Extension update. At 6:55 p.m., Mayor Adams continued the work session to resume immediately after the Economic Development Authority meeting. Mayor Adams reconvened the work session at 8:24 p.m. to continue discussion of the Blue Line Extension update, and the following agenda items: 2.City Council liaison reports. 3.City manager monthly check-in. 4.Constituent issues. 5.New business. 6.Announcements. III.Adjournment The work session adjourned at 8:58 p.m. Jim Adams, Mayor ATTEST: Kim Therres, Assistant City Manager 3.1(a) Crystal City Council meeting minutes July 16, 2024 Page 1 of 4 1.Call to Order Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the meeting of the Crystal City Council was held on July 16, 2024, at 7:01 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 assistant city manager to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Council Member Onesirosan was absent. City staff present: City Manager A. Bell, City Attorney R. Tierney, Recreation Director J. Elholm, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter and Assistant City Manager K. Therres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the agenda. Motion carried. 3.Appearances 3.1 Deputy Police Chief Brian Hubbard presented to the Council police officers who recently received an award for going above and beyond their duties. 3.2 A representative of the Minnesota Recreation and Parks Association (MRPA) presented the City of Crystal with a MRPA Award of Excellence for projects completed at Bassett Creek Park in 2023. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council work session on June 18, 2024. b.The City Council meeting on June 18, 2024. 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 Resolution No. 2024-70, accepting a donation. 4.4 Authorizing a letter to the METRO Blue Line Extension Corridor Management Committee. 4.5 Adoption of Resolution No. 2024-71, approving a new premises permit for lawful gambling at Buffalo Wild Wings #69, 5590 West Broadway, submitted by West Metro Fire-Rescue District Firefighters Relief Association. 3.1(b) Crystal City Council meeting minutes July 16, 2024 Page 2 of 4 Moved by Council Member Kamish and seconded by Council Member Kiser to approve, but remove item 4.4 from the consent agenda and add it to the beginning of the regular agenda. Motion carried. 5. Open Forum The following persons addressed the Council: • Rachel Braaten, 3401 Zane Ave. N., regarding the Bassett Creek habitat effects. • Jerome Johnson, 378 Summit Ave. N., St. Paul, regarding the Blue Line Extension. 6. Regular Agenda The Council considered authorizing a letter to the METRO Blue Line Extension Corridor Management Committee (consent agenda item 4.4). Community Development Director John Sutter read the amendments made to the letter. Moved by Council Member Kiser and seconded by Council Member Budziszewski to approve the letter to the METRO Blue Line Extension Corridor Management Committee as amended. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried. 6.1 The Council considered 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. Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve the list of disbursements of more than $25,000. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried. 6.2 The Council considered approval of the appointment of Trina Smith to the Inclusion and Diversity Commission for a term to expire Dec. 31, 2025. City Manager Adam R. Bell addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve the appointment of Trina Smith to the Inclusion and Diversity Commission for a term to expire Dec. 31, 2025. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried. 6.3 The Council considered resolutions awarding the contract for the 2024 Mill and Overlay project, and SEH, Inc. inspection services. City Manager Adam R. Bell addressed the Council. 3.1(b) Crystal City Council meeting minutes July 16, 2024 Page 3 of 4 Moved by Council Member Budziszewski and seconded by Council Member Kamish to adopt the following resolution: RESOLUTION NO. 2024 – 72 AWARD CONTRACT FOR 2024 MILL AND OVERLAY Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried, resolution declared adopted. Moved by Council Member Budziszewski and seconded by Council Member Kamish to adopt the following resolution: RESOLUTION NO. 2024 – 74 ACCEPT QUOTE FROM SEH FOR THE INSPECTION OF THE 2024 MILL AND OVERLAY Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried, resolution declared adopted. 6.4 The Council considered a joint powers agreement with Hennepin County for assessing services. City Manager Adam R. Bell addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the joint powers agreement with Hennepin County for assessing services. Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried. 6.5 The Council considered a resolution to purchase amenities for the Crystal Cove Aquatic Center. Recreation Director John Elholm addressed the Council. Moved by Council Member Eidbo and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2024 – 75 RESOLUTION TO APPROVE THE PURCHASE AND INSTALLATION OF AMENITIES AT THE CRYSTAL COVE AQUATIC CENTER Voting aye: Adams, Budziszewski, Cummings, Eidbo, Kamish and Kiser. Absent, not voting: Onesirosan. Motion carried, resolution declared adopted. 7. Announcements The Council and staff made announcements about upcoming events. 3.1(b) Crystal City Council meeting minutes July 16, 2024 Page 4 of 4 8. Adjournment Moved by Council Member Kamish and seconded by Council Member Eidbo to adjourn the meeting. Motion carried. The meeting adjourned at 8:15 p.m. ___________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Kim Therres, Assistant City Manager 3.1(b) Crystal City Council budget work session minutes Aug. 1, 2024 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the budget work session of the Crystal City Council was held at 6:30 p.m. on Aug. 1, 2024, in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish, Kiser and Onesirosan. City staff present: City Manager A. Bell, Assistant City Manager K. Therres, Assistant Finance Director J. Bursheim, Recreation Director J. Elholm, Deputy Police Chief B. Hubbard, Public Works Director/City Engineer J. Struve, Community Development Director J. Sutter and City Clerk C. Serres. Police Chief S. Revering was present remotely via Zoom. II.Agenda The Council and staff discussed the following agenda items: 1. 2025 - 2026 budgets and preliminary levies. 2.Blue Line Extension update. III.Adjournment The work session adjourned at 9:43 p.m. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 3.1(c) Page 1 of 2 City of Crystal Council Meeting Aug. 20, 2024 Applications for City License Edible cannabinoid THC product retailer Dark Horse Vapors, Inc. dba Dark Horse Vapery, 5562 West Broadway, Crystal, MN 55428 Vangcheng, LLC dba Liquor Barrel Wine and Spirits, 5628 West Broadway, Crystal, MN 55428 (pre-approved by City Manager Bell on July 19, 2024) Lawful gambling (temporary) Chester Bird American Legion Auxiliary Post #523, 200 N. Lilac Dr., Golden Valley, MN 55422; to conduct a raffle event at VFW Post #494, 5222 56th Ave. N., Crystal, MN 55429, on Sept. 15, 2024 (pre-approved by City Manager Bell on July 18, 2024) Liquor (temporary on-sale) The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for a parish festival on Sept. 28, 2024) Massage enterprise and therapist Shanika Matthews dba Her Hands Massage LLC, 5701 Kentucky Ave. N., Unit #104, Crystal, MN 55428 (pre-approved by City Manager Bell on Aug. 1, 2024) Rental (new) 4825 Kentucky Ave. N. – Code Metz 3405 Kyle Ave. N. – Taylor Lawson 5733 Pennsylvania Ave. N. – Pedro Herrera (Conditional) 7925 33rd Pl. N. – Dylan Kirkwood (Conditional) 5908 38th Ave. N. – Lauren Hannan (Conditional) Rental (renewal) 5417 Angeline Ave. N. – Xuyan Lang (Conditional) 4641 Brunswick Ave. N. – Dweayne Meier (Conditional) 5340 Byron Ave. N. – Ryan Woodworth (Conditional) 3648 Colorado Ave. N. – D.N. Real Estate 6407 Corvallis Ave. N. – Pro Operam 2737 Douglas Dr. N. – Reese Pfeiffer 2749 Douglas Dr. N. – Reese Pfeiffer (Conditional) 4126 Douglas Dr. N. – Serenity Village 4134 Douglas Dr. N. – Serenity Village 4237 Douglas Dr. N. – Drew Kabanuk 5136 Edgewood Ave. N. – Stephanie Holmes (Conditional) 5012 Fairview Ave. N. – Dylan Jones 3016 Florida Ave. N. – Daniel Dahlin 3816 Hampshire Ave. N. – Michael Mills (Conditional) 4553 Hampshire Ave. N. – Sokari Afonya 3850 Idaho Ave. N. – Micha Genereau 4814 Idaho Ave. N. – Lana Larson 4825-4827 Idaho Ave. N. – Constance Andrzejek (Conditional) 5943 Idaho Ave. N. – Seth Jacobson 2959 Jersey Ave. N. – Roxanne Elfering (Conditional) 3.2 Page 2 of 2 Rental (renewal) cont’d 4075 Jersey Ave. N. – Pro Operam (Conditional) 5254 Jersey Ave. N. – Brad Buechele (Conditional) 3108 Kentucky Ave. N. – Colin Kaster (Conditional) 3457 Major Ave. N. – Satori Properties (Conditional) 5413 Maryland Ave. N. – Lan Feng Burke (Conditional) 5844 Orchard Ave. N. – Libman Bros. LLC (Conditional) 5734 Oregon Ct. N. – HPA II Borrower 2021-1 LLC 5825 Perry Ave. N. – Christina Duong 3401 Regent Ave. N. – Matthew Meyer 3501 Regent Ave. N. – Yim Wing Yu 4808 Regent Ave. N. – Chen Zhou 5536 Regent Ave. N. – Chen Zhou 3217 Utah Ave. N. – Jason Flaa 5600 Vera Cruz Ave. N. – MNSF T2 SPE LLC (Conditional) 3309 Welcome Ave. N. – Homeguard Properties 5732 West Broadway – Peter Hoeben 3546 Xenia Ave. N. – Lacey Mwaura 4230 Xenia Ave. N. – Christina Duong 4730 Xenia Ave. N. – Rebecca Mathison (Conditional) 4534 Zane Ave. N. – Herman Capital Partners (Conditional) 5619 Zane Ave. N. – Reese Pfeiffer (Conditional) 6300 31st Ave. N. – Norman Hillesland 6511 31st Ave. N. – Larry Emond (Conditional) 8308 32nd Pl. N. – Brent Rohs 8316 32nd Pl. N. – Christopher Narins 5627 36th Ave. N. – Charles Mwaura 6907 46th Pl. N. – Danmark Properties LLC (Conditional) 6723 50th Ave. N. – Matthew Selden (Conditional) 5401 51st Ave. N. – Crystal Leased Housing (Conditional) 6729 52nd Ave. N. – Chris Jensen (Conditional) 6910-6940 54th Ave. N. – Kentucky Lane LP (Conditional) 6324 61st Ave. N. – Ignacio Ruiz Ruiz (Conditional) Tobacco Dark Horse Vapors, Inc. dba Dark Horse Vapery, 5562 West Broadway, Crystal, MN 55428 3.2 “Service with Compassion and Integrity” TO: Mayor and Council Members FROM: Brian V. Hubbard, Deputy Police Chief CC: Adam R. Bell, City Manager Stephanie K. Revering, Chief of Police DATE: August 1, 2024 SUBJECT: SCHOOL BUS DONATION __________________________________________________________________________ MEMORANDUM In the summer of 2023, the Crystal Police Department was approached by ISD #281 regarding the use of an old/unserviceable school bus for police training. At the time we received the bus, the representative of the bus company instructed us to contact him when we had completed our training needs for the company to facilitate the salvage of the bus. The decommissioned bus was delivered to the police department in August 2023, and has been used multiple times for officer training purposes. In June 2024, unknown vandals did significant damage to the bus and it is no longer useable for training purposes. When we attempted to contact the representative, we had initially worked with from the bus company, we were informed that individual was no longer employed with the company. We were also informed the school district no longer wanted the bus returned to them for salvage and that they had approved a donation agreement for the title to be transferred to the city for use/salvage as we saw fit. We have located a salvage company to tow and legally dispose of the bus at no cost to the city, but need to transfer the title before we are able to facilitate this. The only cost to the city is the cost of transferring the title. We are asking for approval of the attached agreement for acceptance of receipt of the bus, which has been placed on the consent agenda for the August 20, 2024 council meeting. As always, please let me know if you have any questions. Thank you for your consideration. 3.3 3.3 3.3 3.3 _____________________________________________________________________________ FROM: Dan Olson, City Planner ______________________________________________________________________ TO: Adam R. Bell, City Manager (for August 20 Meeting) DATE: August 14, 2024 RE: Consider adoption of a resolution amending the city’s approved tree list A.BACKGROUND The city’s approved tree list was last amended by the City Council in 2022. This list is referenced in Chapter 5 of the City Code – the Unified Development Code (UDC). The proposed amendment would remove an invasive tree species and add a new species. The proposed resolution is attachment A. B.AMENDED TREE LIST The current tree list has 68 tree species for planting in Crystal. A variety of tree species helps to reduce the likelihood that one species will dominate the city’s urban forest. If the city were to experience an insect infestation or disease that affects a dominate tree in Crystal, the city could lose many trees at one time. Staff is asking the Council to amend the list to delete one invasive tree species and add one species. The approved tree list would be used when the planting of trees is required for city projects, for new residential subdivisions, and for new commercial development. Other general tree planting, such as someone planting a tree in their yard, would not be required to follow this list. C.REQUESTED ACTION Staff requests the Council adopt the resolution in attachment A, amending the approved tree list. Attachment: A.Resolution, with revised tree list COUNCIL STAFF REPORT Amend Approved Tree List 3.4 CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024 - ______ RESOLUTION AMENDING APPROVED TREE LIST WHEREAS, on September 6, 2022 the Crystal City Council last amended its approved tree list as referenced in section 520.11 of the Crystal City Code by adopting Resolution Number 2022- 70; and WHEREAS, the Crystal City Council desires to again amend its approved tree list to delete one tree species and include one additional tree species that are intended to increase tree variety in Crystal; and WHEREAS, the attached amended approved tree list will provide guidance to property owners and developers of which tree species the city desires to be part of its urban forest. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the city’s approved tree list is hereby amended as attached hereto as Exhibit A. Adopted by the Crystal City Council this 20th day of August, 2024. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 3.4 CR205-30-819695.v2 EXHIBIT A [to be attached] 3.4 Approved Tree List At its discretion the city may approve cultivars similar to the trees on this list. The most road salt tolerant trees are marked with an * Common Name Botanical Name Common Name Botanical Name Accolade Elm Ulmus ‘Accolade’ Japanese Tree Lilac* Syringa reticulata American Hophornbeam (aka Ironwood) Ostrya virginiana Katsura Tree Cerdidiphyllum japonicum American Larch Larix laricina Kentucky Coffeetree Gymnocladus dioicus American Linden Tilia Americana Large-leaved Linden Tilia platphyllos American Sycamore Platanus occidentalis Liberty Elm Ulmus Americana ‘Liberty’ Amur Chokeberry Prunus maackia Littleleaf Linden Tilia cordata Amur Cork Tree Phellodendron amurense Mugo Pine Pinus mugo Amur Maackia Maackia amurensis Northern Catalpa Catalpa speciosa Asian White Birch Betula playphylla Norway Spruce Picea abies Austrian Pine* Pinus nigra Ohio Buckeye Aesculus glabra Autumn Splendor Buckeye* Aesculus ‘Autumn Splendor’ Prairie Dream Paper Birch Betula papyrifera ‘Varen’ Balsam Fir Abies balsamea Prairie Expedition Elm Ulmus Americana ‘Lewis & Clark’ Black Hills Spruce* Picea glauca Princeton Elm* Ulmus Americana ‘Princeton’ Black Tupelo Nyssa sylvatica Quaking Aspen Populus tremuloides Blue Beech (aka Musclewood) Carpinus caroliniana Red Buckeye* Aesculus pavia Bottlebrush Buckeye Aesculus parviflora Red Oak* Quercus rubra Bur Oak Quercus macrocarpa Red Pine Pinus resinosa Cathedral Elm* Ulmus ‘cathedral’ River Birch Betula nigra Common Hackberry Celtis occidentalis St. Croix Elm Ulmus Americana ‘St Croix’ Common Horsechestnut* Aesculus hippocastanatum Scots Pine Pinus sylvestris Crabapple Malus spp. (disease-resistant spp.) Shagbark Hickory Carya Ovata Cucumber Tree Magnolia acuminata Silver Linden Tilia tomentosa Douglas Fir Pseudotsuga menziensii Speckled Alder Alnus rugosa Downy Serviceberry (tree form) Amelanchier arborea (tree form) Swamp White Oak Quercus bicolor Dwarf Korean Lilac (tree form) Syringa Meyeri Palibin Sweet Birch Betula lenta Eastern Hemlock Tsuga Canadensis Thornless Honeylocust* Gleditsia triacanthus inermis Eastern Redbud (northern strain) Cercis Canadensis Triumph Elm Ulmus ‘Morton Glossy’ European Hornbeam Carpinus betulus Turkish Hazel Corylus colurna Gingko* (aka Maidenhair Tree) Ginkgo biloba (male tree only) Valley Forge Elm Ulmus Americana ‘Valley Forge’ Harvest Gold Mongolian Linden Tilia mongolica ‘Harvest Gold’ White Oak* Quercus alba Hawthorn Crataegus monogynaser White Pine Pinus strobus Hybrid Serviceberry (tree form) A. arborea x grandiflora (tree form) Yellow Birch Betula alleghaniensis Jack Pine* Pinus banksiana Yellow Buckeye* Aesculus flava Yellowhorn Xanthoceras sorbifolium Yellowwood Cladrastus kentukea 3.4 Memorandum DATE: Aug. 13, 2024 TO: Mayor and City Council City Manager Adam R. Bell FROM: Assistant Finance Director Jodi Bursheim and Utility Billing Specialist Katlyn Adair SUBJECT: Resolution ordering the preparation of an assessment roll, declaring costs to be assessed and setting a public hearing date for 2024 delinquent accounts Introduction Each year, the city levies special assessments on properties that have received services during the year, but have not paid the invoices that were mailed. These services include: utility charges, administrative citations, refuse and litter abatements, nuisance abatements, weed mowing, tree trimming/removal and false alarm fines. Discussion Receivables that are included in the assessment are those that were delinquent on July 31, 2024. The total amounts due are as follows: **NOTE: For 2024, the totals of delinquent costs increased by 22% overall compared to 2023** Service August 2023 August 2024 Change Utility charges $662,075.52 $747,296.22 13% Administrative citations $50,841.00 $96,476.50 90% Refuse and litter abatement $7,399.23 $5,769.42 -22% Nuisance abatements $2,742.02 $939.07 -66% Weed mowing $1,810.39 $2,431.60 34% Tree trimming/removal $2,800.00 $39,866.79 1324% False alarm fees $4,685.00 $890.00 -81% $732,353.16 $893,669.60 22% The total amounts in the 2024 resolution will be reduced by customer payments as they are received. In 2023, 43% of the August balance was collected prior to certification to Hennepin County in December. 3.5 Any delinquent accounts not paid by 4:30 p.m. on Oct. 16, 2024 will be charged a $35 city administration fee. Customers will have until 4:30 p.m. on Nov. 27, 2024 to pay delinquent balances. Delinquent balances not paid by this time will be assessed against the property and will accrue interest at an annual rate of twelve percent (12%) from Nov. 1, 2024 through Dec. 31, 2025, plus a $2.50 county administration fee, with the exception of the tree trimming/ removal which will bear an interest rate of three percent (3%) or twelve percent (12%) from Nov. 1, 2024 through Dec. 31, 2025 plus a $2.50 county administration fee. The resolution sets the public hearing for Oct. 15, 2024 at 7 p.m. Letters will be sent in mid-September to the owners of each property with an assessment to notify them of the special assessment and of this public hearing. Notice of the public hearing will also be published in the Crystal/Robbinsdale Sun Post in late September. Recommended City Council action(s) It is recommended that the City Council approve the resolution. 3.5 RESOLUTION NO. 2024-____ RESOLUTION ORDERING PREPARATION OF AN ASSESSMENT ROLL, DECLARING COSTS TO BE ASSESSED AND SETTING A PUBLIC HEARING DATE FOR 2024 DELINQUENT ACCOUNTS WHEREAS, properties within the city have benefited from services provided. BE IT RESOLVED that the City Council of the City of Crystal, Minnesota, hereby approves the following: 1. That an assessment roll be prepared for delinquent payment of services 2. That amounts currently eligible for assessment are declared to be: Utility charges $747,296.22 Administrative citations $96,476.50 Refuse and litter abatement $5,769.42 Nuisance abatements $939.07 Weed mowing $2,431.60 Tree trimming/removal $39,866.79 False alarm fines $890.00 3. That a public hearing will be held on Tuesday, October 15, 2024. The City Council will meet in the Council Chambers at City Hall, 4141 Douglas Dr. N., on October 15, 2024, at 7 p.m., or as soon thereafter as the matter may be heard, to consider assessments to be levied against properties benefiting from services provided. Property owners may appear at this public hearing to object to proposed assessments against their property. The Finance Director is hereby directed to cause notice of the hearing on proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The notice shall include the total amount of proposed assessments. Mailed notice shall be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. The owner of any property so assessed may, at any time prior to certification of the assessment to Hennepin County, pay the whole of the assessment on such property. • If the entire assessment is paid by 4:30 p.m. on November 27, 2024, no interest will be charged. • Delinquent balances not paid by 4:30 p.m. on November 27, 2024, will be assessed against the property. This means that the delinquent balance will be reported to Hennepin County, which will add it to the 2025 property tax statement for the Service Address. Assessed amounts will accrue interest at an annual rate of twelve percent (12%) from November 1, 2024, through December 31, 2025, plus a $2.50 county administration fee for all delinquencies with the exception of the tree removal which will bear an interest rate of three percent (3%) or twelve percent (12%) from November 1, 2024 through December 31, 2025 plus a $2.50 county administration fee. • An owner may, at any time thereafter, pay to Hennepin County the entire amount of the assessment remaining unpaid, with interest as stated above to December 31 of the year in which such payment is made, plus the $2.50 county administration fee. Adopted by the City Council of the City of Crystal this 20th day of August, 2024. ___________________________ Jim Adams, Mayor ATTEST: _________________________ Christina Serres, City Clerk 3.5 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: August 14, 2024 TO: Mayor and City Council Adam R. Bell, City Manager FROM: John Elholm, Recreation Director SUBJECT: Approval of a Grant Agreement with the Hennepin County Youth Activities Grants for Twin Oaks Park Hennepin County offers playground grants, through the Hennepin County Youth Activities Grants, to assist with building and improving playground structures throughout Hennepin County. The Crystal City Council passed a resolution on March 19, 2024, authorizing and directing staff to apply for a $100,000 grant to replace the play area in Twin Oaks Park in 2025. The grant application was successful. Hennepin County has prepared a grant agreement (Contract No. PR00006275) to facilitate receiving funds for the Twin Oaks Park play area project. Staff recommends approval of the attached resolution, entering into a grant agreement with Hennepin County, to receive a $100,000 playground grant for Twin Oaks Park. 3.6 CITY OF CRYSTAL RESOLUTION NO. 2024 - ______ RESOLUTION APPROVING A GRANT AGREEMENT WITH THE HENNEPIN COUNTY YOUTH ACTIVITIES GRANTS TO ASSIST IN REPLACING THE PLAY AREA IN TWIN OAKS PARK WHEREAS, the City of Crystal (“City”) owns and operates Twin Oaks Park, and WHEREAS, the City of Crystal desires to replace the play area facilities in Twin Oaks Park in 2025, and WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin County Youth Activities Grants, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities, and WHEREAS, A grant application of $100,000 to Hennepin County for play area improvements in Twin Oaks Park was successful, and WHERAS, Hennepin County has prepared a grant agreement (Contract No. PR00006275) to facilitate receiving funds for the Twin Oaks Park play area project, and WHEREAS, the City Council has determined that the execution of the Grant Agreement and the construction of the improvements to be financed thereby are desirable and in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED, by City Council of the City of Crystal as follows: 1. The Grant Agreement is hereby approved. 2. The Mayor and City Manager are authorized and directed to execute the Grant Agreement on behalf of the City of Crystal. 3. City staff and consultants are further authorized and directed to take all steps necessary and convenient to proceed under the terms of the Grant Agreement. Adopted this 20th day of August, 2024. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 3.6 Contract No: PR00006275 YOUTH ACTIVITIES GRANTS AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), and City of Crystal, 4141 Douglas Drive North, Crystal, Minnesota 55422, a local governmental unit (“GRANTEE”). Recitals A. Minnesota Statutes Section 473.757, subd. 2 authorizes COUNTY to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10. B. Pursuant to Hennepin County Board Resolution 09-0320R3, COUNTY created the Hennepin County Youth Activities Grants program. With County Board approval, the program annually awards grants for youth sports and activities within Hennepin County. C. GRANTEE applied for a grant award from the Hennepin County Youth Activities Grants program, and COUNTY authorized an award to Grantee for completion of one Project. This award is to be distributed pursuant to the terms herein. The parties agree as follows: 1. YOUTH ACTIVITY PROJECT Grantee agrees to complete the following Project: Project Description Award Period Award Amount Twin Oaks Play Area 6/1/2024 – 5/31/2026 $100,000 Total Award $100,000 Grantee Contact: John Elholm, John.elholm@crystalmn.gov, (763) 531-1150 2. TERM AND AMOUNT OF GRANT GRANTEE shall complete the Project and all requirements of this Agreement within the Award Period and submit all required documentation within 30 days of the conclusion of the Award Period unless this Agreement is terminated earlier in accordance with the provisions herein. 3. PROJECT AND RELATED REQUIREMENTS A. GRANTEE shall complete the Project and related requirements as described in Attachment A, and in GRANTEE’s grant application on file with COUNTY. 1 3.6 Contract No: PR00006275 B. GRANTEE shall submit a Certificate of Completion, as attached in Attachment B, with the final invoice. The Certificate of Project Completion form is completed for projects receiving funding from Hennepin County Youth Activities Grants where a Certificate of Occupancy, per Minnesota Rules 1300.0220, is not required. C. COUNTY may conduct periodic site visits, with or without notice during GRANTEE’s normal hours of operation, to monitor compliance with this Agreement and to confirm completion of the Project. GRANTEE is responsible for scheduling a final site visit with Grant Administrator or designee after signage is installed and prior to Project completion. D. GRANTEE shall promptly report information about the Project and other data related to the Project as may be reasonably requested by COUNTY. E. GRANTEE shall purchase and install signage acknowledging Hennepin County Youth Activities Grants Program as a project funder. Signage must be reviewed and approved by COUNTY prior to purchase. Signage placement must be reviewed and approved by COUNTY prior to installation. F. GRANTEE shall notify COUNTY of grant opening, ribbon cutting, or other public events related to the opening of the play structures. Event details will be communicated to COUNTY in writing no later than 10 business days prior to the event. 4. GRANT DISBURSEMENT GRANTEE shall be reimbursed for allowable expenses directly incurred as a result of GRANTEE’s completion of the Project. All reimbursable expenses under this Agreement will not exceed the Total Award. Upon completion of the Project, GRANTEE shall invoice COUNTY for costs and payments actually incurred by GRANTEE in completing the Project. GRANTEE shall submit invoices on forms furnished by COUNTY. GRANTEE shall submit the invoice no later than 30 days after Project completion. GRANTEE shall also submit receipts, other supporting documentation related to the Grant Requirements, and a Certificate of Project Completion, as attached in Attachment B. Payments shall be made pursuant to the provisions herein and COUNTY’s then applicable payment policies, procedures, rules, and directions. COUNTY is not responsible for remedying fraudulent or unauthorized payments requested in GRANTEE’s name. Unless the parties otherwise agree, COUNTY shall have no obligation to reimburse or pay GRANTEE any amount: (i) for any expenditures, costs, or expenses incurred prior to the commencement date stated in Section 1 of this Agreement; or (ii) for any 2 3.6 Contract No: PR00006275 expenditures, costs, or expenses that the COUNTY determines are not directly related to the Project. If GRANTEE’s expenditures, costs, and expenses associated with the Project exceed the Grant Funds, GRANTEE shall be solely responsible for payment of those amounts without reimbursement by COUNTY. Reimbursable expenses are limited to the actual cost of the Project and may be less than the amount of the Total Award. COUNTY may withhold from any payment due to GRANTEE any amount which is due and owing COUNTY under this or any other agreement between the parties due to overpayment or as a result of an audit. 5. NO EMPLOYMENT RELATIONSHIP GRANTEE’s personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’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 GRANTEE, 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 COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION A. In accordance with COUNTY’s policies against discrimination, GRANTEE 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. COUNTY encourages GRANTEE to develop and implement a policy promoting diversity, equity, and inclusion in GRANTEE’s workplace. 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, 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 GRANTEE, a subcontractor, 3 3.6 Contract No: PR00006275 anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of this Agreement, and against all loss by reason of the failure of GRANTEE 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 GRANTEE 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 GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 9. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, 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 GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements, and obligations herein. B. GRANTEE shall not assign, transfer, or pledge this Agreement and/or the Project, whether in whole or in part, nor assign any monies due or to become due to it 4 3.6 Contract No: PR00006275 without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 11. 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. 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. 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. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12. CANCELLATION/TERMINATION A. This Agreement may be cancelled/terminated with or without cause by COUNTY upon thirty (30) days’ written notice. COUNTY will not reimburse any Project expenses incurred by GRANTEE following notice of cancellation/termination. B. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or 5 3.6 Contract No: PR00006275 (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any Project expenses incurred after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for the Project not yet incurred by Grantee. C. GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 13. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term or cancellation of this Agreement do survive such term or cancellation. Such provisions include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; RECORDS- AVAILABILITY/ACCESS; CANCELLATION; and MINNESOTA LAW GOVERNS. 14. GRANT ADMINISTRATION Anna Carpenter, Youth Activities Grants Coordinator, or successor (“Grant Administrator”) shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. 15. 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 COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 16. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’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 GRANTEE, GRANTEE shall immediately notify COUNTY of the conflict or potential conflict. A conflict or 6 3.6 Contract No: PR00006275 potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 17. MEDIA OUTREACH GRANTEE shall notify COUNTY, 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 COUNTY, by and through its Public Relations Officer or their designee(s), 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, GRANTEE (i) that reference or otherwise use the term “Hennepin County” or any derivative thereof; or (ii) that directly or indirectly relate to, reference, or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder, or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 18. 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 7 3.6 Contract No: PR00006275 COUNTY ADMINISTRATOR APPROVAL Reviewed for COUNTY by the County Attorney's Office: Reviewed for COUNTY by: Document Assembled by: COUNTY OF HENNEPIN STATE OF MINNESOTA By: 8 3.6 Contract No: PR00006275 GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: By: *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. 9 3.6 Contract No: PR00006275 ATTACHMENT A: Project Deliverables Item Description Due Date Project GRANTEE shall complete the Project, Twin Oaks Play Area, as described in GRANTEE’s grant application on file with COUNTY. By May 31, 2026 Signage GRANTEE shall purchase and install signage acknowledging Hennepin County Youth Activities Grants as a Project funder. Signage must be reviewed and approved by COUNTY prior to purchase. Signage placement must be reviewed and approved by COUNTY prior to installation. Prior to final site visit Final site visit GRANTEE is responsible for scheduling a final site visit with Grant Administrator or designee. After installation of signage and prior to Project completion Final invoice Upon completion of the Project and related requirements, GRANTEE shall invoice COUNTY for costs and payments actually incurred by GRANTEE in completing the Project. Allowable expenses include capital costs related to the Project. GRANTEE shall submit invoices on forms furnished by COUNTY. GRANTEE shall submit the invoice no later than 30 days after Project completion. GRANTEE shall also submit receipts and other supporting documentation related to the Grant Requirements. After completion of site visit Certificate of Completion With the final invoice, GRANTEE shall submit a Certificate of Project Completion, as attached in Attachment B. The Certificate of Project Completion form is completed for projects receiving funding from Hennepin County Youth Activities Grants where a Certificate of Occupancy, per Minnesota Rules 1300.0220, is not required. Submitted with final invoice 10 3.6 Contract No: PR00006275 ATTACHMENT B: Certificate of Project Completion Certificate of Project Completion I hereby certify that: 1. The facility/structure listed below is not subject to the conditions of Minnesota Rules 1300.0220. 2. This document shall serve in lieu of a Certificate of Occupancy. 3. The construction of the facility is completed as outlined in contract PR00006275 with Hennepin County. 4. The facility is safe to be occupied by the public. 5. The required signage acknowledging grant funding from the Hennepin County Youth Activities Grants program, and placement of the signage, has been approved by COUNTY and has been installed per county guidelines. Facility Address: PIN (if applicable): Legal Description: Zoning District: Owner Name: City of Crystal Address: 4141 Douglas Drive North, Crystal, Minnesota 55422 Phone: (763) 531-1000 Comments: Name of Grant Recipient: City of Crystal Name of Authorized Official (print) Title Signature Date 11 3.6 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: August 15, 2024 TO: Adam R. Bell, City Manager (for August 20 meeting) SUBJECT: Public hearing to receive comment regarding the municipal consent plans for the Blue Line Extension ___________________________________________________________________________ Background Metropolitan Council is proposing to extend the existing METRO Blue Line light rail transit (LRT) facility from Target Field Station in Minneapolis through the cities of Robbinsdale, Crystal and Brooklyn Park to the vicinity of Highway 610 and Oak Grove Parkway. The extension would be 13.4 miles long and have 12 stations. Construction would start in 2027 with the line opening in 2030. Crystal Segment The Crystal segment would be 2 miles long with a station at Bass Lake Road. The LRT tracks would be built in the median of Bottineau Blvd. (commonly called County Road 81). Bottineau Blvd. would be reduced from six lanes to four. This lane reduction would result in a wider median to create space for the LRT tracks. An interchange would be constructed at Bass Lake Road so that through traffic on Bottineau Blvd. would pass over Bass Lake Road on bridges and there would be ramps connecting the two roadways. The Bass Lake Road station would be at grade in the space between the Bottineau Blvd. bridges. The north end of the station would be accessed from a sidewalk on Bass Lake Road. The south end of the station would be accessed from a pedestrian & bicycle path which would pass under the Bottineau Blvd. bridges and ramps. A park and ride lot would be constructed on the west side of Bottineau Blvd. south of the telecommunications tower. COUNCIL STAFF REPORT Blue Line Extension Municipal Consent Public Hearing 5.1 Anticipated property impacts include three total acquisitions: Cities Auto (5630 Lakeland), the Schrader office building (5501 Lakeland) and U-Haul (5465 Lakeland). The only access change would be for southbound Elmhurst Avenue which would be limited to right turns at Bass Lake Road. Elmhurst traffic desiring to go east on Bass Lake Road would need to go west and make a u-turn at the Sherburne Avenue signal. All other access movements would continue in approximately the same locations as existing conditions. Municipal Consent Minnesota Statutes 473.3994 requires Metropolitan Council to provide preliminary design plans to each respective city along the route and seek what is called Municipal Consent. Before the Crystal City Council considers taking action on Municipal Consent, it must hold a public hearing regarding the preliminary design plans. The statute provides three options: Approval. The city approves the plans as submitted. No Action. The city takes no action which also results in approval. Disapproval. The city must identify changes to the plans that would result in approval. It is important to note that the municipal consent statute does not provide a way for a city to require a different mode such as Bus Rapid Transit or to stop the project in general. The purpose of the Aug. 20 hearing is to receive public comments on the preliminary design plans that will help inform the City Council’s municipal consent vote which is anticipated to occur on Sep. 17. Attachments A. Municipal Consent guide and timeline B. Municipal Consent statute C. Written comments received to date D. Display boards from Aug. 20 Open House E. Plan excerpt - Hwy 100 to 47th F. Plan excerpt - 47th to Corvallis G. Plan excerpt - Corvallis to Wilshire H. Plan excerpt - Wilshire to Bass Lake Road I. Plan excerpt - Bass Lake Road to 58th J. Plan excerpt - 58th to 62nd K. Plan excerpt - Bass Lake Road from Elmhurst to Yates 5.1 METRO BLUE LINE EXTENSION BROOKLYN PARK • CRYSTAL • ROBBINSDALE • MINNEAPOLIS During the municipal consent process, expected to begin summer of 2024, the following entities will hold public hearings and receive comments on design plans: •Metropolitan Council •Hennepin County •Hennepin County Regional Railroad Authority •Brooklyn Park •Crystal •Robbinsdale •Minneapolis These revised preliminary design plans show the general dimensions and location of the light rail tracks, stations, and other components. After reviewing the plans and receiving comments, Hennepin County and the city governments will vote to approve or disapprove the preliminary design plans after the 45-day Municipal Consent approval period expected to be from August to October 2024. The plans are available in printed form or as electronic documents on the Blue Line Extension project website. PUBLIC HEARINGS Monday, August 26, 2024 NorthPoint Health & Wellness Conference Center 1256 Penn Ave N Suite 5200 Minneapolis, MN 55411 Public Hearing: 6 - 8 p.m. Joint public hearing by the Metropolitan Council, Hennepin County Board of Commissioners and Hennepin County Regional Railroad Authority (HCRRA) on the physical design component of the preliminary design plans for the METRO Blue Line Extension Project. August, September, October 2024 Cities will hold separate public hearings before October 10, 2024. For more information, contact your city government. More information on public hearings will be posted on the Blue Line Extension website at www.BlueLineExt.org. See following pages to find out: ✓How to read the municipal consent plans ✓Where to obtain copies of the plans ✓How to submit written comments Municipal Consent Guide Minnesota law requires the Metropolitan Council to seek local review and approval of the METRO Blue Line Extension project plans. This process is known as municipal consent. During municipal consent, the public can also review the plans and provide comments directly to local governments or to the Metropolitan Council. ATTACHMENT A5.1 How to Read the Preliminary Design Plans The design plans are divided into segments by city. There is a plan set for each city along the proposed Blue Line Extension route. The official Municipal Consent Preliminary Design Plans are presented in a roll plot format. Please refer to the table below with key area descriptions to find the specific roll plot you are interested in reviewing. Step 1: Find the SEGMENT that interests you in the table below. A detailed map is provided at the beginning of each plan (as shown at the bottom of this page). City Area Description Stations Layout Minneapolis On West Broadway from County Rd 81 to Lyndale Ave; several connections between West Broadway and Target Field Station Lowry Avenue James Avenue Lyndale Avenue Plymouth Avenue Target Field 1–6 Robbinsdale In freight rail corridor from North of Golden Valley Road to 46th Ave N Downtown Robbinsdale 6–9 Crystal On Bottineau Blvd from County Rd 81 and West Broadway from 63rd Ave to Downtown Robbinsdale 63rd Avenue Bass Lake Road 9–12 Brooklyn Park On West Broadway Ave from Oak Grove Pkwy to 73rd Ave; Bottineau Blvd from 73rd Ave to County Rd 81 and West Broadway Ave Oak Grove Parkway 93rd Avenue 85th Avenue Brooklyn Boulevard 12–23 1. Determine which Segment: Minneapolis: Layouts 1-6 Robbinsdale: Layouts 6-9 Crystal: Layouts 9-12 Brooklyn Park: Layouts 12-23 2. Review Key Map for specific layout number you want to review within each discipline. 3. Once at layout for review, refer to the legend for identifying design elements. For those reviewing physical copies of the Municipal Consent plans and those unable to open the roll plot, please refer to the provided Display Exhibits. These will provide an opportunity for all to review the full Municipal Consent designs in a smaller, simpler format for reviewing. 5.1 How to Read the Display Exhibits LAKELA N D A V E N W BROA D W A Y A V E ( C R 8)73RD AVE N75TH AVE NJOLLY LN N74TH AVE N74TH WAY N71ST AVE N75TH AVE N73RD AVE75TH CIRBOTTIN E A U B L V D ( C R 8 1) MARYLAND AVE N W BROADWAY AVE (CR 130)72ND AVE N72ND AVE N OFFICE LIQUID A T O R S GOODWI L L UHAUL WENDY' S TRACTI O N P O W E R S U B S T A TI O N (TPSS-B L 4 1 2) BNSF R AI L W A Y CARMA X PRINCE O F P E A C E LUTHE R A N C H U R C H CRYSTA L L A K E REGION A L T R AI L PLATFORM LRT TRACK AREA EXISTING RIGHT OF WAY BRIDGE LEGEND MODIFIED SIGNALIZED INTERSECTION PROPOSED DIRECTIONAL LANE USE EXISTING SIGNALIZED INTERSECTION PROPOSED SIGNALIZED INTERSECTION EXISTING PROPERTY LINE POTENTIAL STORMWATERTREATMENT LOCATION PAVED ROADWAY SIDEWALK CONCEPTUAL RIGHT OF WAY LINE PROPOSED GUARDRAIL CURB, MEDIAN, & TRUCK APRON TRAIL CONCRETE MEDIAN BARRIER RETAINING WALL PROPOSED NOISE WALL DRAINAGE AND UTILITY EASEMENT BUILDING REMOVAL EXISTING BUS STOP APPROX. LOCATION OF TRACTION POWER SUBSTATION (TPSS) APPROX. SIZE OF TPSS FINAL LOCATION TBD MARKED OR UNMARKED CROSSWALK DRAFT-WORK IN PROCESS NORTHBLUE LINE EXTENSION SCALE 0 07/26/2024CITY OF BROOKLYN PARK MUNICIPAL CONSENT DISPLAY EXHIBIT - PLAN VIEW 100 20050R00 BIKEWAY 63 OF 96 5.1 How to Comment Printed copies of the full preliminary design plans will be available for public review at the following locations starting July 26, 2024. Complete Plan Sets (all cities) Minneapolis Central Library, 300 Nicollet Mall, (second floor), Minneapolis, MN 55401 MnDOT Transportation Library, 395 John Ireland Blvd., St. Paul, MN 55155 Blue Line Extension Project Office, 6465 Wayzata Blvd., Suite 600, St. Louis Park, MN 55426 Metropolitan Council Library, 390 N. Robert St., St. Paul, MN 55101 Minnesota Legislative Library, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 North Regional Library, 1315 Lowry Ave. N., Minneapolis, MN 55411 Brookdale Library, 6125 Shingle Creek Pkwy., Brooklyn Center, MN 55430 Brooklyn Park Plans Brooklyn Park City Hall, 5200 85th Ave. N., Brooklyn Park, MN 55445 Brooklyn Park Library, 8500 West Broadway Ave., Brooklyn Park, MN 55445 Crystal Plans Crystal City Hall, 4141 Douglas Dr. N., Minneapolis, MN 55422 Rockford Road Library, 6401 N. 42nd Ave., Crystal, MN 55427 Robbinsdale Plans Robbinsdale City Hall, 4100 Lakeview Ave. N., Robbinsdale, MN 55422 Rockford Road Library, 6401 N. 42nd Ave., Crystal, MN 55427 Minneapolis Plans Minneapolis City Hall, City Engineer’s Office, Room 203, 350 S. 5th St., Minneapolis, MN 55415 North Regional Library, 1315 Lowry Ave. N., Minneapolis , MN 55411 Minneapolis Park and Recreation Board, 2117 West River Rd., Minneapolis, MN 55411 All design plans can be downloaded from the Metropolitan Council’s METRO Blue Line Extension Project website: www.BlueLineExt.org Submit written comments focused on the technical details of the design plans to your city, county and Metropolitan Council contacts listed below: Hennepin County: Shahin Khazrajafari, METRO Blue Line Extension Deputy Project Director METRO Blue Line Extension Project Office 6465 Wayzata Blvd., Suite 600 St. Louis Park, MN 55426 BLE.Comments@hennepin.us City of Brooklyn Park: Paul Mogush, Planning Manager 5200 85th Ave. N., Brooklyn Park, MN 55443 planning@brooklynpark.org City of Crystal: John Sutter, Community Development Director 4141 Douglas Dr. N., Crystal, MN 55422 john.sutter@crystalmn.gov City of Robbinsdale: Tim Sandvik, City Manager 4100 Lakeview Ave. N., Robbinsdale, MN 55422 tsandvick@ci.robbinsdale.mn.us City of Minneapolis: Menno Schukking, Transportation Planner 505 4th Ave. S., Room 410, Minneapolis, MN 55415 bluelinecomment@minneapolismn.gov Metropolitan Council: Nkongo Cigolo, Manager of Public Involvement METRO Blue Line Extension Project Office 6465 Wayzata Blvd., Suite 600, St. Louis Park, MN 55426 Nkongo.Cigolo@metrotransit.org 612-373-3825 There will be many opportunities for the public to participate in all of these next steps. For project questions or to invite us to an event, contact: Brooklyn Park/Crystal: Joanna Ocasio-Maisonet – Joanna.Ocasio-Maisonet@metrotransit.org Robbinsdale: James Mockovciak – James.Mockovciak@metrotransit.org Minneapolis: Kaja Vang – Kaja.Vang@metrotransit.org Join the conversation at: YourBlueLine.org Stay Connected! Visit BlueLineExt.org for more information, to sign-up for the project newsletter, and share your comments/questions on our interactive map. 5.1 8Municipal Consent Timeline5.1 473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS. Subdivision 1.[Repealed, 1989 c 339 s 24] Subd. 1a.Designation of responsible authority.For each proposed light rail transit facility in the metropolitan area, the governor must designate either the Metropolitan Council or the state of Minnesota acting through the commissioner of transportation as the entity responsible for planning, designing, acquiring, constructing, and equipping the facility. Notwithstanding such designation, the commissioner and the council may enter into one or more cooperative agreements with respect to the planning, designing, acquiring, constructing, or equipping of a particular light rail transit facility that provide for the parties to exercise their respective authorities in support of the project in a manner that best serves the project and the public. Subd. 2.Preliminary design plans; public hearing.Before final design plans are prepared for a light rail transit facility in the metropolitan area, the responsible authority and the regional railroad authority or authorities in whose jurisdiction the line or lines are located must hold a public hearing on the physical design component of the preliminary design plans. The responsible authority and the regional railroad authority or authorities in whose jurisdiction the line or lines are located must provide appropriate public notice of the hearing and publicity to ensure that affected parties have an opportunity to present their views at the hearing. The responsible authority shall summarize the proceedings and testimony and maintain the record of a hearing held under this section, including any written statements submitted. Subd. 3.Preliminary design plans; local approval.At least 30 days before the hearing under subdivision 2, the responsible authority shall submit the physical design component of the preliminary design plans to the governing body of each statutory and home rule charter city, county, and town in which the route is proposed to be located. The city, county, or town shall hold a public hearing. Within 45 days after the hearing under subdivision 2, the city, county, or town shall review and approve or disapprove the plans for the route to be located in the city, county, or town. A local unit of government that disapproves the plans shall describe specific amendments to the plans that, if adopted, would cause the local unit to withdraw its disapproval. Failure to approve or disapprove the plans in writing within 45 days after the hearing is deemed to be approval, unless an extension of time is agreed to by the city, county, or town and the responsible authority. Subd. 4.Preliminary design plans; council hearing.If the governing body of one or more cities, counties, or towns disapproves the preliminary design plans within the period allowed under subdivision 3, the council shall hold a hearing on the plans, giving the commissioner of transportation, if the responsible authority, any disapproving local governmental units, and other persons an opportunity to present their views on the plans. The council may conduct independent study as it deems desirable and may mediate and attempt to resolve disagreements about the plans. Within 60 days after the hearing, the council shall review the plans and shall decide what amendments to the plans, if any, must be made to accommodate the objections presented by the disapproving local governmental units. Amendments to the plans as decided by the council must be made before continuing the planning and designing process. Subd. 5.Final design plans.(a) If the final design plans incorporate a substantial change from the preliminary design plans with respect to location, length, or termini of routes; general dimension, elevation, or alignment of routes and crossings; location of tracks above ground, below ground, or at ground level; or station locations, before beginning construction, the responsible authority shall submit the changed component of the final design plans to the governing body of each statutory and home rule city, county, and town in which the changed component is proposed to be located. Within 60 days after the submission of the plans, the city, county, or town shall review and approve or disapprove the changed component located in the city, county, or town. A local unit of government that disapproves the change shall describe specific amendments to the plans that, if adopted, would cause the local unit to withdraw its disapproval. Failure to approve or Official Publication of the State of Minnesota Revisor of Statutes 473.3994MINNESOTA STATUTES 20231 ATTACHMENT B5.1 disapprove the changed plans in writing within the time period is deemed to be approval, unless an extension is agreed to by the city, county, or town and the responsible authority. (b) If the governing body of one or more cities, counties, or towns disapproves the changed plans within the period allowed under paragraph (a), the council shall review the final design plans under the same procedure and with the same effect as provided in subdivision 4 for preliminary design plans. Subd. 6.[Repealed, 1993 c 353 s 20] Subd. 7.Council review.If the commissioner is the responsible authority, before proceeding with construction of a light rail transit facility, the commissioner must submit preliminary and final design plans to the Metropolitan Council. The council must review the plans for consistency with the council's development guide and approve the plans. Subd. 8.Metropolitan significance.This section does not diminish or replace the authority of the council under section 473.173. Subd. 9.Light rail transit operating costs.(a) Before submitting an application for federal assistance for light rail transit facilities in the metropolitan area, the Metropolitan Council must prepare an estimate of the amount of operating subsidy which will be required to operate light rail transit in the corridor to which the federal assistance would be applied. The estimate must indicate the amount of operating subsidy estimated to be required in each of the first ten years of operation of the light rail transit facility. If the commissioner of transportation is the responsible authority, the commissioner must provide information requested by the council that is necessary to make the estimate. (b) The council must review and evaluate the estimate developed under paragraph (a) with regard to the effect of operating the light rail transit facility on the currently available mechanisms for financing transit in the metropolitan area. Subd. 10.Corridor Management Committee.(a) The responsible authority must establish a Corridor Management Committee to advise the responsible authority in the design and construction of light rail transit in each corridor to be constructed. The Corridor Management Committee for each corridor shall consist of the following members: (1) one member appointed by each city and county in which the corridor is located; (2) the commissioner of transportation or a designee of the commissioner; (3) two members appointed by the Metropolitan Council, one of whom shall be designated as the chair of the committee; (4) one member appointed by the Metropolitan Airports Commission, if the designated corridor provides direct service to the Minneapolis-St. Paul International Airport; and (5) one member appointed by the president of the University of Minnesota, if the designated corridor provides direct service to the university. (b) The Corridor Management Committee shall advise the responsible authority on issues relating to environmental review, preliminary design, preliminary engineering, final design, implementation method, and construction of light rail transit in the corridor. Subd. 11.[Repealed, 1998 c 404 s 84] Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2023473.3994 5.1 Subd. 12.[Repealed, 1999 c 230 s 46] Subd. 13.[Repealed, 2008 c 287 art 1 s 126] Subd. 14.Transfer of facility after construction.If the commissioner of transportation is the responsible authority for a particular light rail transit facility, the commissioner must transfer to the Metropolitan Council all facilities constructed and all equipment and property acquired in developing the facility upon completion of construction. History: 1987 c 405 s 2; 1989 c 339 s 3-6; 1991 c 291 art 4 s 9; 1993 c 353 s 7-15; 1994 c 628 art 3 s 99; 1997 c 7 art 2 s 59; 1998 c 404 s 57-59; 1999 c 230 s 40-42; 2000 c 260 s 68; 2008 c 287 art 1 s 104; 2010 c 382 s 87; 2011 c 76 art 1 s 72 Official Publication of the State of Minnesota Revisor of Statutes 473.3994MINNESOTA STATUTES 20233 5.1 1 From: Sent:Friday, August 9, 2024 9:49 AM To:John Sutter Subject:METRO Blue Line Extension municipal consent comments It would be great to consider adding a stop at 47th street in Crystal we have lots of young adolescents that don’t have transportation that will benefit from using the blue line to commute to local jobs, schools and recreational activities. There is a significant hike in this area between robbinsdale and bass lake. Thanks for your consideration. Sincerely Crystal Homeowner Sent from my iPhone ATTACHMENT C5.1 WELCOMEWelcome to the METRO Blue Line Extension Community MeetingATTACHMENT D5.1 <yC< rC g 8B[ rC g <IsWyrC g IsCbIsC WI-C[< [[<: WI ĴıWrC g WII:<yC Ig<rW Ķijb* rC g ķıW rC g T<yBIgb* rC g TCC rC g I:%WIr TW:sy B´åå´åå´ÞÞ´ W´ü ábW%b $-< s åì áÓýăWÓýăgÞì å TáÓÞÓå WÓñì [ìì´ÓÍ á :T ÍÍ ü C$á ÌÓÍìü C<ăÍÆ ü C <Óýáăü C %ÓÆ Í r ÆÆ ăWs å ì á Ó ý ăs屴ͬìÓÍ ü įĮì ±ü C İįåìü CÓì ì ´ Í ñ Æü ƋÓ ñ Í ì ă WĶį ƌs åì áÓýăĴįĮ ĴķIJ įĮĮ ķIJ ijij WII:<yC TW: %522./<1 &(17(5 Wy[b< Cs *IT %I<C r<<y WI-C[< B-CCTI<-[ bý´Í <à áăåìÆ <à C IJİÍü ƋÓñÍìăWķƌ In Fall 2023, project partners developed a proposed route based on community feedback and analysis by engineering staff. This route is being advanced to a preliminary design and environmental analysis stage for city and federal review. BLUE LINE EXTENSION PROPOSED ROUTE 5.1 BASS LAKE ROAD: INTERCHANGE OPTION Design Features: zCounty Road 81 two lanes in eachdirection on a grade-separatedoverpass at Bass Lake Road with rampsfor access from Bass Lake RoadzThe intersection maintains full accessfor Bass Lake RoadzLight rail is at-grade centered betweenoverpass bridgeszPark and ride access via LakelandAvenue North from the WilshireBoulevard intersectionzStation platform is at-grade framed byadjacent interchange bridgeszThe south at-grade crossing providesgrade-separation from County Road 81and provides access to trails on eitherside of County Road 81 and to the parkand ridePark and Ride At-grade Pedestrian Crossing with Trail Connections ~3 minutes to cross Note: This image represents a planning concept based on cursory engineering work. If this concept advances, significant additional design would be DRAFT: CONCEPT IN DEVELOPMENT required. Aerial View of Station Area Looking North 5.1 BASS LAKE ROAD: INTERCHANGE OPTION STATION AREA VIEWS DRAFT: CONCEPT IN DEVELOPMENT Note: This image represents a planning concept based on cursory engineering work. If this concept advances, significant additional design would be required. Ground View of Station Area Looking South DRAFT: CONCEPT IN DEVELOPMENT Note: This image represents a planning concept based on cursory engineering work. If this concept advances, significant additional design would be required. Ground View of Station Area Looking East DRAFT: CONCEPT IN DEVELOPMENT Note: This image represents a planning concept based on cursory engineering work. If this concept advances, significant additional design would be required. Ground View of Station Area Looking East from Park and Ride 5.1 BASS LAKE ROAD: INTERCHANGE OPTION STATION - NIGHT VIEW DRAFT: CONCEPT IN DEVELOPMENT Note: This image represents a planning concept based on cursory engineering work. If this concept advances, significant additional design would be required. Ground View of Station Area Looking South DRAFT: CONCEPT IN DEVELOPMENT Note: This image represents a planning concept based on cursory engineering work. If this concept advances, significant additional design would be required. Ground View of Station Area Looking East from Park and Ride 5.1 METRO BLUE LINE EXTENSIONCR 81 TRAFFIC VOLUMESAnnual average daily traffic (AADT) is the estimated average daily traffic volume experienced in both directions of a roadway segment considering the seasonal variation in traffic in a one-year period.1) Existing volumes during the design phase for the CR 81 reconstruction.2) Volumes after the CR81 reconstruction but before the restriping to 6 lanes between 47th Ave and Wilshire Blvd.3) Volumes after the CR 81 restriping to 6 lanes between 47th Ave and Wilshire Blvd. MnDOT 2022 seasonal adjustment factors applied.4) Volumes collected in October 2021. MnDOT 2022 seasonal adjustment factors applied.5) Intersection turning movement count data collected in April 2022. MnDOT 2022 seasonal adjustment factors applied.6) Intersection turning movement count data collected in September 2022. MnDOT 2022 seasonal adjustment factors applied.7) Intersection turning movement count data collected in May 2023. MnDOT 2022 seasonal adjustment factors applied.8) Intersection turning movement count data collected in September/October 2023. MnDOT 2022 seasonal adjustment factors applied.9) Forecasts in the current Hennepin County Transportation Plan.10) Forecasts based on Year 2050 BLEForecast ModelingSegment2005 AADT1(vehicles/day)2015 AADT2(vehicles/day)2019 AADT3(vehicles/day)2021 AADT4(vehicles/day)2022 AADT5 Data Set 1(vehicles/day)2022 AADT6Data Set 2(vehicles/day)2023 AADT7Data Set 1 (vehicles/day)2023 AADT8Data Set 2(vehicles/day)2040 Forecasts9(vehicles/day)2050 Forecasts10(vehicles/day)ACR 81, 63rd Ave to Bass Lake Road23,900 26,500 29,500 26,500 28,500 26,500 29,000 30,500 34,000 32,000BCR 81, Bass Lake Rd to Wilshire Blvd.23,900 27,000 31,500 27,500 30,500 28,000 31,500 33,000 32,000 33,000CCR 81, Wilshire Blvd to Corvallis Ave29,000 32,500 29,500 34,000 34,500DCR 81, Corvallis Ave to 47th Ave30,500 34,500 31,500 36,000 37,000ECR 81, 47th Ave to TH 100 ramps28,500 32,500 39,000 33,500 37,000 33,500 38,000 39,000 39,000 41,1005.1 METRO BLUE LINE EXTENSIONBass Lake Rd / Elmhurst Ave Intersection Improvements Why the proposed change? Discourages cut-through traffic coming from the north (Louisiana/62nd area) The proposed design will: reduce conflict points at an intersection with high number of accidents, improve intersection sight distance, better traffic channelization Encourages safer routes to Bass Lake Road from northern neighborhoodsEXISTING CONDITIONSPROPOSED 5.1 METRO BLUE LINE EXTENSION30%-60%-90% DESIGN PROGRESSION30% Design60% Design 90% Design zAlignmentzStation locationszTypical sections (i.e., width of vehicle lanes, sidewalks, etc.)zGeneral access changeszPrepare preliminary planszRefinements to typical section (i.e., width of vehicle lanes, sidewalks, etc. and access)zSite plans for park-and-rideszTraffic planszEnvironmental mitigation measureszIntersection designzStation architectural design (i.e., platform, shelters)zLighting planszLandscaping planszArchitectural treatment of retaining walls and noise walls, where applicablezConstruction planningBelow are the design milestones project staff have and will continue to engage the community on throughout the entire plan development process and construction.SPRING-SUMMER 2024SUMMER 2025WINTER 2024-20255.1 METRO BLUE LINE EXTENSION | July 2024 NEXT STEPS AND DECISION POINTS 1: SELECT DESIGN OPTIONS TO MOVE INTO THE DRAFT ENVIRONMENTAL DOCUMENT (SEPTEMBE RR 2022) Public comment on the design options studied in the environmental document (October 2022) 2: IDENTIFY PREFERRED OPTION (SEPTEMBE RR 2023) This process advanced design and community engagement to identify a preferred option A recommendation on the preferred option was made through the Blue Line committees (September 2023) 3: PREPARE DRAFT ENVIRONMENTAL DOCUMENT (OCTOBE RR 2022-JUN EE 2024) This process will evaluate social, economic, and environmental impacts and benefits of multiple design options and identify a preferred option Public comment on the environmental findings of the design options (June-August 2024) 4: PREPARE FINAL ENVIRONMENTAL DOCUMENT AND MITIGATION COMMITMENTS (SUMME RR 202 44 -- MID-2025) This process will evaluate social, economic, and environmental impacts and benefits of the preferred route and station locations and identify and commit to mitigation measures for impacts Public comment on the mitigation commitments (Mid-2025) We are here! 5.1 MinneapolisnSt PaulEdinaEdWoodburyRosevilleevilodMaplewooodMapRichfielddBloomingtonBloomMinnetonkaMMaple GroveeEden PrairieEiSt Louis ParkoBrooklyn ParkBl iBlaineHopkinskinCrystalyFridleyyOakdalekNew HopeRobbinsdaleWestWstsSt PaulPaPGolden Valleyt PaulNorth SlNorthBrooklyn CeenterCeBrooklynoklyn CBrooklyn CentBrooklyn s HeightsVadnaisnisakeWhhite Bear LakWdota HeightshMendoMndobiaColumbumsHeightOsseooLilydaleilydaMahtomediMamiiSt AnthonynynhoyLittle Canadattle CCanadaFalconHeightsParkSpring Lake g Lake ParkF LineD LineD LineB LineE LineE LineC LineA LineOrange LineRed LineBlue LineBlue LineGreen LineGreen LineGold LinePurple LineRiverview LineG LineG LineH LineProject under study; route and stations subject to changeProject under study; route and stations subject to changeWhite Bear Ave CorridorJuly 2023The Blue Line Extensionwill run from downtown Minneapolis to Brooklyn Park, connecting some of our region’s most diverse communities to jobs, education, and opportunities. This line will provide single seat trips to downtown Minneapolis, Minneapolis-St. Paul International Airport, and Mall of America. MSP AirportMall of AmericaFUTURE TRANSITMETRO BLUE LINE EXTENSION5.1 METRO BLUE LINE EXTENSIONGENERATIONAL INVESTMENT CONNECTING DESTINATIONS AROUND THE METROBrooklyn ParkBrooklyn Park offers regional employment and education destinations that are complemented by a thriving immigrant-owned business community.Brooklyn Park LibraryThe location that opened in 2016 with new art and meeting rooms offers a wide range of spaces and services in a beautiful building twice as large as the previous library.North Hennepin Community College (NHCC)NHCC is an affordable community college with programs that fit a variety of lifestyles and interests.Bass Lake RoadBass Lake Road and Becker Park in Crystal offer an enhanced streetscape experience for pedestrians and businesses and have become destinations for neighbors to come together.Downtown RobbinsdaleWest Broadway Avenue in Robbinsdale offers a small-town feel with shopping districts, local restaurants, parks and trails. The Blue Line Extension knits together multiple commercial intersections along the historic Main Street.North Memorial HospitalHaving North Memorial Medical Center on the line offers a new connection for its 6,000 current and future employees and improved regional access to world-class health care.West BroadwayWest Broadway is a main artery of North Minneapolis, home to iconic Northside institutions and beloved Black-owned businesses.Minneapolis North LoopBuilt in the historic Warehouse District, residents and visitors come here for sports, nightlife, restaurants, and shopping.12345687Existing Blue Line & Green Line Light RailMinneapolisRobbinsdaleBrooklyn CenterBrooklyn ParkCrystalLake StreetVeterans Affairs (VA)MSP AirportMall of America698754312University ofMinnesotaDowntownSt. PaulLowertown111012141513Downtown MinneapolisDowntown Minneapolis is anchored by pedestrian – centered Nicollet Mall, the tallest building in Minnesota, the IDS Tower, and eight miles of skyway. It is the city’s main business district and connects the Twin Cities metro area by transit.Minneapolis – Saint Paul (MSP) AirportMSP is one of the busiest and largest airports in the Midwest. It is located 10 miles south of Minneapolis and 10 miles south of Saint Paul, connecting residents of the Twin Cities to locations around the world.Mall of AmericaRecognized as the largest shopping and entertainment complex in the United States and one of the most visited tourist attractions on the globe, the Mall of America has more than 500 stores, 60 restaurants, an amusement park, and more.University of MinnesotaOne of the nation’s top public research universities with over 4,000 faculty and 36,000 students and known for its management, education, and law programs.MidwayThe Midway neighborhood has a diverse mix of residential and commercial properties to explore, shop, and eat at including Allianz Field, Midway Marketplace, Concordia University.Saint PaulSaint Paul, the capital of Minnesota, is rich with culture between its great restaurants, museums, theaters, sports venues, and parks. You can get to Saint Paul by making a quick connection from the Blue Line to the Green Line in Downtown Minneapolis.Lowertown Saint PaulLocated at the edge of downtown, former warehouse and railroad buildings have become home to artist galleries, restaurants, and the St Paul Saints at CHS Field.9101112131415Midway1617Loring Park/Bryn Mawr MeadowsLake of the Isles / Bde Maka Ska5.1 SCHEDULEMETRO BLUE LINE EXTENSION5.1 STAY CONNECTED!VisitBlueLineExt.orgto sign-up for the project newsletter, and share your comments, questions and concerns on our interactive feedback map.For project questions or to invite us to an event, contact:Brooklyn Park/Crystal: Joanna Ocasio-Maisonet – Joanna.Ocasio-Maisonet@metrotransit.orgRobbinsdale:James Mockovciak – James.Mockovciak@metrotransit.orgMinneapolis:Kaja Vang – Kaja.Vang@metrotransit.orgShare your Blue Line Extension story at:YourBlueLineExt.org @BlueLineExt @Blue_Line_Extension @METROBlueLineExtension5.1 METRO BLUE LINE EXTENSIONBROOKLYN PARK • CRYSTAL • ROBBINSDALE • MINNEAPOLISMunicipal Consent GuideMinnesota law requires the Metropolitan Council to seek local review and approval of the METRO Blue Line Extension project plans. This process is known as municipal consent. During municipal consent, the public can also review the plans and provide comments directly to local governments or to the Metropolitan Council.During the municipal consent process, the following entities will hold public hearings and receive comments on design plans:• Metropolitan Council • Hennepin County • Hennepin County Regional Railroad Authority• Brooklyn Park These revised preliminary design plans show the general dimensions and location of the light rail tracks, stations, and other components.Municipal Consent OutcomesAfter reviewing the plans and receiving comments, Hennepin County and the city governments will vote to approve or disapprove the preliminary design plans after the 45-day Municipal Consent approval period expected to be from August to October 2024. VOTEAPPROVE NO ACTION DISAPPROVEWHAT IT MEANSOUTCOMEThe plans are considered with the coordination that has occured to-dateConsentConsentApproval vote by defaultCity/County must provide specific plan amendments required to gain consentPlan amendments, followed by Consent• Crystal • Robbinsdale • Minneapolis 5.1 METRO BLUE LINE EXTENSIONBROOKLYN PARK • CRYSTAL • ROBBINSDALE • MINNEAPOLISComplete Plan Sets (all cities) MINNEAPOLIS CENTRAL LIBRARY300 Nicollet Mall, (second floor), Minneapolis, MN 55401MNDOT TRANSPORTATION LIBRARY395 John Ireland Blvd., St. Paul, MN 55155BLUE LINE EXTENSION PROJECT OFFICE6465 Wayzata Blvd., Suite 600, St. Louis Park, MN 55426METROPOLITAN COUNCIL LIBRARY390 N. Robert St., St. Paul, MN 55101MINNESOTA LEGISLATIVE LIBRARY100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 NORTH REGIONAL LIBRARY1315 Lowry Ave. N., Minneapolis, MN 55411 BROOKDALE LIBRARY6125 Shingle Creek Pkwy., Brooklyn Center, MN 55430Submit written comments focused on the technical details of the design plans to your city, county and Metropolitan Council contacts listed below:Hennepin County:Shahin Khazrajafari, METRO Blue Line Extension Deputy Project DirectorMETRO Blue Line Extension Project Office6465 Wayzata Blvd., Suite 600St. Louis Park, MN 55426BLE.Comments@hennepin.usCity of Brooklyn Park:Paul Mogush, Planning Manager5200 85th Ave. N., Brooklyn Park, MN 55443planning@brooklynpark.orgCity of Crystal:John Sutter, Community Development Director4141 Douglas Dr. N., Crystal, MN 55422john.sutter@crystalmn.govCity of Robbinsdale:Tim Sandvik, City Manager4100 Lakeview Ave. N., Robbinsdale, MN 55422tsandvick@ci.robbinsdale.mn.usCity of Minneapolis:Menno Schukking, Transportation Planner505 4th Ave. S., Room 410, Minneapolis, MN 55415bluelinecomment@minneapolismn.govMetropolitan Council:Nkongo Cigolo, Manager of Public Involvement METRO Blue Line Extension Project Office6465 Wayzata Blvd., Suite 600, St. Louis Park, MN 55426Nkongo.Cigolo@metrotransit.org612-373-3825Submit comments online anytime atBlueLineExt.org Brooklyn Park Plans BROOKLYN PARK CITY HALL5200 85th Ave. N., Brooklyn Park, MN 55445 BROOKLYN PARK LIBRARY8500 West Broadway Ave., Brooklyn Park, MN 55445Crystal Plans CRYSTAL CITY HALL4141 Douglas Dr. N., Minneapolis, MN 55422 ROCKFORD ROAD LIBRARY6401 N. 42nd Ave., Crystal, MN 55427Robbinsdale Plans ROBBINSDALE CITY HALL4100 Lakeview Ave. N., Robbinsdale, MN 55422 ROCKFORD ROAD LIBRARY6401 N. 42nd Ave., Crystal, MN 55427Minneapolis Plans MINNEAPOLIS SERVICE CENTER505 S. 4th Ave., Room 220, Minneapolis, MN 55415 NORTH REGIONAL LIBRARY1315 Lowry Ave. N., Minneapolis , MN 55411 MINNEAPOLIS PARK AND RECREATION BOARD2117 West River Rd., Minneapolis, MN 55411Printed copies of the full preliminary design plans will be available for public review at the following locations stating July 26, 2024 and can also be downloaded from the Metropolitan Council’s METRO Blue Line Extension Project website: www.BlueLineExt.org5.1 METRO BLUE LINE EXTENSIONBROOKLYN PARK • CRYSTAL • ROBBINSDALE • MINNEAPOLIS Hennepin County:Shahin Khazrajafari, METRO Blue Line Extension Deputy Project DirectorMETRO Blue Line Extension Project Office6465 Wayzata Blvd., Suite 600St. Louis Park, MN 55426BLE.Comments@hennepin.us City of Brooklyn Park:Paul Mogush,Planning Manager5200 85th Ave. N., Brooklyn Park, MN 55443planning@brooklynpark.org City of Crystal:John Sutter, Community Development Director4141 Douglas Dr. N., Crystal, MN 55422john.sutter@crystalmn.gov City of Robbinsdale:Tim Sandvik,City Manager4100 Lakeview Ave. N., Robbinsdale, MN 55422tsandvick@ci.robbinsdale.mn.us City of Minneapolis:Menno Schukking, Transportation Planner505 4th Ave. S., Room 410, Minneapolis, MN 55415bluelinecomment@minneapolismn.gov Metropolitan Council:Nkongo Cigolo, Manager of Public Involvement METRO Blue Line Extension Project Office6465 Wayzata Blvd., Suite 600, St. Louis Park, MN 55426Nkongo.Cigolo@metrotransit.org612-373-3825Submit comments online anytime atBlueLineExt.org How to Submit Comments to your City:5.1 APPROX. LOCATION OFTRACTION POWERSUBSTATION (TPSS-BL407)9F9D9CB9EBBINSDALECRYSTAL44TH AVE NTH 10045 1/2 TH AVE NSCOTT AVE NLAKELAND AVE N45TH AVE N45TH 1/2 AVE NQUAIL AVE NREGENT AVE N45TH AVE N47TH AVE NGRAESER PARKHISTORICWAYSIDE REST47TH AVE NWEST BROADWAY AVE (CR 8)BOTTINEAU BLVD (CR 81)R=2862.8'45 MPHe=0.035R=7639.0'45 MPHe=NCR=7639.0'45 MPHe=NCR=2946.0'45 MPHe=0.029PLATFORMLRT TRACK AREAEXISTINGRIGHT OF WAYBRIDGELEGENDMODIFIED SIGNALIZEDINTERSECTIONPROPOSEDDIRECTIONAL LANE USEEXISTING SIGNALIZEDINTERSECTIONPROPOSED SIGNALIZEDINTERSECTIONEXISTINGPROPERTY LINEPOTENTIAL STORMWATERTREATMENT LOCATIONPAVED ROADWAYSIDEWALKCONCEPTUALRIGHT OF WAY LINEPROPOSEDGUARDRAILCURB, MEDIAN,& TRUCK APRONTRAILCONCRETEMEDIAN BARRIERRETAINING WALLPROPOSEDNOISE WALLDRAINAGE ANDUTILITY EASEMENTCURVE NUMBERBUILDING REMOVALEXISTING BUS STOPAPPROX. LOCATION OFTRACTION POWERSUBSTATION (TPSS)APPROX. SIZE OF TPSSFINAL LOCATION TBDMARKED OR UNMARKEDCROSSWALKSEE LAYOUT 10ATTACHMENT E5.1 10A10B10C10DR=5000.0'45 MPHe=MATCH EXISTINGR=30000.0'45 MPHe=MATCH EXISTINGR=13500.0'45 MPHe=MATCH EXISTINGR=6500.0'45 MPHe=MATCH EXISTINGR=6000.0'45 MPHe=MATCH EXISTINGR=6000.0'45 MPHe=MATCH EXISTINGLAKESIDE AVE NW BROADWAY AVE (CSAH 8)47TH AVE NWELCOME AVE NBOTTINEAU BLVD (CR 81)48TH AVE NLAKELAND AVE NVERA CRUZ AVE N50TH AVE NFAIRVIEW AVE N49TH AVE NBYRON AVE NCRYSTALSDALECAVANAH SENIORAPARTMENTSLAKELAND AVE N48TH AVE NLAKESIDE AVE N49TH AVE NFAIRVIEW AVE N50TH AVE NCORVALLIS AVE NTOLEDO AVE NLAKELAND AVE NCITY OF CRYSTALCITY OF ROBBINSDALECRYSTAL LAKE REGIONAL TRAILSEE LAYOUT 9EXISTING BMPAPPROX TPSS AREABL-408POTENTIAL STORMWATERTREATMENT LOCATIONCURVE NUMBERAPPROX. SIZE OF TPSSFINAL LOCATION TBDATTACHMENT F5.1 10D10E10FBNSF RAILROAD500.0'PHATCH EXISTINGR=6000.0'45 MPHe=MATCH EXISTING10GR=78700.0'45 MPHe=MATCH EXISTINGR=70000.0'45 MPHe=MATCH EXISTINGR=40000.0'45 MPHe=MATCH EXISTINGR=25000.0'45 MPHe=MATCH EXISTINGR=20000.0'45 MPHe=MATCH EXISTINGR=78700.0'45 MPHe=MATCH EXISTINGR=20000.0'45 MPHe=MATCH EXISTINGR=20000.0'45 MPHe=MATCH EXISTINGR=8000.0'45 MPHe=MATCH EXISTINGWELCOME AVE NBOTTINEAU BLVD (CR 81)CPKC RAILROADXENIA AVE NVERA CRUZ AVE NLAKELAND AVE NCORVALLIS AVE NBERNARD AVE N51ST AVE NBENCHMARKINTERIORSBGD COMPANIES,INC.KILLMERELECTRIC CO.CAVANAH SENIORAPARTMENTSCPKC RAILROADCORVALLIS AVE NWELCOME AVE NSEE LAYOUT 11 LRT - TRACK 2EXISTING BMPEXISTING BMPEXISTING BMPEXISTING BMPATTACHMENT G5.1 11J11I11H11G11F11EHANSON CT81)LAKELAND AVE NAND ALAKELAND AVE NBECKER PARCRYSTALBUSINESSCOMMONSHOLIDAYCONVENIENCESTOREBASS LAKECENTER30 MPHe=2.00%30 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%APARTMENTBUILDINGSCARHOP AUTOSALES & FINANCEMAX IT PAWNRISE INC45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%BNSF RAILROADSEE LAYOUT 10PLATFORMLRT TRACK AREAEXISTINGRIGHT OF WAYBRIDGELEGENDMODIFIED SIGNALIZEDINTERSECTIONPROPOSEDDIRECTIONAL LANE USEEXISTING SIGNALIZEDINTERSECTIONPROPOSED SIGNALIZEDINTERSECTIONEXISTINGPROPERTY LINEPOTENTIAL STORMWATERTREATMENT LOCATIONPAVED ROADWAYSIDEWALKCONCEPTUALRIGHT OF WAY LINEPROPOSEDGUARDRAILCURB, MEDIAN,& TRUCK APRONTRAILCONCRETEMEDIAN BARRIERRETAINING WALLPROPOSEDNOISE WALLDRAINAGE ANDUTILITY EASEMENTCURVE NUMBERBUILDING REMOVALEXISTING BUS STOPAPPROX. LOCATION OFTRACTION POWERSUBSTATION (TPSS)APPROX. SIZE OF TPSSFINAL LOCATION TBDMARKED OR UNMARKEDCROSSWALKATTACHMENT H5.1 11L11K11J11IHBOTTINEAU BLVD (CR 81)12AELMHURST AVEBRENTWOOD AVE N57TH AVE NCLOVERDALEAVECOLORADO AVE NAVE NLAKELAND AVE NBRUNSWICK AVE NBECKER PARKCRYSTALMEDICAL CENTERFAMILY CAFE &DINERCRYSTALLIQUORWAREHOUSECITIES AUTOSALES & FINANCEBASS LAKECENTERCRYSTAL AIRPORT RD30 MPHe=2.00%30 MPHe=2.00%30 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%ARTMENTUILDINGSLAKELAND AVETHUNDERBIRDAVIATIONCRYSTALBNSF RAILROADSEE LAYOUT 12SHEETDATTACHMENT I5.1 BOTTINEAU BLVD (CR 81)12ALOMBARDY LAFLORIDA AVE NLAKELAND AVE NELMHURST AVEHAMPSHIRE AVE N60TH AVE N62ND AVE NCITY OF CRYSTALCITY OF BROOKLYN PARKCRYSTALAIRPORTNORTH STAR INNAND SUITESMINNEAPOLISPIPEFITTERS45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%45 MPHe=2.00%BNSF RAILROADSEE LAYOUT 11SEE LAYOUT 13LRT - TRACK 2SEE LAYOUT 11BOTTINEAU BLVD (CR 81) NB CLBOTTINEAU BLVD (CR 81) SB CLPLATFORMLRT TRACK AREAEXISTINGRIGHT OF WAYBRIDGELEGENDMODIFIED SIGNALIZEDINTERSECTIONPROPOSEDDIRECTIONAL LANE USEEXISTING SIGNALIZEDINTERSECTIONPROPOSED SIGNALIZEDINTERSECTIONEXISTINGPROPERTY LINEPOTENTIAL STORMWATERTREATMENT LOCATIONPAVED ROADWAYSIDEWALKCONCEPTUALRIGHT OF WAY LINEPROPOSEDGUARDRAILCURB, MEDIAN,& TRUCK APRONTRAILCONCRETEMEDIAN BARRIERRETAINING WALLPROPOSEDNOISE WALLDRAINAGE ANDUTILITY EASEMENTCURVE NUMBERBUILDING REMOVALEXISTING BUS STOPAPPROX. LOCATION OFTRACTION POWERSUBSTATION (TPSS)APPROX. SIZE OF TPSSFINAL LOCATION TBDMARKED OR UNMARKEDCROSSWALKATTACHMENT J5.1 11A11B11C11DBASS LAKE RD (CSAH 10)BASS LAKE RD (CSAH 10)40 MPHe=2.00%CRYSTALLIQUORWAREHOUSEBECKER PARKBASS LAKECENTERZANE AVE NYATES AVE NADAIR AVE NELMHURST AVEINSET A - BASS LAKE RD (CSAH 10)BASS LAKE RD (CSAH 10)ATTACHMENT K5.1 DATE: August 14, 2024 TO: Adam R. Bell, City Manager City of Crystal City Council FROM: Jean McGann, Contracted Finance Director RE: Expenditures over $25,000 Payee Amount Metropolitan Council Wastewater Services for August $143,220.09 Waste Management (HRG) New Hope, Brooklyn Center, & Crystal June Recycling $75,067.84 Webber Recreational Design Pool Improvements $334,112.50 West Metro Fire Rescue District June, July, & August Contributions to West Metro Fire $408,654.15 Jeanie's Journeys Recreation Senior's Trip $37,110.40 LOGIS IT Services $198,608.93 Municipal Builders Inc Pump House Project $96,487.27 Nick's Tree Service Inc Ash Tree and Stump Removal $70,345.00 Golden Valley JWC JWC June Water Charges $191,081.73 Northwest Asphalt Inc 2024 Utility Reconstruction $113,565.06 Short Elliot Hendrickson Inc 2024 Utility Reconstruction $43,813.02 Kevitt Excavating LLC Pool Excavating $120,536.25 Boys Contracting LLC JWC Valve 14-027 $51,519.19 Core & Main LP Sensus Radio Upgrade Project $80,190.00 North Country Chevrolet New Streets Department Truck $44,956.04 IRS - EFTPS Federal & FICA Withholding Taxes for 7/5/24 Pay Date $71,956.23 IRS - EFTPS Federal & FICA Withholding Taxes for 7/19/24 Pay Date $73,902.81 IRS - EFTPS Federal & FICA Withholding Taxes for 8/2/24 Pay Date $72,439.56 MN PERA Employee & City Required Contributions for 7/19/24 Pay Date $71,841.21 MN PERA Employee & City Required Contributions for 8/2/24 Pay Date $73,552.37 US Bank Debt Service Payment $99,200.63 HealthPartners, Inc.August Health Insurance Premiums $141,913.00 $2,614,073.28 Description 6.1 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Adam R. Bell, City Manager DATE: August 13, 2024 SUBJECT: Regular Agenda: August 20, 2024 Council Meeting ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND For the past several years, the Crystal Police Department has had a Joint Powers Agreement with Pets Under Police Security (PUPS). Attached to this memo is an updated JPA as they have added an additional city to the agreement. CONSIDERATION We are asking for your approval of the PUPS JPA. As always, please let me know if you have any questions. Thanks. 6.2 1 FIRST AMENDED JOINT POWERS AGREEMENT for PETS UNDER POLICE SECURITY (“PUPS”) This JOINT POWERS AGREEMENT (“Agreement”) is made and entered into pursuant to Minn. Stat. § 471.59 by the cities of Maple Grove, Brooklyn Center, Brooklyn Park, Champlin, Crystal, New Hope, Plymouth, and Robbinsdale (“Members”) as of the Effective Date specified herein. WHEREAS, the Members acknowledge that in the course of operations of their respective municipal animal control efforts, they encounter animals that require safe, efficient, and economical impoundment; WHEREAS, the Members desire and intend to maintain an organization by which they may jointly and cooperatively provide for the impoundment of such animals in a jointly operated animal control impound facility (“PUPS Facility”); WHEREAS, the Members desire to provide for the joint use and shared financial responsibilities of operation of the PUPS Facility; WHEREAS, the PUPS Facility is located at 11350 89th Ave N, Maple Grove, MN 55369; BASED UPON AND IN CONSIDERATION OF THE FOREGOING, the Members agree as follows: 1. Term. This Agreement shall commence on July 1 1, 2024 (“Effective Date”) and expire on December 31, 2053 unless earlier terminated as specified herein. Upon expiration of the initial term, the Members may negotiate and may agree to extend this Agreement. 2. Membership a. Initial membership. By executing this Agreement, municipalities noted above are the initial Members of PUPS and are subject to the terms and conditions of this Agreement. b. Additional members. Any governmental unit may make application to become a member of PUPS. In order to apply, a governmental unit must contact the Board and inform the Board of the governmental unit’s intent to join. Applications will be considered in the sole discretion of the Board and according to terms and conditions set by the Board in accordance with this Agreement. The terms and conditions of additional membership shall be documented in an addendum to this Agreement. c. Withdrawal. Members may elect to withdraw from PUPS upon written notice to the Board no later than June 30 in any year specifying an effective date no earlier than January 1 of the subsequent year. All obligations of the withdrawing Member continue through the effective date of withdrawal. 6.2 2 3. Board a. Composition and voting. The governing body of PUPS shall be a Board of Directors (“Board”) consisting of one board member from each Member city. Each Member has one vote and proxy voting shall not be allowed. Maple Grove’s representative shall be the board chair. b. Meetings. Except as otherwise provided in this Agreement, the Board shall meet either virtually or in person as often as it is deemed necessary and keep minutes, in either electronic or written form, of the substance of each meeting. Minutes of the Board meetings shall be made available to Members for their review. c. Board authority. The Board by majority vote of its members must approve the annual operation budget and any significant budgetary impacts or changes, any capital improvements, and any new members. The Maple Grove City Administrator may overturn any decision by the Board resulting in additional building maintenance expenditures, modification of the PUPS Facility, or increased capital improvement needs. 4. Management and Use a. Animal Containment Coordinator. Maple Grove will appoint, employ, and supervise an Animal Containment Coordinator for the PUPS Facility. The Animal Containment Coordinator will be employed by Maple Grove, the costs of which, including wages, benefits, and other related expenses, shall be proportionally paid for by the Members. The Animal Containment Coordinator shall be empowered to act in the best interests of the PUPS Facility, including staff and animal safety and well-being. b. Operational Control. The Animal Containment Coordinator shall have day-to-day operational control of the PUPS Facility, including policies and procedures applicable to all animals in possession of the PUPS Facility, regardless of where the animal originated. The Animal Containment Coordinator, in consultation with the Board, shall act in the best interests of the PUPS Facility and is responsible for setting the hours of operation, public hours, incidental fees and charges to be reimbursed by Members, records management, animal care including care provided by third parties, and disposition subject to state law and the rights and obligations of the Members as specified herein. c. Use by non-Members. The Board will establish guidelines, policies, rates, and fees for any use of the PUPS Facility by non-Members. d. Maintenance. Maple Grove shall be responsible for all maintenance, repair, replacement, and upkeep of the PUPS Facility necessary to keep it in good repair and clean condition, the costs for which will be paid by the Members in proportion to their share set forth herein. If the Board determines that Maple Grove has failed to perform the maintenance or make any of the repairs or changes required by this Agreement, the Board shall notify Maple Grove in writing of the required maintenance, repairs, or changes. Maple Grove has 30 days after receipt of such notice to perform or make the required maintenance, repairs, or changes, after which time upon authorization by the Board any other Member may but are not obligated to perform or make the required 6.2 3 maintenance, repairs, or changes, the costs of which shall be shared among all Members in proportion to their share set forth herein. In such event, Maple Grove shall allow reasonable access to the PUPS Facility to any person authorized by the Board to perform maintenance, repairs, or changes. If Maple Grove fails to timely cure under this Article, it shall be liable for any damage to property or loss sustained by the other Members, except damage or loss caused by any other Members’ negligent or willful conduct. Maple Grove’s failure to timely cure under this Article shall not constitute a default of this Agreement unless such failure significantly impairs the other Members’ use of PUPS. 5. Operations a. Owner-Operator. Maple Grove shall be the owner, operator, and fiscal agent of PUPS, subject to the rights and obligations of the Members set forth in this agreement. Maple Grove shall control all PUPS operations including but not limited to staffing and billing. No Member shall take any action to install equipment or modify the PUPS Facility or the real property on which the PUPS Facility is located without express, written, advance approval from the Board. b. Operating Costs. Operating Costs include all expenses and costs incurred and normally required with respect to repair, replacement, maintenance, and operation of the PUPS Facility and equipment, improvements, sidewalk, driveways, and parking facilities. Operating costs shall include but are not limited to the following: i. Wages, salaries, benefits, and related expenses of all employees engaged in the operation, management, maintenance, and care of animals within the PUPS Facility, including, without limitation, the Animal Containment Coordinator; ii. All supplies and materials used in the operation and maintenance of the PUPS Facility; iii. Cost of utilities, including but not limited to water, sewer, heating, lighting, electricity, air conditioning, and ventilation for the PUPS Facility; iv. Maintenance and service agreements for PUPS and the maintenance, service, and replacement of the equipment in the PUPS Facility or parking facilities; v. Costs of all insurance for PUPS, including but not limited to premiums, deductibles, and the costs to purchase and maintain fire, property, casualty, and liability insurance; vi. Any and all common area maintenance costs related to public areas of the PUPS Facility, including but not limited to all bathrooms, sidewalks, landscaping, drives, and, service areas; vii. Capital expenditures including but not limited to the cost to maintain, repair, or replace all structural components of the PUPS Facility, fixtures, equipment, and site improvements. c. Operating Budget. Maple Grove shall provide Members and the Board a copy of the proposed budget of the estimated Revenue and Operating Costs for PUPS 6.2 4 (the "Operating Budget") by June 1 for the following calendar year. The Board shall approve the operating budget on or before August 31 of each year. d. Cost Sharing. Members shall share in all Operating Costs for PUPS. The Board must adopt an annual Operating Budget by June 1 of each year and provide each Member a reasonable opportunity to comment on the proposed budget before adoption. Notification of the adopted budget must be provided promptly to the chief administrative officer of each member. Cost sharing shall be determined based on the actual number of impounded animals per Member or according to other methodology adopted by a 2/3 majority of the Board. Each Member shall pay Maple Grove the Member’s share of Operating Costs in two equal installments due on May 31 and August 31. The final operations bill back will be due on February 28 of the following year. Maple Grove shall submit an invoice to the Members approximately 30 days in advance to assure timely payment. If a Member ceases to be a Member at any time other than the end of a calendar year, the exiting Member’s portion of Operating Costs shall be reallocated to the remaining Members according to their Percentage Share. e. Unanticipated Expenses. An “unanticipated expense” is an expenditure that is not included in an approved Operating Budget but is necessary for the continued operation of PUPS. Maple Grove shall have discretion in consultation with the Board to approve and incur any unanticipated expense. f. Reconciliation and Reserve Account. On or before June 30 of each year, Maple Grove shall provide the other Members documentation of the net surplus or deficit of Operating Costs in relation to payments made in the preceding year. Any such surplus or deficit in payments shall be treated as follows: i. If there is an actual deficit, each Member will be responsible for its Percentage Share of the deficit. ii. If there is an actual surplus, the amount overpaid by the Members shall be deposited into a PUPS account to be maintained by Maple Grove (the "PUPS Capital") and used by Maple Grove for PUPS-related expenses. If Maple Grove cancels this Agreement as provided in Paragraph 12, any funds remaining in the PUPS Account at the time of such cancellation or termination shall be distributed to all Members in accordance with their Percentage Share determined at that time. Upon any other termination or cancellation of this Agreement, Maple Grove shall retain all funds in the PUPS Account. g. Capital Contribution. All Members shall by June 30 of each year make a collective annual capital investment in the PUPS Facility of $25,000, or in a different amount as may be determined by the Board, divided among membership according to the following percentage formula: the total annual number of animal-impounds attributable to the Member divided by the total annual number of all PUPS animal impounds in the prior year. Partial year capital contributions will be prorated. e.g., PUPS impounds 900 animals in a given year, including 100 animals from Maple Grove. Maple Grove is responsible for 11.1% of the total 6.2 5 impounds. Maple Grove’s capital contribution for that year would be $2,775 (11.1% of $25,000). h. Inspection. Maple Grove agrees that Members, at their own expense and through their duly authorized representatives, at any time during normal business hours and as often as reasonably necessary, shall have the right to examine, audit, excerpt, and transcribe any books and records which are pertinent to or involve transactions relating to this Agreement, including verification of amounts and types of expenses which appear on the Operating Budget or statements of actual Operating Costs. 6. Compliance with Rules and Regulations. The Members agree to comply with all applicable federal, state, municipal, and local laws, ordinances, and regulations while occupying PUPS. The Members shall comply with Maple Grove’s reasonable rules for the safety, care, cleanliness, and preservation of good order of PUPS, provided that the rules are submitted to them in writing and do not conflict with the terms of this Agreement. 7. Insurance. Maple Grove will, at all times during the Term and any renewal period of this Agreement, either self-insure or have and keep in force a single limit or excess umbrella commercial general liability insurance policy of an amount not less than $500,000 per claimant for death, bodily injury, personal injury, property loss and/or damages and $1,500,000 for total personal injury, bodily injury, property loss and/or damages arising from any one occurrence or greater limits which may be subsequently allowed under Minn. Stat. §§ 466.02 and 466.04, as amended. Maple Grove will furnish Members with Certificates of Insurance documenting the insurance coverage required by this Agreement upon request. All Certificates shall provide that the insurance company shall give 10 days’ written notice to the Members of cancellation, non-renewal, or any material change in the policy. 8. Liability. a. Cooperative Activity. Pursuant to Minn. Stat.§ 471.59, subd. la(a), as amended, this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Members that they shall be deemed a “single governmental unit” for the purposes of liability; provided, however, that each Member expressly declines responsibility for the acts or omissions of the other Member. Nothing in this Agreement shall be construed to waive or limit any immunity from, or limitation on, the liability of either Member as provided by law. b. Third Party. To the extent that tort damages or other related costs or fees become payable to a third party as a result of this Agreement or the activities carried out pursuant to this Agreement, the Members shall each pay an amount equal to their respective percentage of liability. Notwithstanding the foregoing, this Agreement is solely for the benefit of the Members, it being the express intent of the Members that no other entity or person shall have any right, claim, or interest in this Agreement. c. Employee Liability Limitation. No Member shall be responsible or liable for injuries or death of the other Members' employees or officers. Each Member will 6.2 6 maintain worker’s compensation coverage to the extent required by law on its employees and officers who perform work or use the PUPS Facility pursuant to this Agreement. d. No Immunity Waiver. Nothing in this Agreement is intended or should be construed in any manner as a waiver of any Member’s immunities or of the tort limits contained in Minnesota Statutes chapter 466. 9. Indemnification. Subject to the limitations, immunities, and defenses in Minnesota Statute chapter 466, each Member shall defend, indemnify, and hold harmless the other Members and their officers and employees from and against any and all liability, loss, damages, costs, and expenses which it or its employees or agents may hereafter sustain, incur, or be required to pay arising out of or resulting from the performance of this Agreement, provided that any such claim, damage, loss, or expense is (1) attributable to personal or bodily injury, sickness, disease, or death or to injury to or destruction of tangible property including the loss of use therefrom; and (2) caused by any negligent acts or omissions of the indemnifying Member or its employees, agents, or any other person or entity for whose actions it may be liable. 10. Dispute Resolution; Applicable Law; Venue. In the event some or all of the Members are unable to reach agreement regarding interpretation of their rights and obligations under this Agreement, the disagreeing Members shall participate in mediation pursuant to the Minnesota Civil Mediation Act, as amended (currently codified at Minn. Stat.§ 572.31 et seq.) prior to initiating any other form of dispute resolution, including legal action. This Agreement is created under and shall be read and construed according to Minnesota law. Any legal action between the Members related to this Agreement shall be venued in a court of competent jurisdiction in Hennepin County, Minnesota. 11. Default. If any payment by a Member required by this Agreement remains unpaid for 30 days after written notice or a Member fails to comply with any of the terms and conditions of this Agreement and such failure continues for 30 days after written notice, such Member shall be deemed in default. Upon the occurrence of such default, Maple Grove may in its discretion in consultation with the Board terminate the defaulting Member’s membership in this Agreement and recover damages from the defaulting Member including but not limited to all unpaid amounts due and owing under this Agreement plus any sum of money as may be determined fair and equitable by a court having jurisdiction over this matter, plus interest at the maximum rate allowed by law. 12. Termination By Maple Grove. Maple Grove may, in its sole discretion, elect to terminate this Agreement upon written notice to the Members. Such notice shall provide for no less than one full budget year (January 1 – December 31) prior to its effective date of termination e.g., if notice under this provision were provided on March 1, 2026, the effective date of termination could be no earlier than January 1, 2028. 13. Miscellaneous Provisions a. Waiver. Failure by any Member to insist, in any one or more instances, upon strict performance of any term, covenant, or condition of this Agreement or to exercise any option contained in this Agreement shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition, or option, but the same shall continue and remain in full force and effect. The 6.2 7 Members shall not be deemed to have waived any provision of this Agreement until expressed in a signed writing. b. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. c. No Assignment. This Agreement may not be assigned except by the advance, express written consent of all other Members. d. Entire Agreement; Modification. This Agreement shall constitute the entire agreement among the Members as to the subject matter and any understandings or representations of any kind preceding the execution of this Agreement shall not be binding upon the Members. This Agreement may not be amended or modified except by a written instrument executed by all Members. e. Authority. Each Member represents and warrants that it has the power and authority to enter into this Agreement. Each Member further represents and warrants that the person or persons executing this Agreement on its behalf have full and complete legal authority to do so, and thereby bind the Member and, to the extent permitted by this Agreement, its successors and assigns. f. Notices. Any notice or demand, which may or must be given or made by any Member under the terms of this Agreement or any statute or ordinance shall be in writing and be sent registered or certified mail to the other Members addressed as follows: To: Maple Grove City Clerk City of Maple Grove 12800 Arbor Lakes Parkway Maple Grove, MN 55369 To: Brooklyn Park Police Chief City of Brooklyn Park 5400 85th Ave. N Brooklyn Park, MN 55443 To: Brooklyn Center Police Chief City of Brooklyn Center 6645 Humboldt Ave Brooklyn Center, MN 55430 To: Champlin Police Chief City of Champlin 11955 Champlin Drive Champlin, MN 55316 6.2 8 To: Crystal Police Chief City of Crystal 4141 Douglas Drive N Crystal, MN 55427 To: New Hope Police Chief City of New Hope 4401 Xylon Ave N New Hope, MN 55428 To: Plymouth City Clerk City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1448 To: Police Chief City of Robbinsdale 4101 Hubbard Ave N Robbinsdale, MN 55442 Each Member may designate a different addressee or form of accepting notice at any time by giving written notice to the other Members as provided in this paragraph. Notice delivered by hand shall be deemed received upon delivery. g. Acknowledgement. Each of the Members affirms and acknowledges that it has fully read, appreciates, and understands the words, terms, conditions, and provisions of this Agreement and is fully satisfied with the same. Each Member affirms and acknowledges that it has been, or had the opportunity to be, represented by legal counsel of its choice. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below: [Signature Pages to Follow] 6.2 9 CITY OF MAPLE GROVE _________________________________ By: Mark Steffenson Its: Mayor Dated: ______________, 2024 ______________________________ By: Heidi Nelson Its: City Administrator Dated: _____________, 2024 6.2 10 CITY OF BROOKLYN CENTER _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Manager Dated: _____________, 2024 6.2 11 CITY OF BROOKLYN PARK _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Manager Dated: _____________, 2024 6.2 12 CITY OF CHAMPLIN _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Administrator Dated: _____________, 2024 6.2 13 CITY OF CRYSTAL _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Manager Dated: _____________, 2024 6.2 14 CITY OF NEW HOPE _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Manager Dated: _____________, 2024 6.2 15 CITY OF PLYMOUTH _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Manager Dated: _____________, 2024 6.2 16 CITY OF ROBBINSDALE _________________________________ By: Its: Mayor Dated: ______________, 2024 _________________________________ By: Its: City Manager Dated: _____________, 2024 6.2 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 1 OF 10 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Adam R. Bell, City Manager (for August 20 Meeting) DATE: August 14, 2024 RE: Consider approval of first reading of an ordinance rezoning the property at 6203 and 6213 – 36th Avenue N. to Planned Development for proposed twin homes A.INTRODUCTION Creek Edge Townhomes LLC is proposing to consolidate the two properties they own at 6203 and 6213 – 36th Avenue N. into one lot (see City Council agenda item 6.4) and then rezone the property for the construction of four new twin homes. The property is currently zoned Low Density Residential (R-1), and the applicant is proposing to rezone the property to Planned Development (R2-PD). Notice of the August 12 public hearing was published in the Sun Post on August 1, mailed to the same property owners, renters and commercial tenants who received the neighborhood notice (see attachment A), and posted to all Crystal neighborhoods on Nextdoor. A sign was also posted on the property. At the August 12th Planning Commission public hearing, the Commission unanimously recommended approval of the rezoning application. No one from the public spoke at the hearing. Staff Report Attachments: A.Site location and neighborhood notice mailing map B.Existing zoning map C.2040 Comprehensive Plan planned land use map D.Photos E.Applicant’s project narrative F.Ordinance G.Site plan (44 sheets) COUNCIL STAFF REPORT Proposed Twin homes 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 2 OF 10 2024 Aerial Photo: 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 3 OF 10 Staff Report Organization Section Page Number(s) Information Provided B (Background) Pages 3 - 5 • Neighborhood open house • Existing use • Surrounding land uses • Proposed use • Conformance to Comprehensive Plan C (Site Plan Elements) Pages 5 - 7 • Lot requirements and building setbacks • Site plan elements D (Rezoning to R2-PD) Pages 8 - 9 • PD district development standards • Requested flexibility in site design E (Requested Action) Pages 9 - 10 • Requested Planning Commission action • Approval conditions B. BACKGROUND Neighborhood Open House The applicant held a neighborhood open house on July 1, 2024, which was attended by five area residents, three Planning Commission members, two City Council members and the city planner. The purpose of the open house was to provide information on the proposed development to nearby property owners. Attendees asked questions about the site plan layout and twin home features, landscaping, and timing of construction. Existing Use The site contains a vacant single-family home constructed in 1923, as well as a detached garage and storage building. All would be demolished. Surrounding Land Uses The following are the existing zoning districts and land uses surrounding the site: • North. Across 36th Ave. N, liquor store zoned Commercial and single and two- family homes zoned Low Density Residential (R-1). • East. Single-family homes zoned R-1. • West. Strip retail shopping center zoned Commercial. • South. Eight-unit townhome building zoned Medium Density Residential (R-2). Proposed Use The applicant is proposing to construct four twin homes (eight total units) accessed by a private driveway off of 36th Avenue N. A detached storage building would also be constructed on the south end of the property. The applicant has submitted a lot 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 4 OF 10 consolidation application that will combine the two lots into one parcel. According to the Unified Development Code (UDC), a lot consolidation application is approved by the City Council without the need for a public hearing. The table below provides a description of notable twin home elements. Project Element Twin Home description Owned or rented The applicant has indicated that the twin homes will be rented, but in the future a Common Interest Community (CIC) plat application may be submitted so that each unit may be sold to an owner occupant. Building height 2 story (27 feet to the roof peak) Size of each unit Approximately 739 SF per unit on the main floor and 1,152 SF on the upper floor (total of 1,900 SF per unit) No. bedrooms & bathrooms 3 BR and 2½ BA per unit Attached garage size Approximately 400 SF Basements No basements (slab on grade) Patios Each unit will have a rear patio The property will be addressed as 6203 – 36th Avenue N, and be assigned one property identification number (PID) by Hennepin County. Since the twin homes will be accessed by a private driveway rather than a public street, each unit will have a 36th Ave. address. The units will be addressed as follows from north to south: • 6205/6207 • 6209/6211 • 6213/6215 • 6217/6219 The storage building will be addressed as 6221 – 36th Ave. N. Conformance to Comprehensive Plan According to the city’s 2040 Comprehensive Plan, the site is designated as medium density residential (MDR), which allows for a gross density range of 6 -16 units per acre. The site was first designated as MDR in the 2020 Comprehensive Plan adopted by the city council in 2000. “Gross” includes in the density calculation the street right-of-way measured out to the centerline of the street. In the case of 6203 and 6213 – 36th Ave. N., gross density is calculated as follows: 76,853 sq. ft. Size of both lots as shown on the property survey dated November 15, 2023. +6,544 sq. ft. 36th Avenue N. right-of-way to the centerline -19,904 sq.ft. As recommended by Met Council, s ubtract the floodplain area from the calculation as it is not developable land 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 5 OF 10 = 63,493 sq. ft. Total area included in the density calculation = 7,936 sq. ft. Gross area per unit (48,611 / 8 units) There are 43,560 sq. ft. in one acre 43,560 / 7,936 = 5.5 units per gross acre which meets the minimum density of 6 units per acre when the calculation is rounded up to the nearest whole number. The Comprehensive Plan also designates the properties as a redevelopment area called “Area D”. This area extends along Douglas Drive from 27th to 36th Avenues. The plan does not identify any specific redevelopment standards for Area D. C. SITE PLAN ELEMENTS The following are the notable site plan elements for the proposed twin home development: Lot Requirements and Building Setbacks. The R2-PD zoning designation allows flexibility with site development standards such as building setbacks. The following are the requirements for a two-family dwelling under the current R-1 zoning and the proposed requirements under the R2-PD zoning classification. Requirements under R-1 district for two- family dwellings on separate lots Proposed requirements for R2- PD district Lot area: 10,000 sq. ft per lot (5,000 sq. ft. . per unit) The consolidated lot will be 76,853 sq. ft. in size (9,607 sq. ft. per unit) Lot depth: 100 feet The consolidated lot will be approximately 380 feet deep Lot width: 80 feet The consolidated lot will be approximately 202 feet wide One building per lot Multiple buildings per lot Setbacks: Setbacks: East: 5 feet East: 22 feet South: 30 feet South: 41 feet North (along 36th Ave N): 30 feet North (along 36th Ave. N): 20 feet West: 5 feet West: 147 feet The proposed twin homes are not located in drainage or utility easements. Site Plan Elements • Parking. Each twin home will have a 2-car garage attached to the front of the unit that will be accessed by a single shared private driveway off of 36th Avenue N. In addition the site plan provides for six surface parking spaces on the west side of the access driveway that will provide for overflow or visitor parking. These parking spaces meet UDC requirements. 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 6 OF 10 • Stormwater management and erosion control measures. The applicant has provided a stormwater management plan , which provides for two stormwater drainage ponds in the west part of the property. The grading and erosion control plans are subject to review and approval by the Bassett Creek Watershed Management Commission. This review and approval has been made a condition of approval of the rezoning to R2-PD. The percentage of impervious surface will be 33%. This complies with the maximum coverage of 75% in the underlying R-2 zoning district, and represents an increase from the 9% impervious coverage of the previous single-family home use. During building construction the city will require erosion control techniques to be used on -site including silt fences, inlet protection, and rock construction entrances. • Wetlands and Floodplain. There are no wetlands on the property. The majority of the west lot at 6213 – 36th Ave N. contains a floodplain. The proposed development meets the floodplain requirements of the UDC, and w ill also be reviewed by the Bassett Creek Watershed Management Commission for conformance to their requirements. • Utilities. The proposed twin homes will connect with existing and proposed water and sanitary sewer mains. Each twin home unit will have a separate water meter with its own curb stop and shut off valve. The existing overhead utilities on the east side will be located in drainage and utility easements that are dedicated with the new lot consolidation plat (there are currently no easements on th e property). If those lines are relocated or extended, then the lines and extensio ns must be buried underground. New private utility services to the proposed building, such as Xcel Energy, Lumen, and Comcast, will be buried underground. • Access and circulation. The city’s Public Works department and the West Metro Fire Rescue District staff have reviewed this traffic circulation plan and found it adequate to meet vehicle movement into and within the site, including fire trucks. Each twin home unit, as well as the storage building, will have an interior fire sprinkler system. The driveway for the twin homes will be located 170 feet from the Douglas Drive intersection which far exceeds the city code minimum of 30 feet. The Minnesota Department of Transp ortation (MnDOT) has taken recent daily traffic counts for the Douglas Drive/36 th Ave. N. intersection. The following counts are estimated as average daily traffic (ADT), which is the total number of vehicles on a road segment on any given day. The maximum design capacity for each road is also provided below. ▪ 36th Ave N. (east of Douglas): 13,153 ADT in 2023. The maximum design capacity for this four-lane road is 20,000 vehicles per day. ▪ 36th Ave N. (west of Douglas): 10,738 ADT in 2023. The maximum design capacity for this three-lane road is 15,000 vehicles per day. 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 7 OF 10 ▪ Douglas Dr (south of 36th): 6,224 ADT in 2022. The maximum design capacity for this three-lane road is 15,000 vehicles per day. ▪ Douglas Dr (north of 36th): 5,415 ADT in 2022. The maximum design capacity for this three-lane road is 15,000 vehicles per day. It is anticipated that these twin homes will produce a total of approximately 80 trips per day onto 36th Avenue N. The existing roads have adequate capacity to handle this additional traffic load. • Building elevations. The proposed major exterior building material is wood siding, with manufactured stone as an accent material. These materials meet the city’s requirements. • Storage building. In addition to constructing the twin homes, the applicant is proposing to add a 28’ x 40’ (1,120 sq. ft.) storage building on the south end of the property. According to the applicant’s project narrative, the building will be used to store items relating to the maintenance of the property and upkeep of these rental twin homes. A condition of approval of the rezoning is that this storage building be used only for items relating to the maintenance and upkeep of this property and not used for other purposes, such as storage for off -site entities or persons. • Landscaping. The applicant completed a tree inventory (attachment G) on November 15, 2023 identifying 93 trees on the property. Of these, 75 trees are to be removed with 18 trees remaining. The UDC allows trees to be removed without replacing these trees, including if the tree is less than 12” in size, is not on the city’s approved tree species list, or if the tree is an obstacle to development. The site plan calls for 12 new trees to be planted: “Swamp White Oak”, “Red Pine” and Silver Linden”. • Screening. Screening of mechanical equipment meets the requirements of the UDC. Since each twin home unit will have their own trash and recycling containers, a central dumpster enclosure will not be needed. • Exterior Lighting. The exterior lighting plan shows nine wall units and one light pole adjacent to the visitor parking spaces. This lighting meets the city’s requirements. • Pedestrian connections. There is an existing sidewalk along the south side of 36th Avenue N. that allows for pedestrian connections to the proposed twin homes. • Signs. The applicant is not proposing any signage for the property . However the city will require as a condition of the rezoning that an address sign be installed near the access driveway entrance on 36th Avenue N. 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 8 OF 10 D. REZONING TO PLANNED DEVELOPMENT (R2-PD) The applicant is requesting that the consolidated properties be rezoned to Planned Development (R2 - PD), which allows flexibility in zoning requirements in planning for a development to have an efficient and effective use of land, open space and public facilities. The underlying zoning for the property would be Medium Density Residential (R-2). PD district development standards. There are two relevant development standards related to this proposed R2-PD rezoning: 1. Minimum site area. The minimum site area for a PD is 2 acres. The proposed development is 1.76 acres in size, subtracting the size of the floodplain area which reduces the developable area to 1.3 acres. However the UDC provides an exception to this requirement if at least one of three criteria are met. The two relevant criteria that are met by this development are as follows: Criteria: Unusual physical features of the property itself or of the surrounding neighborhood such that the development of a PD will conserve a physical or topographic feature of importance to the neighborhood or community. Staff response: As described in section C of this staff report, the western area of the property is located within a floodplain which will be preserved with this development. Criteria: The property is located in a transitional area between different land use categories or it is located on an arterial street as defined in the Comprehensive Plan. Staff response: As described in section B of this staff report, the property is located in Area D, which is a redevelopment area comprised of a mixture of land uses. 2. Recreational Use. A residential PD must provide a minimum of ten percent of the gross project area in private recreational uses fo r project residents, but the UDC provides for this requirement to be waived if the following criteria is met: Criteria: The city council finds that adequate recreational opportunities are available sufficiently near the PD to make this requirement duplic ative, or the PD is too small for this requirement to be feasible. Staff response: The property is too small for this requirement to be feasible , but will have an open space natural area on the west side of the property. The property is also within a half-mile of Bassett Creek, Fair School and Crystal Highlands Parks. Requested flexibility in site design. As part of the PD rezoning, the applicant is requesting flexibility with the following site design requirements. Staff is supportive of 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 9 OF 10 these requests which provide a means to efficiently and effectively utilize a smaller property without negatively impacting adjacent uses. Number of Buildings and Building setbacks. The applicant is only requesting flexibility to allow more than one principal building on the site and for the north side setback of 30 feet along 36th Avenue North. All other zoning requirements are met. Requirements under R-1 district Proposed requirements for R2- PD district One building per lot Multiple buildings per lot Setbacks: Setbacks: North (along 36th Ave N): 30 feet 20 feet E. REQUESTED ACTION At the August 12, 2024 Planning Commission meeting, the Commission recommended by a vote of 6 to 0 (three members were absent) that the City Council approve the rezoning of 6203 and 6213 -36th Avenue N. to Planned Development (R2-PD) to construct four twin homes, with the following conditions of approval: 1. Site Plan. The development shall be constructed according to the site plan in attachment G. 2. Building permit. Before the permit is issued, the applicant shall: 1) Receive approval of the erosion and grading plans by the Bassett Creek Watershed Management Commission. 2) Sign a site improvement agreement with the city and provide an escrow to guarantee installation of the main driveway and visitor parking spaces, stormwater ponds, and landscaping plan. 3) Provide a maintenance plan for city approval for the stormwater ponds and treatment devices which will be recorded against the property. 4) Receive approval by the City Council of the lot consolidation application and then provide documentation that the plat ha s been recorded at Hennepin County. 3. Storage building. The storage building shall only be used to store items necessary for the maintenance and upkeep of the twin home property. No other entities or persons living off the property may use the building. 4. Address sign. Before the certificate of occupancy is issued for the final twin home unit, applicant shall install an address sign perpendicular to 36th Avenue N. (so as to be visible from both directions) near the main driveway entrance/exit. The sign shall provide the address number for each twin home unit and the name of the development. 6.3 6203 AND 6213 – 36TH AVENUE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION PAGE 10 OF 10 5. Overhead utilities. If utility lines are installed, relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. 6. Special provisions related to Medium Density Residential - Planned Development (R2-PD) rezoning. The rezoning to R2-PD implements the following special provisions in place of the standard R-1 zoning requirements: a. More than one principal building is allowed on the lot. b. For the northern most twin home building (Unit 1A), the minimum building setback is reduced as follows: • North: 20 feet, instead of 30 feet. 7. Binding Effect. The conditions placed on this preliminary approval are binding on the applicant, its successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the applicant under this approval shall also be the obligations of the current and any subsequent owners of the property. 8. Acceptance of Conditions. Utilization of the property for any of the uses allowed by this preliminary approval shall automatically be deemed acceptance of, and agreement to, the terms and conditions without qualification, reservation, or exception. The applicant anticipates starting construction of the buildings in Fall, 2024, with completion by Summer, 2025. City Council approval of the first reading of the ordinance rezoning the property to R2-PD is requested. If the Council approves first reading, then second reading of the rezoning ordinance would be considered on September 3, 2024. 6.3 Site Location and Neighborhood Open House Notice Mailing Map 6203 & 6213 – 36th Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A 6.3 Zoning Map 6203 & 6213 – 36th Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 6.3 2040 Comprehensive Plan Map 6203 & 6213 – 36th Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment C 6.3 Existing Driveway Access off of 36th Avenue N. Attachment D 6.3 View from South 6.3 View from Northwest 6.3 PROJECT PROPOSAL: Crystal Planning Commission and City Council PROJECT NAME: Creeks Edge PROPERTY ADDRESS: 6203/6213 36th Ave N Crystal, MN 554422 APPLICANT: Creek Edge Townhomes LLC 9705 29th Ave North Plymouth MN 55441 DESCRIPTION OF PROPOSED DEVELOPMENT: We are proposing to develop an 8-unit townhome development. The units will have 3 bedrooms and 2.5 bathrooms. Every unit will have its own 2 car garage with additional parking provided. Each unit will have a rear patio. There will also be on-site maintenance facility that will store the plow truck, other snow removal equipment, landscaping equipment, and other repair items for townhomes such as (carpet, flooring, toilets, etc) We will install fire sprinkler systems in all twin homes and the storage garage. We may also submit a request for approval in the future for a Common Interest Community (CIC) plat to sell each unit separately. PROJECT: Total Land Size: Building Size Each: Occupancy: 1.92 Acres-Approx. 1900 Sq. Ft. Approx. Townhomes 3bed 2.5bath The building will combine stone, LP Smartside siding materials, gable roof details and architectural shingles. Rezoning from R-1 to Planned Development Final Plat CONCLUSION: By approving this project, the city is gaining an attractive, tax paying properties to the community in an otherwise idle property. We look forward to continuing to work with the City staff, Planning Commission and City Council during the review and approval process for this application. Please contact me with any questions you have on any item as I would be more than happy to discuss it in further detail. Aaron Baruch Creek Edge Townhomes LLC Attachment E 6.3 ORDINANCE NO. 2024 - _____ CITY OF CRYSTAL AN ORDINANCE AMENDING THE ZONING MAP TO REZONE PROPERTY FOR CREEK EDGE TOWNHOMES LLC LOCATED AT 6203 AND 6213 36TH AVENUE NORTH FROM LOW DENSITY RESIDENTIAL (R-1) TO PLANNED DEVELOPMENT (R2-PD) THE CITY OF CRYSTAL ORDAINS: Section 1. Legislative Findings. The City Council of the City of Crystal hereby finds and determines as follows: (a)Creek Edge Townhomes LLC (“Applicant”) has requested to rezone property it owns at 6203 and 6213 – 36th Avenue North (“Property”) to the planned development overlay district as provided in Crystal city code, subsection 515.13; and (b)The request would rezone the Property from Low Density Residential (R-1) to Planned Development (R2-PD); and (c)The rezoning request is to allow the Applicant to construct four twin homes, which involves the consolidation of two platted lots into one lot and approval of a site plan; and (d)The Planning Commission held a public hearing on the rezoning request on August 12, 2024 and voted to forward the requested rezoning to the City Council with a recommendation that it be approved with certain conditions; and (e)The City Council determines the proposed rezoning of the Property complies with the approval criteria in Crystal city code, subsection 510.31 and 515.13 and other applicable provisions. (f)The City Council determines that the criteria of Crystal city code section 515.13, subdivision 3(a) are met by the following: 1.The property includes a floodplain that will be preserved with this development; and 2.The property is located in a transitional area between different use categories. Section 2. Rezoning. Subject to the conditions in Section 3 of this ordinance, the Zoning Map of Crystal, Minnesota is hereby amended as follows: Attachment F 6.3 The zoning classification of the following legally described property addressed as 6203 and 6213 – 36th Avenue North, currently classified as Low Density Residential (R-1), shall henceforth be classified as Planned Development (R2-PD), which is proposed to be replatted as: Lot 1, Block 1, Creek Edge Baruch Addition, Hennepin County, Minnesota. Section 3. Conditions. The rezoning approved herein is conditioned on compliance with the following: 1.Site Plan. The development shall be constructed according to the site plan in attachment G. 2.Building permit. Before the permit is issued, the applicant shall: 1)Receive approval of the erosion and grading plans by the Bassett Creek Watershed Management Commission. 2)Sign a site improvement agreement with the city and provide an escrow to guarantee installation of the main driveway and visitor parking spaces, stormwater ponds, and landscaping plan. 3)Provide a maintenance plan for city approval for the stormwater ponds and treatment devices which will be recorded against the property. 4)Receive approval by the City Council of the lot consolidation application and then provide documentation that the plat has been recorded at Hennepin County. 3.Storage building. The storage building shall only be used to store items necessary for the maintenance and upkeep of the twin home property. No other entities or persons living off the property may use the building. 4.Address sign. Before the certificate of occupancy is issued for the final twin home unit, applicant shall install an address sign perpendicular to 36th Avenue N. (so as to be visible from both directions) near the main driveway entrance/exit. The sign shall provide the address number for each twin home unit and the name of the development. 5.Overhead utilities. If utility lines are installed, relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. 6.Special provisions related to Medium Density Residential - Planned Development (R2-PD) rezoning. The rezoning to R2-PD implements the following special provisions in place of the standard R-1 zoning requirements: 6.3 a.More than one principal building is allowed on the lot. b.For the northern most twin home building (Unit 1A), the minimum building setback is reduced as follows: •North: 20 feet, instead of 30 feet. Section 4. Zoning Map Amendment. The zoning administrator is authorized and directed to amend the Zoning Map in accordance with this ordinance and to take any such other actions as may be required to effectuate this rezoning. Section 5. Effective Date. 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St. Louis Park, MN 55426 TEL (612) 221-5772 FAX (952) 920-3722 email: stevesdrafting@gmail.com 6.3 3100 Rhode Island Ave. S. St. Louis Park, MN 55426 TEL (612) 221-5772 FAX (952) 920-3722 email: stevesdrafting@gmail.com 6.3 3100 Rhode Island Ave. S. St. Louis Park, MN 55426 TEL (612) 221-5772 FAX (952) 920-3722 email: stevesdrafting@gmail.com 6.3 3100 Rhode Island Ave. S. St. Louis Park, MN 55426 TEL (612) 221-5772 FAX (952) 920-3722 email: stevesdrafting@gmail.com 6.3 # Date CommentsChecked By:Scale:Revisions Page M of 1Date:6/18/2024Aaron BaruchTownhomesDrawn By: Daniel BudkeLuminaire ScheduleSymbolQtyLabelArrangementDescriptionLLFCalculation SummaryLuminaireLumensLuminaireWattsTotal WattsLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinGround_PlanarIlluminanceFc2.7733.00.0N.A.N.A.9WPSingleSLIM17FAFC60_4K at 0_ CCTSetting0.910703558.39525.511AASingleA17-3T150N0.91021180148.74148.74MH: 9 WP MH: 9 WP MH: 9 WP MH: 9 WP WP MH: 9 MH: 9 WP MH: 9 WP WP MH: 9 MH: 9 WP MH: 28 AA 0 .0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.3 0.4 0.4 0.5 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.4 0.6 0.8 1.0 1.1 1.0 0.8 0.6 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.1 0.2 0.3 0.4 0.5 0.8 1.1 1.7 2.2 0.1 2.2 1.6 1.1 0.7 0.5 0.4 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.4 0.6 0.8 1.2 1.8 2.9 4.2 0.1 4.0 2.7 1.7 1.1 0.7 0.5 0.4 0.3 0.2 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.5 0.6 0.8 1.1 1.5 2.4 3.8 5.8 6.7 5.4 3.6 2.2 1.5 1.0 0.8 0.6 0.4 0.3 0.2 0.2 0.2 0.7 1.0 1.5 1.6 1.9 1.9 2.2 2.4 2.9 3.9 4.9 6.5 6.9 6.1 4.9 3.5 3.0 2.4 2.5 2.1 1.9 1.2 0.8 0.5 0.1 0.7 3.2 8.3 8.3 8.5 4.4 5.3 9.8 10.1 9.2 6.0 9.3 12.1 11.8 8.9 5.5 8.5 8.4 9.2 7.2 7.5 6.6 2.1 0.5 0.1 0.3 4.3 31.2 15.5 30.5 4.4 7.7 33.0 21.8 22.6 4.2 16.0 27.7 26.0 17.6 4.2 24.8 17.3 27.9 13.5 18.0 20.3 1.7 0.2 0.0 0.0 0.8 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 .25 fc 1 fc 0.5 fc 6.3 # Date CommentsChecked By:Scale:Revisions Page M of 1Date:6/18/2024Aaron BaruchTownhomesDrawn By: Daniel BudkeLuminaire ScheduleSymbolQtyLabelArrangementDescriptionLLFCalculation SummaryLuminaireLumensLuminaireWattsTotal WattsLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinGround_PlanarIlluminanceFc2.7733.00.0N.A.N.A.9WPSingleSLIM17FAFC60_4K at 0_ CCTSetting0.910703558.39525.511AASingleA17-3T150N0.91021180148.74148.746.3 SLIM17FAFC60 Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2024 RAB Lighting All Rights Reserved Note: Specifications are subject to change at any time without notice Page 1 of 2 Color: Bronze Weight: 7.1 lbs Project:Type: Prepared By:Date: Driver Info Type Constant Current 120V 0.50A 208V 0.40A 240V 0.30A 277V 0.25A Input Watts 57.9/58.4/57.2W LED Info Watts 60W Color Temp 3000K/4000K/5000K Color Accuracy 80 CRI L70 Lifespan 100,000 Hours Lumens 7035/8190/7251 lm Efficacy 121.6/140.3/126.7 lm/W Technical Specifications Field Adjustability Field Adjustable: Color temperature selectable by 3000K, 4000K and 5000K Compliance UL Listed: Suitable for wet locations IESNA LM-79 & LM-80 Testing: RAB LED luminaires and LED components have been tested by an independent laboratory in accordance with IESNA LM-79 and LM-80. IP Rating: Ingress protection rating of IP65 for dust and water DLC Listed: This product is listed by Design Lights Consortium (DLC) as an ultra-efficient premium product that qualifies for the highest tier of rebates from DLC Member Utilities. Designed to meet DLC 5.1 requirements. DLC Product Code: PLMK5TZVA46N Performance Lifespan: 100,000-Hour LED lifespan based on IES LM-80 results and TM-21 calculations Wattage Equivalency: Equvalent to 350W Metal Halide LED Characteristics LEDs: Long-life, high-efficiency, surface-mount LEDs Electrical Driver: Constant Current, Class 2, 120-277V, 50/60 Hz, 120V: 0.50A, 208V: 0.40A, 240V: 0.30A, 277V: 0.25A Dimming Driver: Driver includes dimming control wiring for 0-10V dimming systems. Requires separate 0-10V DC dimming circuit. Dims down to 10%. Photocell: 120-277V selectable photocell that can be turned on and off. Surge Protection: L-N:4KV,L/N-GND:4KV Construction Cold Weather Starting: The minimum starting temperature is -40°C (-40°F) Ambient Temperature : Max Power Temp Rating: 50°C (122°F) Middle Power Temp Rating: 50°C (122°F)) Low Power Temp Rating: 50°C (122°F) Housing: Precision die-cast aluminum housing and door frame Lens: Polycarbonate lens Mounting: Hinged wiring access and conduit entries on the back, sides, top and bottom make installation a snap Cut Off: Full cutoff (0°) Finish: Formulated for high durability and long-lasting color Green Technology: Mercury and UV free. RoHS-compliant components. Other Note: All values are typical (tolerance +/- 10%) Manufacturer :RAB Model Number :SLIM17FAFC60 Type : WP Index Prepared By: Viking Electric - Minneapolis Gwen Olson | gwen.olson@vikingelectric.com 2 6.3 A17-3T150 Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2024 RAB Lighting All Rights Reserved Note: Specifications are subject to change at any time without notice Page 1 of 3 Color: Bronze Weight: 8.8 lbs Project:Type: Prepared By:Date: Driver Info Type Constant Current 120V 1.21A/0.97A/0.81A 208V 0.70A/0.56A/0.47A 240V 0.63A/0.51A/0.42A 277V 0.53A/0.45A/0.38A Input Watts 97-151.7W LED Info Watts 150/120/100W Color Temp 3000K/4000K/5000K Color Accuracy 81-84 CRI L70 Lifespan 100,000 Hours Lumens 15,177-23,339 lm Efficacy 145.6-165.7 lm/W Technical Specifications Compliance UL Listed: Suitable for wet locations IESNA LM-79 & LM-80 Testing: RAB LED luminaires and LED components have been tested by an independent laboratory in accordance with IESNA LM-79 and LM-80. IP Rating: Ingress protection rating of IP65 for dust and water DLC Listed: This product is listed by Design Lights Consortium (DLC) as an ultra-efficient premium product that qualifies for the highest tier of rebates from DLC Member Utilities. Designed to meet DLC 5.1 requirements. DLC Product Code: S-G40T53 (Outdoor Pole/Arm- Mounted Area and Roadway Luminaires)S-DXL61C (Architectural Flood and Spot Luminaires) Electrical Driver: 150W: Constant Current, Class 1, 120-277V, 50/60 Hz, 120V: 1.21A, 208V: 0.70A, 240V: 0.63A, 277V: 0.53A 120W: Constant Current, Class 1, 120-277V, 50/60 Hz, 120V: 0.97A, 208V: 0.56A, 240V: 0.51A, 277V: 0.45A 100W: Constant Current, Class 1, 120-277V, 50/60 Hz, 120V: 0.81A, 208V: 0.47A, 240V: 0.42A, 277V: 0.38A Dimming Driver: Driver includes dimming control wiring for 0-10V dimming systems. Requires separate 0-10V DC dimming circuit. Dims down to 10%. THD: 3.01% at 120V, 5.56% at 277V Power Factor: 99.9% at 120V, 96.2% at 277V Surge Protection: 6kV Performance Lifespan: 100,000-Hour LED lifespan based on IES LM-80 results and TM-21 calculations Construction IES Classification: The Type III distribution is ideal for roadway, general parking and other area lighting applications where a larger pool of lighting is required. It is intended to be located near the side of the area, allowing the light to project outward and fill the area. Cold Weather Starting: The minimum starting temperature is -40°C (-40°F) Maximum Ambient Temperature: Suitable for use in up to 40°C (104°F) Lens: Polycarbonate lens Housing: Die-cast aluminum housing, lens frame and mounting arm Vibration Rating: 3G vibration rating per ANSI C136.31 Effective Projected Area (Without Shield): 1 Fixture: 0.60 ft² 2 Fixtures at 90°: 0.86 ft² 2 Fixtures at 180°: 1.21 ft² 3 Fixtures at 90°: 1.47 ft² 4 Fixtures at 90°: 1.47 ft² Manufacturer :RAB Model Number :A17-3T150 Type : AA Index Prepared By: Viking Electric - Minneapolis Gwen Olson | gwen.olson@vikingelectric.com 4 6.3 6203 AND 6213 – 36TH AVENUE NORTH – LOT CONSOLIDATION PLAT PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner __________________________________________________________________________ TO: Adam R. Bell, City Manager (for August 20 Meeting) DATE: August 14, 2024 RE: Consider adoption of a resolution approving a lot consolidation at 6203 and 6213 – 36th Avenue North A.BACKGROUND Creek Edge Townhomes LLC is proposing to consolidate the two properties they own at 6203 and 6213 – 36th Avenue N, into one lot for an eight unit twin home development. The lot consolidation is a condition of approval for a rezoning application (see agenda item 6.3). The proposed plat is named Creek Edge Baruch Addition. A public hearing is not required for a lot consolidation. Attachment: A.Resolution, with final plat COUNCIL STAFF REPORT Lot Consolidation Plat 6203 and 6213 – 36th Avenue N. 6.4 6203 AND 6213 – 36TH AVENUE NORTH – LOT CONSOLIDATION PLAT PAGE 2 OF 3 2024 Aerial Photo: B. PROPOSED LOT CONSOLIDATION The table below provides information about the two lots included in the consolidation. The consolidated lot would be addressed as 6203 - 36th Avenue N. Property Address Parcel size Existing plat name 6203 – 36th Ave N. 38,424 sq. ft. (0.88 acres) Rosedale Acres 6213 – 36th Ave N. 38,429 sq. ft. (0.88 acres) Rosedale Acres Combined lot (to be addressed as 6203 – 36th Ave. N) Total area = 76,853 sq. ft. (1.76 acres) 6.4 6203 AND 6213 – 36TH AVENUE NORTH – LOT CONSOLIDATION PLAT PAGE 3 OF 3 Final plat features: 1. Name. The proposed plat would be called Creek Edge Baruch Addition. 2. Easements. Currently there are no easements on the property and new drainage and utility easements will be dedicated on the proposed plat, including the area around the floodplain. 3. Park dedication. According to city code section 510.23, Subd. 3 (d), lot consolidation applications are not subject to park dedication requirements. Criteria for approval of a lot consolidation: The following are the approval criteria in city code section 510.23, Subd. 3 for approval of lot consolidation applications, followed by staff’s findings of these criteria . (a) The consolidation must be in general complia nce with the comprehensive plan. Findings: On the 2040 Planned Land Use map the property is guided as Medium Density Residential (MDR). The proposed twin homes conform to that designation. (b) The consolidation must meet the purpose and intent of this unified development code (UDC). Findings: The purpose of the UDC is to establish regulations that allow for the development of properties, but which avoid or minimize negative impacts to the general public or adjacent properties. The proposed twin homes, with a large open space area on the west side of the property, will be complementary to the adjacent residential and commercial uses in this area. (c) Unless prior or concurrent approval of a variance is granted, any suc h consolidation shall result in lots that, to the greatest extent possible, meet the dimensional requirements for the zoning district in which the property is located, and shall not further increase the nonconformity of any lot dimension or struct ure. Findings: The property is zoned Low Density Residential (R-1) but is proposed to be rezoned to Planned Development (R2-PD). The proposed plat is in conformance to the dimensional requirements of the existing and proposed zoning districts. C. REQUESTED ACTION City Council approval of the attached resolution is requested. 6.4 1 483\970099.v1 CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ RESOLUTION APPROVING LOT CONSOLIDATION VIA THE FINAL PLAT OF CREEK EDGE BARUCH ADDITION WHEREAS, Creek Edge Townhomes, LLC (the “Applicant”) has submitted an application to the City of Crystal (the “City”) for approval of a lot consolidation of Hennepin County PIDs 21-118-21-22-0069 and 21-118-21-22-0070, which are legally described in the attached Exhibit A (the “Property”); and WHEREAS, to effectuate said lot consolidation, the Property is proposed to be platted as CREEK EDGE BARUCH ADDITION; and WHEREAS, the plat of CREEK EDGE BARUCH ADDITION is attached hereto as Exhibit B (the “Plat”); and WHEREAS, the City Planner’s report regarding this matter, dated August 14, 2024 and attached hereto as Exhibit C, is incorporated herein and made part of this approval, except that the terms and conditions contained below are controlling; and WHEREAS, the City Council of the City of Crystal finds that the Plat is in conformance with the requirements of the comprehensive plan and meet the purpose and intent of the City’s Unified Development Code, which is contained in Chapter V of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby grants final approval for the plat of Crystal Housing Group Addition, subject to compliance with all of the following conditions: 1.Compliance. In developing the Property, the Applicant, or its successors and assigns, are required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in developing the Property and shall be required to obtain such permits and permissions as may be required in doing so. This includes, but is certainly not limited to, strict adherence to the Crystal City Code. 2.No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this Plat approval shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 3.Binding Effect; Recording. The conditions within this approval are binding on the Applicant and its successors and assigns, shall run with the Property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the Applicant under this approval shall also be the Attachment A 6.4 2 483\970099.v1 obligations of the current and any subsequent owners of the Property. The Plat shall be recorded within six months of the date of this resolution. Adopted by the Crystal City Council this 20th day of August 2024. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 6.4 A-1 483\970099.v1 EXHIBIT A Legal Description of the Property Lots 4 and 5, Block 4, Rosedale Acres, Hennepin County, Minnesota. 6.4 B-1 483\970099.v1 EXHIBIT B Final Plat 6.4 C-1 483\970099.v1 EXHIBIT C Planner’s Report (attached hereto) 6.4 Memorandum DATE: August 15, 2024 TO: Mayor and City Council FROM: Adam R. Bell, City Manager SUBJECT: 2025 West Metro Fire-Rescue District Budget ____________________________________________________________________ Background Article VIII, Section 3. a. of the Joint Powers Agreement (JPA) for the West Metro Fire- Rescue District (WMFRD) annual budget approval process requires the WMFRD Board approve the annual budget by July and forward it to both city councils for their consideration and approval by August 31. Attached is the 2025 WMFRD budget as approved at the July 10 WMFRD Board meeting. WMFRD Chief Larson reviewed the preliminary 2025 budget with both Crystal and New Hope city councils at work sessions in May and again with Crystal in June. Further revisions were made after the initial proposal. The Crystal City Council will consider approval of the budget at its August 20 meeting and the New Hope City Council will consider it at its after their next meeting. The recommended 2025 budget is attached and includes the following changes: -$62,325 scheduled increase in lease payments -$75,000 increase to the capital plan contribution. The 2025 budget continues the contributions to the capital, insurance, and compensated absences funds. The total preliminary 2025 budget and contribution required from both cities in 2025 is $3,716,599, an increase of $352,099 over the 2024 budget. According to the funding formula, Crystal’s share of this is $1,800,351, an increase of $165,734 (10.14%) over last year. This increase is primarily to address the increasing lease payment for the engines and increasing operational costs of the District as well as future capital needs. Recommendation Approve the 2025 West Metro Fire-Rescue District budget as presented and recommended by the WMFRD Board. Attach: West Metro Fire 2025 Budget Presentation West Metro Fire 2025 Budget and Board Memo 6.5 West Metro Fire PROPOSED 2025 BUDGET 6.5 West Metro Fire Proposed 2025 Budget 2025 Preliminary Budgets and Contributions 2025 2024 General Operating Budget $2,855,674 $2,640,900 Capital Fund Contribution $325,000 $250,000 Special Revenue Pension Fund Contribution $200,000 $200,000 Special Revenue Insurance Fund Contribution $10,000 $10,000 Special Revenue Compensated Absences Fund Contribution $10,000 $10,000 Tower Lease $103,600 $103,600 Engine Lease $212,325 $150,000 Total $3,716,599 $3,364,500 6.5 West Metro Fire Proposed 2025 Budget The cities’ preliminary 2025 total budget contribution is $3,716,599 which is $1,800,351.01 for Crystal and $1,916,247.99 for New Hope. This is an increase of $352,099 over the 2024 contributions or 10.46%. This is an increase of $165,734.42 or 10.14% for Crystal and an increase of $186,364.58 or 10.77% for New Hope. The general operating budget increase is $214,774 or 8.13%. The driving force of this increase is salaries, incentive pay for POC firefighters, PERA, health insurance, workers comp insurance, financial services and communications. There is a $75,000 increase to the capital plan contribution. These contributions include a $103,600 lease payment for the tower. These contributions include a $212,325 lease payment for the new engines. This is a $62,325 increase over 2024. 6.5 West Metro Fire Proposed 2025 Budget 2025 Preliminary Budget Contribution Increase from 2024 ($3,364,500) to 2025 ($3,716,599) General Operating $214,774 6.38% Capital Plan $75,000 2.23% Engine Lease $62,325 1.85% Total $352,099 10.46% 6.5 West Metro Fire Proposed 2025 Budget 2026 Projected Budget Contribution Increase from 2025 ($3,716,599) to 2026 ($4,014,566) General Operating $182,967 4.92% Capital Plan $75,000 2.02% Engine Lease $40,000 1.08% Total $297,967 8.02% 6.5 West Metro Fire Proposed 2025 Budget 2027 Projected Budget Contribution Increase from 2026 ($4,014,566) to 2027 ($4,476,325) is projected at $461,759 or 11.5%. 6.5 West Metro Fire Proposed 2025 Budget The engine lease contributions stabilize in 2028 at $287,326 annually. 6.5 West Metro Fire Proposed 2025 Budget Changes from 2024 $1,126,000 61500 -Regular Salaries $113,000 increase. This includes consideration of a 3% COLA, comp payout for non-exempt employees, OT for non-exempt employees, and lieutenant gap in pay for SAFER employees. $650,000 62000 -Part -Time Salaries $70,000 increase. This includes all POC positions and consideration of a 3% COLA. $200,582 62200 -PERA $20,582 increase based on full-time salaries. These full-time employees do not earn relief association pension. $66,568 62800 -Social Security & Medicare $6,568 increase based on salaries. $12,000 65500 –Uniforms $2,000 increase based on having 11 full-time employees and hiring a large group of POC firefighters in 2024. 6.5 West Metro Fire Proposed 2025 Budget Changes from 2024 $123,840 63800 -Health Insurance $11,160 decrease based on the SAFER grant covering 100% of the health insurance costs for the 3 lieutenants and a projected minimal increase to the premium. $6,502 63900 –Long Term Disability $1,402 increase and includes based on historical data. $1,182 64000 -Life Insurance $282 increase based on projected premium increase. $141,000 64500 -Workers Comp Insurance $29,000 decrease based on historical data and reimbursement from the SAFER grant. $28,000 64000 –Motor Fuels $3,000 increase based on historical data and continued rising costs. 6.5 West Metro Fire Proposed 2025 Budget Changes from 2024 $15,000 77000 –Turn -out Gear $3,000 increase based on historical data and continued rising costs. $0 80200 -Consultant $500 decrease based on removing this line item. $0 81400 –Postage & Delivery $100 decrease based on removing this line item. $160,000 81800 -Communications $20,000 increase based on expected increases to expenditures for LOGIS, Hennepin County Radio, and analytic software. $8,000 83400 -Water/Sewer $1,000 increase based on increased use from staffing an additional station. 6.5 West Metro Fire Proposed 2025 Budget Changes from 2024 $30,000 83600 –Natural Gas $5,000 increase based on historical data and increased use from staffing an additional station. $16,000 84000 -Building Maintenance $1000 increase based on projected increase to the cost of the & Cleaning service. $5,000 85400 -Office Equipment Rent $2,000 increase based on adding another printer lease for Station 1. $0 87400 -Printing $300 decrease based on removing this line item. $77,000 87700 -Financial Services $7,000 increase based on increased costs due to updated contract. 6.5 West Metro Fire Proposed 2025 Budget 2025 -2029 CAPITAL PLAN 2025 –Cities’ Contributions 325,000 Beginning Fund 2,026,249 Committed (1,086,740) Expenditures (903,425) Ending Non-Committed Fund Balance 36,804 Fund Balance 1,122,824 2026 –Cities’ Contributions 400,000 Beginning Fund 1,903,749 Committed -869,744 Expenditures -907,921 Ending Non-Committed Fund Balance 126,084 Fund Balance 995,828 6.5 West Metro Fire Proposed 2025 Budget 2025 -2029 CAPITAL PLAN 2027 –Cities’ Contributions 300,000 Beginning Fund 1,598,153 Committed (1,019,744) Expenditures (439,825) Ending Non-Committed Fund Balance 138,584 Fund Balance 1,158,328 2028 –Cities’ Contributions 300,000 Beginning Fund 1,695,653 Committed (1,119,744) Expenditures (497,325) Ending Non-Committed Fund Balance 78,584 Fund Balance 1,198,328 6.5 West Metro Fire Proposed 2025 Budget 2025 -2029 CAPITAL PLAN 2029 –Cities’ Contributions 300,000 Beginning Fund 1,785,653 Committed (1,279,744) Expenditures (437,325) Ending Non-Committed Fund Balance 68,584 Fund Balance 1,348,328 6.5 ((a/A) + (p/P) + (v/V) / 3) x 100 = Percentage of total budget due from specified municipality Crystal New Hope District a = municipality's avg. calls over 5 years 858 1,064 1,922 p = municipality's population (2020 census)23,330 21,986 45,316 v = municipality's taxable market value in millions 2,708 2,748 A = district's avg. calls over 5 years no mutual aid 1,922 P = district's population (2020 census)45,316 V = district's taxable market value in millions 5,456 Percentage a/A 44.6364% 55.3636% Percentage p/P 51.4829% 48.5171% Percentage v/V 49.6334% 50.3666% 48.5842% 51.4158%100.00% 100.0000% Required contributions from cities $1,634,616.59 $1,729,883.41 $3,364,500.00 Monthly contribution $136,218.05 $144,156.95 (1) Average calls based on calls for the years 2018 through 2022 without mutual aid. (2) 2023 Taxable market values from Hennepin County report dated 12/27/2022 Contributions from Cities Set to Equal: 2024 General Fund Operating Budget $2,640,900 2024 Capital Plan Budget $250,000 2024 Pension Special Revenue Fund $200,000 2024 Insurance Special Revenue Fund $10,000 2024 Compensated Absences Special Revenue Fund $10,000 2024 Aerial Lease $103,600 2024 Engine Lease $150,000 2024 Total Amount to be Contributed from Cities $3,364,500 WEST METRO-FIRE RESCUE DISTRICT Cost Sharing Formula Calculation in 2023 for use in the 2024 Budget ((a/A) + (p/P) + (v/V) / 3) x 100 = Percentage of total budget due from specified municipality Crystal New Hope District a = municipality's avg. calls over 5 years 873 1,103 p = municipality's population (2020 census)23,330 21,986 v = municipality's taxable market value in millions 2,770 2,808 A = district's avg. calls over 5 years no mutual aid 1,976 P = district's population (2020 census)45,316 V = district's taxable market value in millions 5,578 Percentage a/A 44.1802% 55.8198% Percentage p/P 51.4829% 48.5171% Percentage v/V 49.6594% 50.3406% 48.4408% 51.5592%100.00% 100.0000% Required contributions from cities $1,800,351.01 $1,916,247.99 $3,716,599.00 Monthly contribution $150,029.25 $159,687.33 (1) Average calls based on calls for the years 2019 through 2023 without mutual aid. (2) 2024 Taxable market values from Hennepin County report dated 12/20/2023 Contributions from Cities Set to Equal: 2025 General Fund Operating Budget $2,855,674 2025 Capital Plan Budget $325,000 2025 Pension Special Revenue Fund $200,000 2025 Insurance Special Revenue Fund $10,000 2025 Compensated Absences Special Revenue Fund $10,000 2025 Aerial Lease $103,600 2025 Engine Lease $212,325 2025 Total Amount to be Contributed from Cities $3,716,599 WEST METRO-FIRE RESCUE DISTRICT Cost Sharing Formula Calculation in 2024 for use in the 2025 Budget 6.5 To: WMFRD Board of Directors From: Sarah Larson, Fire Chief Date: May 8, 2024 Subject: Preliminary 2025 General Operating Budget Line Item Explanatory Information for Changes from 2024 2025-2029 Capital Plan 2025 Preliminary Budgets and Contributions General Operating Budget - $2,855,674 Capital Fund Contribution - $325,000 Special Revenue Pension Fund Contribution - $200,000 Special Revenue Insurance Fund Contribution - $10,000 Special Revenue Compensated Absences Fund Contribution - $10,000 Tower Lease - $103,600 Engine Lease - $212,325 ____________________________________________________________________ Total $3,716,599 The cities’ preliminary 2025 total contribution is $3,716,599 which is $1,800,351.01 for Crystal and $1,916,247.99 for New Hope. This is an increase of $165,734.42 or 10.14% for Crystal and an increase of $186,364.58 or 10.77% for New Hope. This is an increase of $352,099 over the 2024 contributions or 10.46%. The general operating budget increase is $214,774 or 8.13%. The driving force of this increase is salaries, incentive pay for POC firefighters, PERA, health insurance, workers comp insurance, financial services and communications. There is a $75,000 increase to the capital plan contribution. These contributions include a $103,600 lease payment for the tower. These contributions include a $212,325 lease payment for the new engines. This is a $62,325 increase over 2024. 2025 Preliminary Budget Contribution Increase from 2024 ($3,364,500) to 2025 ($3,716,599) General Operating $214,774 6.38% Capital Plan $75,000 2.23% Engine Lease $62,325 1.85% Total $352,099 10.46% Memorandum 6.5 2026 Projected Budget Contribution Increase from 2025 ($3,716,599) to 2026 ($4,014,566) General Operating $182,967 4.92% Capital Plan $75,000 2.02% Engine Lease $40,000 1.08% Total $297,967 8.02% An estimate of the 2026 increase to the cities’ total budget contributions is $297,967 or 8.02%. There is a $75,000 increase to the capital plan contribution. The 2026 cities’ contribution to the engine lease is $252,325 an increase to the engine lease of $40,000 or 1.08% over the potential 2025 cities’ contributions. The cities’ contribution to the engine lease is again $252,325 in 2027. The engine lease contributions stabilize in 2028 at $287,325 annually. 2027 Projected Budget Contribution Increase from 2026 ($4,014,566) to 2027 ($4,476,325) is projected at $461,759 or 11.5% For Historical Reference: 2024 Budgets and Contributions General Operating Budget - $2,640,900 Capital Fund Contribution - $250,000 Special Revenue Pension Fund Contribution - $200,000 Special Revenue Insurance Fund Contribution - $10,000 Special Revenue Compensated Absences Fund Contribution - $10,000 Tower Lease - $103,600 Engine Lease - $150,000 ____________________________________________________________________ Total $3,364,500 The cities’ preliminary 2024 total contribution was $3,364,500 which was $1,634,617 for Crystal and $1,729,883 for New Hope. This was an increase of $155,244 or 10.5% for Crystal and an increase of $178,066 or 11.5% for New Hope. This was an increase of $333,310 over the 2023 contributions or 11%. There was a $50,000 offset (carryover from 2022 Public Assistance Grant) to the 2023 budget to lower the cities’ contributions so the actual increase to the budget was $283,310 or 9.2%. The 2024 budget was 9.2% more than 2023. The 2024 contribution was 11% more than 2023. The difference is the $50,000 offset expiring. The general operating budget increase was $183,310 or 7.5%. There was a $20,000 increase to the special revenue pension fund contribution. 6.5 These contributions included a $103,600 lease payment for the tower. These contributions included a $150,000 lease payment for the new engines. This was an $80,000 increase over 2023. Line Item Explanatory Information for Reductions and Increases of the preliminary 2025 General Operating Budget Personnel $1,126,000 61500 - Regular Salaries $113,000 increase. This includes consideration of a 3% COLA, comp payout, OT for non-exempt employees, and lieutenant gap in pay for SAFER employees due to updated comp plan. $650,000 62000 - Part - Time Salaries $70,000 increase. This includes all POC positions and consideration of a 3% COLA. $200,582 62200 - PERA $20,582 increase based on full-time salaries. These full-time employees do not earn relief association pension. $66,568 62800 - Social Security & Medicare $6,568 increase based on salaries. $12,000 65500 – Uniforms $2,000 increase based on having 11 full-time employees and hiring a large group of POC firefighters in 2024. Insurance $5,500 63500 - Health Savings Account (HSA) No change. This line is part of the health insurance benefit provided by the District. $123,840 63800 - Health Insurance $11,160 decrease based on the SAFER grant covering 100% of the health insurance costs for the 3 lieutenants and a projected minimal increase to the premium. $6,502 63900 - Long Term Disability $1,402 increase based on projected premium increase. $1,182 64000 - Life Insurance $282 increase based on projected premium increase. $141,000 64500 - Workers Comp Insurance $29,000 decrease based on historical data and reimbursement From the SAFER grant. Supplies $2,300 70500 - Office Supplies No change. $2,200 72500 - Cleaning No change. $9,000 74000 - Operating No change. $3,000 75500 - Tools & Equipment No change. $28,000 76000 - Motor Fuels $3,000 increase based on historical data and continued rising 6.5 costs. $15,000 77000 - Turn-Out Gear $3,000 increase based on historical data and continued rising costs. $1,000 79000 - Fire Prevention No change. Service $0 80200 - Consultant $500 decrease based on removing this line item. $6,000 80600 - Legal Fees No change. $40,000 80800 - Medical Exams No change. Communication and Delivery $0 81400 - Postage & Delivery $100 decrease based on removing this line item. $160,000 81800 - Communications $20,000 increase based on expected increases to expenditures For LOGIS, Hennepin County Radio and analytic software. Utilities $21,000 83200 - Electric No change based on historical data. $8,000 83400 - Water/Sewer $1,000 increase based on increased use from staffing an additional station. $30,000 83600 – Natural Gas $5,000 increase based on historical data and increased use from staffing an additional station. Contract Maintenance $16,000 84000 - Building Maintenance $1000 increase based on projected increase to the cost of the & Cleaning service. $10,000 84200 - Building Repairs No change. $24,000 84400 - Equipment Repairs No change. $31,000 84600 - Vehicle Repairs No change. Rent $5,000 85400 - Office Equipment Rent $2,000 increase based on adding another printer lease for Station 1. 6.5 Dues, Subscriptions, & Training $3,000 86200 - Dues & Subscriptions No change. $1,000 86400 - Awards No change based on the use of special donation funds. $30,000 86800 - Training No change based on historical data and reimbursements from the state. $0 86900 - Licenses & Permits No change due to a reoccurring cost every three years for firefighter licenses. Miscellaneous $0 87400 – Printing $300 decrease based on removing this line item. $77,000 87700 - Financial Services $7,000 increase based on increased costs due to updated contract. $2,855,674 Total General Operating Expenditures BUDGET HISTORY 2005 – Aerial put into service w/ replacement between 2025 and 2030 1,500,000 2007 – SCBA put into service cost partially offset by FEMA Grant w/ replacement 2020 500,000 2008 – Turn Out Gear put into service beginning 2015 replace 10-15 sets per year 35,000 2012 – Placed 4 engines into service w/ replacement between 2025 and 2032 3,000,000 2012 – Removed Heavy Rescues from Major Apparatus Plan (1,400,000) 2012 - Squad 1 put into service 500,000 2013 - Capital Funding Plan w/ Forecast to 2025 Developed 240,000 2013 - Added 1 Light Rescue into Capital Plan w/ replacement between 2023 -2025 100,000 2014 – Added 2 Light Rescues into Capital Plan w/ replacement between 2023 -2025 200,000 2014 – Closed Major Apparatus Fund and moved fund balance to capital plan (100,000) 2014 – Created Special Revenue Pension Fund 250,000 2017 – Sale of 2004 Aerial (337,500) 2017 – Lease Tower 1,049,620 6.5 2019 - Board Approved Fund Policy Statements 2020 – Created Special Revenue Insurance Fund 40,000 2020 - Created Special Revenue Compensated Absences Fund 10,000 2020 – Purchase SCBA 450,000 2021 – Engine Lease 2,619,444 2022-2023 – Sale of (4) 2011 Engines (484,740) ANNUAL CAPITAL EXPENDITURES/COMMITMENTS The WMFRD has the following reoccurring annual capital expenditures or savings for future expenditures through 2029: SCBA 50,000 - Saving towards future expenditure Rescue Trucks (3) 30,000 - Saving towards future expenditure Radios 20,000 - Saving towards future expenditure Thermal Imagers 5,000 - Saving towards future expenditure Hydraulic Tools 10,000 - Saving towards future expenditure Power Tools 10,000 Nozzles/Hose 20,000 - Saving towards future expenditure Public Education Props 5,000 - Saving towards future expenditure AED 2,500 Turn out Gear 50,000 LOGIS/Admin/IT 20,000 Overhead Door Maintenance 5,000 Utility/Staff Vehicle 65,000 Total 292,500 COMMITTED CAPITAL FUNDS END OF 2024 Bathroom 72,000 Thermal Cameras 5,000 Hydraulic Tools 10,000 SCBA 50,000 Telephones 10,000 Radios 100,000 Hose 10,000 Nozzles 10,000 Public Education Props 10,000 Training Room Furniture 50,000 Rescues 270,000 Major Apparatus 609,740 Total Committed Funds 1,206,740 2024 – Cities’ Contributions 250,000 Beginning Fund 1,956,424 Committed -1,206,740 Expenditures -571,100 Ending Non-Committed Fund Balance 178,584 Fund Balance 1,385,324 6.5 2025 -2029 CAPITAL PLAN 2025 – Cities’ Contributions 325,000 Beginning Fund 2,026,249 Committed -1,086,740 Expenditures -903,425 Ending Non-Committed Fund Balance 36,084 Fund Balance 1,122,824 2026 – Cities’ Contributions 400,000 Beginning Fund 1,903,749 Committed -869,744 Expenditures -907,921 Ending Non-Committed Fund Balance 126,084 Fund Balance 995,828 2027 – Cities’ Contributions 300,000 Beginning Fund 1,598,153 Committed -1,019,744 Expenditures -439,825 Ending Non-Committed Fund Balance 138,584 Fund Balance 1,158,328 2028 – Cities’ Contribution 300,000 Beginning Fund 1,695,653 Committed -1,119,744 Expenditures -497,325 Ending Non-Committed Fund Balance 78,584 Fund Balance 1,198,328 2029 – Cities’ Contributions 300,000 Beginning Fund 1,785,653 Committed -1,279,744 Expenditures -497,325 Ending Non-Committed Fund Balance 68,584 Fund Balance 1,348,328 Cities’ Contribution to Capital Plan 2025 325,000 2026 400,000 2027 300,000 2028 300,000 2029 300,000 6.5 STAFF/UTILITY VEHICLES Funding for the replacement of the following staff, utility, grass and light rescue vehicles is included as part of the capital plan. STAFF VEHICLES YEAR MAKE/MODEL USE REPLACEMENT YEAR REPLACEMENT COST C-1 2019 Toyota Highlander Command 2031 65,000 C-2 2019 Ford F-150 Command 2030 65,000 C-3 2024 GMC Canyon Command 2033 65,000 C-4 2024 Ford F-150 Inspection 2034 65,000 C-5 2015 Chevy Tahoe Command 2027 65,000 C-6 2017 Chevy Tahoe Command 2029 65,000 C-7 2016 Chevy Tahoe Command 2028 65,000 C-8 2024 Chevy Suburban Training 2035 75,000 U-11 2020 Chevy Silverado Utility 2032 65,000 U-31 2013 Ford F-350 Utility 2027 65,000 U-21 2011 Ford F-350 Diesel Utility 2026 55,000 U-32 GRASS 2009 Ford F-350 Diesel Grass 2025 65,000 R-11 2013 Ford F-350 Light Rescue 2025 120,000 R-21 2014 Ford F-350 Light Rescue 2025 120,000 R-31 2014 Ford F-350 Light Rescue 2025 120,000 MAJOR APPARATUS In 2014 it was reaffirmed by both cities that each city would fund their respective portions of the costs of replacement of major equipment rather than have the District save for these purchases. The following equipment is considered major apparatus: MAJOR APPARATUS YEAR MAKE/MODEL USE REPLACEMENT YEAR REPLACEMENT COST Engine 1 (Lease) 2023 Pierce Enforcer Pumper 2033 2,000,000 Engine 2 (Lease) 2023 Pierce Enforcer Pumper 2033 2,000,000 Engine 3 (Lease) 2023 Pierce Enforcer Pumper 2033 2,000,000 Engine 4 (Lease) 2023 Pierce Enforcer Pumper 2033 2,000,000 Squad 1 2012 E - ONE/Quest Heavy Rescue 2033 2,000,000 Tower 1 (Lease) 2017 Pierce/Arrow XT Platform 2032 3,500,000 6.5 West Metro Fire-Rescue District Preliminary 2025 General Operating Budget, Capital, Special Pension, Insurance, and Compensated Absences Funds 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2025 2025 2025 2026 2026 2026 2026 2026 2027 2027 Approved Actual Approved Actual Approved Actual Approved Actual Approved Actual Approved Actual Approved Actual Preliminary Changes Offset from Minus SAFER Line Totals Preliminary Changes Offset from Minus SAFER Line Totals Preliminary Changes from 2024 SAFER Changes Minus SAFER from 2025 SAFER Changes Minus SAFER from 2026 Revenue 50100 - City Contribution Operating 1,822,250 1,822,250 1,928,700 1,928,700 2,030,650 2,030,649.96 2,120,450 2,120,450 2,208,500 2,208,500 2,457,590 2,407,590 2,640,900 3,234,500 593,600 (378,826)2,855,674 2,855,674 3,432,500 576,826 (393,859)3,038,641 3,038,641 3,704,000 665,359 City Contribution Special Revenue Pension Fund 200,000 200,000 200,000 200,000 180,000 180,000.00 180,000 180,000 200,000 200,000 180,000 180,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 Other Special Revenue Pension 4,982 City Contribution Capital 170,000 170,000 190,000 190,000 210,000 210,000.00 230,000 230,000 250,000 250,000 250,000 250,000 250,000 325,000 75,000 325,000 325,000 400,000 75,000 400,000 400,000 300,000 (100,000) Other Capital 16,773.24 17,473 City Contribution Special Revenue Insurance Fund 40,000 40,000.00 30,000 30,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Other Special Revenue Insurance 642 City Contribution Special Revenue Compensated Absences Fund 4,033.00 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Other Special Revenue Compensated Absences 10,000 663 Tower Lease 10,000 10,000.00 10,000 10,000 10,000 10,000 103,600 103,600 103,600 103,600 103,600 103,600 103,600 103,600 103,600 0 (103,600) Engine Lease 103,600 103,600 103,600 103,600 103,600 103,600.00 103,600 103,600 103,600 103,600 70,000 70,000 150,000 212,325 62,325 212,325 212,325 252,325 40,000 252,325 252,325 252,325 Special Revenue Fund 50110 - County Grants - General 30,000.00 76,055 50115 Refunds and Reinbursements 19,964 100,356 11,845.08 598,207.35 24,430.40 10,044 59999 - Gain/loss on sale of equipment 4,523 3,388 119,737.24 12,444.40 17,499.99 54002 - Proceeds - Sale of Capital Assets 383,750 50800 - Fire Department Contributions Investment Income Operating 2,535 51000 - Misc Income Operating 3,109 6,482 1,261.82 22.53 942.40 386 10.46% Increase over 2024 or 352,099 8.02% over 2025 or $297,967 11.5% over 2026 or $461,759 4,539 100 105.94 965.50 445.69 730,925 691,826 461,759 Total Revenue 2,295,850 2,327,985 2,422,300 2,532,626 2,574,250 2,758,006.28 2,674,050 3,285,689.78 2,782,100 2,825,418 3,081,190 3,527,720 3,364,500 4,095,425 3,716,599 3,716,599 4,408,425 4,014,566 4,014,566 4,476,325 Assigned for Additional Full-Time Staff 100,000 -50,000 Expenditures 3,031,190 3,364,500 Personnel 61500 - Regular Salaries 689,000 697,008 721,000 732,264 749,000 758,693.64 785,000 800,269.71 822,000 850,730.26 933,000 957,483 1,013,000 1,360,000 347,000 (234,000)113,000 1,126,000 1,413,000 287,000 (243,360)43,640 1,169,640 1,483,000 313,360 61501 - Severance 62000 - Part - Time Salaries 380,000 395,382 405,000 463,726 440,000 629,686.46 460,000 526,514.24 490,000 518,076.62 525,000 534,161 580,000 650,000 70,000 70,000 650,000 700,000 50,000 50,000 700,000 800,000 100,000 62001 - Part Time Inspectors 0 0 0 0 0.00 0 0 62200 - PERA 118,650 112,916 122,200 124,405 132,600 135,045.06 141,300 142,411.39 145,500 151,355.46 165,940 170,356 180,000 242,000 62,000 (41,418)20,582 200,582 250,000 49,418 (43,075)6,343 206,925 261,000 54,075 62800 - Social Security & Medicare 40,000 39,965 41,500 45,782 44,500 58,882.29 46,600 51,548.87 49,500 52,209.58 53,750 54,295 60,000 70,000 10,000 (3,432)6,568 66,568 74,000 7,432 (3,569)3,863 70,431 83,000 12,569 63000 - Fire Pension 0 0 0 0 0.00 0 0 63200 - Flex Spending 65500 - Uniforms 7,000 7,081 9,000 10,443 9,000 5,703.48 9,000 10,733.79 9,000 9,679.75 10,000 10,399 10,000 12,000 2,000 2,000 12,000 12,000 12,000 12,000 Insurance 63500 - Health Savings Account - HSA 5,000 5,000 5,000 4,500 5,000 4,500.00 5,000 4,500.00 5,000 6,500.00 5,500 5,500 5,500 8,500 3,000 (3,000)5,500 8,500 3,000 (3,000)5,500 9,000 3,500 63600 - Dental Insurance 63800 - Health Insurance 64,000 63,644 77,000 73,947 88,550 76,217.51 88,550 89,266.00 99,000 99,507.18 135,000 117,663 135,000 180,000 45,000 (56,160)(11,160)123,840 200,000 76,160 (58,406)17,754 141,594 220,000 78,406 63900 - Long Term Disability 4,000 0 4,000 0 4,000 4,265.30 4,000 4,315.74 4,000 4,165.51 5,000 4,979 5,100 8,000 2,900 (1,498)1,402 6,502 8,000 1,498 (1,558)(60)6,442 8,000 1,558 64000 - Life Insurance 600 210 400 210 400 210.00 400 210.00 400 924.63 500 1,050 900 1,500 600 (318)282 1,182 1,500 318 (331)(13)1,169 2,500 1,331 64500 - Workers Comp Insurance 78,000 85,396 90,000 90,708 100,000 93,580.00 110,000 134,175.00 134,000 164,828.00 160,000 156,426 170,000 180,000 10,000 (39,000)(29,000)141,000 200,000 59,000 (40,560)18,440 159,440 230,000 70,560 65000 - Unemployment Insurance Supplies 70500 - Office Supplies 2,500 1,495 2,500 1,861 2,500 2,378.51 2,300 2,320.65 2,300 1,717.08 2,300 1,396 2,300 2,300 2,300 2,300 2,300 2,300 72500 - Cleaning 2,400 1,995 2,400 1,706 2,400 2,627.28 2,200 1,846.78 2,200 2,065.60 2,200 2,564 2,200 2,200 2,200 2,200 2,200 2,200 74000 - Operating 9,000 7,466 10,000 8,203 10,000 8,721.86 10,000 9,132.00 9,000 8,520.09 9,000 8,748 9,000 9,000 9,000 9,000 9,000 9,000 75500 - Tools & Equipment 3,500 3,623 3,500 6,178 3,500 1,109.62 4,600 3,768.28 4,600 3,157.76 3,000 2,070 3,000 3,000 3,000 3,000 3,000 3,000 76000 - Motor Fuels 18,000 23,157 19,000 23,990 23,000 16,818.20 25,000 20,936.37 25,000 29,313.73 25,000 26,722 25,000 28,000 3,000 3,000 28,000 31,000 3,000 3,000 31,000 31,000 77000 - Turn Out Gear 12,000 15,390 12,000 11,483 12,000 12,683.42 12,000 15,510.32 12,000 14,095.17 12,000 12,980 12,000 15,000 3,000 3,000 15,000 18,000 3,000 3,000 18,000 18,000 77500 - Tires 78000 - COVID-19 40,136.62 1,916.49 79000 - Fire Prevention Supplies 6,000 5,746 6,000 8,283 6,000 1,960.30 6,000 7,423.53 6,000 5,378.83 1,000 575 1,000 1,000 1,000 1,000 1,000 1,000 Service 80200 - Consultant 2,000 1,000 2,000 2,200 2,000 0.00 2,000 1,312.20 2,000 415.00 500 0 500 0 (500)(500)0 0 80400 - Other Contract 500 0 0 0 0 0.00 0 0 80600 - Legal Fees 9,000 4,386 9,000 5,091 9,000 4,219.00 7,000 4,548.50 6,000 7,308.13 5,000 7,103 6,000 6,000 6,000 7,000 1,000 1,000 7,000 7,000 80800 - Medical Exams 20,000 24,192 20,000 7,150 30,000 0.00 30,000 23,789.25 25,000 26,257.45 40,000 23,011 40,000 40,000 40,000 40,000 40,000 40,000 Communication and Delivery 81200 - Telephone 0 0 0 0 0 0.00 0 0 81400 - Postage & Delivery 500 63 400 27 400 10.32 200 122.35 200 378.33 100 0 100 0 (100)(100)0 0 81600 - Radio Units (leasing, maint. fees, repairs and parts)0 0 0 0 0 0.00 0 0 81800 - Communications 101,800 100,769 110,000 109,023 110,000 106,128.21 115,000 125,510.53 120,000 136,919.55 130,000 127,311 140,000 160,000 20,000 20,000 160,000 170,000 10,000 10,000 170,000 190,000 20,000 Utilities 83200 - Electric 24,000 22,548 26,000 21,841 26,000 22,421.11 25,000 22,665.50 21,000 24,294.35 21,000 24,235 21,000 21,000 21,000 25,000 4,000 4,000 25,000 28,000 3,000 83400 - Water/Sewer 6,000 5,683 6,000 5,583 6,000 5,546.89 6,000 7,621.20 5,500 8,003.27 5,500 8,208 7,000 8,000 1,000 1,000 8,000 10,000 2,000 2,000 10,000 12,000 2,000 83600 - Gas 17,000 20,424 18,000 19,623 20,000 15,623.83 22,000 20,319.06 20,000 29,524.48 20,000 28,938 25,000 30,000 5,000 5,000 30,000 35,000 5,000 5,000 35,000 40,000 5,000 83800 - Refuse 1,000 810 0 0 0 0.00 0 0 Contract Maintenance 84000 - Building Maintenance & Cleaning 13,000 11,911 14,000 12,861 14,000 12,901.40 15,000 12,903.00 15,000 13,787.19 15,000 14,074 15,000 16,000 1,000 1,000 16,000 18,000 2,000 2,000 18,000 18,000 84200 - Building Repairs 10,000 9,603 10,000 9,343 10,000 7,800.85 10,000 7,685.12 10,000 4,194.72 10,000 4,822 10,000 10,000 10,000 10,000 10,000 10,000 84400 - Equipment Repairs 16,000 19,754 16,000 49,949 16,000 22,385.34 20,000 22,423.88 24,000 21,336.41 24,000 27,779 24,000 24,000 24,000 24,000 24,000 24,000 84600 - Vehicle Repairs 33,000 30,569 35,000 31,084 35,000 45,718.44 36,000 51,065.99 41,000 37,590.62 31,000 44,074 31,000 31,000 31,000 31,000 31,000 31,000 84700 - Grounds Maintenance 84800 - Information Technology 0 0 0 0 0.00 0 0 Rent 85400 - Office Equipment Rent 6,000 4,942 6,000 2,481 6,000 2,786.10 4,000 3,849.15 3,000 2,585.93 3,000 2,847 3,000 5,000 2,000 2,000 5,000 5,000 5,000 5,000 85600 - Service Contracts Dues, Subscriptions, & Training 86200 - Dues & Subscriptions 2,500 2,485 2,500 2,800 2,500 2,966.61 3,000 1,261.11 3,000 1,574.54 3,000 3,120 3,000 3,000 3,000 3,000 3,000 3,000 86400 - Awards 3,000 2,961 3,000 2,792 3,000 1,675.33 3,000 1,285.99 3,000 2,833.31 1,000 330 1,000 1,000 1,000 1,000 1,000 1,000 86600 - Books 0 0 0 0 0.00 0 0 86800 - Training 30,000 31,631 30,000 42,332 30,000 10,864.61 30,000 28,616.76 30,000 39,257.04 30,000 53,616 30,000 30,000 30,000 30,000 30,000 30,000 86900 - Licenses & Permits 0 0 0 5,000 3,375.00 0 0 5,000 3,900 0 0 5,000 5,000 5,000 5,000 0 (5,000) Miscellaneous 87200 - Advertising - Employee 0 0 87400 - Printing 300 150 300 153 300 0.00 300 188.45 300 407.84 300 118 300 0 (300)(300)0 0 87500 - General Insurance 40,000 27,651 40,000 12,898 0 0.00 0 0 87700 - Financial Services 47,000 53,049 50,000 53,838 53,000 60,884.40 60,000 63,703.56 60,000 66,390.62 65,000 81,134 70,000 77,000 7,000 7,000 77,000 85,000 8,000 8,000 85,000 90,000 5,000 87800 - EMAC Deployment 4,309.13 87999 - Reserve 20,000 0.00 20,000 0.00 0 Total General Operating Expenditures 1,822,250 1,840,055 1,928,700 1,998,755 2,030,650 2,178,526.99 2,120,450 2,228,063.40 2,208,500 2,347,200.52 2,457,590 2,521,987 2,640,900 3,234,500 593,600 (378,826)214,774 2,855,674 3,432,500 576,826 (393,859)182,967 3,038,641 3,704,000 665,359 -378,826 (393,859) 2,855,674 3,038,641 6.5 2025 Capital Plan 2025 Committed Capital Funds Year of 2024 Fund Balance 1,385,324 Expenditure Revenue 2025 Contribution 325,000 BUILDING 88002 2025 Tower Lease Contribution 103,600 Bathroom Project (2014)38,000 2025 Engine Lease Contribution 212,325 Bathroom Project (2015)29,000 Bathroom Project (2015)5,000 Total 2,026,249 2028 Station 3 Apparatus Floor (2025)20,000 Expenditure 2025 Expenditures 242,500 Total 92,000 2025 Committed Expenditures 270,000 2025 Tower Lease 103,600 RESPIRATORY PROTECTION EQUIPMENT 88003 2025 Engine Lease District 75,000 SCBA (2024)50,000 2025 Engine Lease Cities 212,325 SCBA (2025)50,000 Total 903,425 Total 100,000 ADMIN/TECH 88001 POWER EQUIPMENT TOOLS 88005 Computers/LOGIS 20,000 2033 Thermal Camera (2024)5,000 Thermal Camera (2025)5,000 Total 20,000 2034 Hydraulic Tools (2024)10,000 Hydraulic Tools (2025)10,000 BUILDING 88002 Power Tools (2025)10,000 Overhead Door Maintenance 5,000 Station 3 Apparatus Floor 20,000 Total 40,000 Total 25,000 COMMUNICATION EQUIPMENT 88006 Telephone (2017)10,000 RESPIRATORY PROTECTION EQUIPMENT 88003 Radios (2019)20,000 SCBA 50,000 Radios (2020)20,000 Radios (2021)20,000 Total 50,000 Radios (2023)20,000 Radios (2024)20,000 PERSONAL PROTECTIVE EQUIPMENT 88004 Radios (2025)20,000 Turnout Gear 60,000 Total 130,000 Total 60,000 FIRE SUPPRESSION EQUIPMENT 88009 POWER EQUIPMENT TOOLS 88005 Hose (2024)10,000 Thermal Camera 5,000 Hose (2025)10,000 Hydraulic Tools 10,000 Nozzles (2024)10,000 Nozzle (2025)10,000 Total 15,000 Total 40,000 COMMUNICATION EQUIPMENT 88006 Radios 20,000 PREVENTION 88011 Public Education Props (2023)5,000 Total 20,000 Public Education Props (2024)5,000 Public Education Props (2025)5,000 TECHNICAL RESCUE EQUIPMENT 88007 Total 0 Total 15,000 MEDICAL EQUIPMENT 88008 TRAINING 88012 AED 2,500 2026 Training Room Furniture (2024)50,000 Training Room Furniture (2025)75,000 Total 2,500 Total 125,000 FIRE SUPPRESSION EQUIPMENT 88009 Hose 10,000 VEHICLES - Staff/Utility/Rescue 88013 Nozles 10,000 Major Apparatus Tires (2025)10,000 Total 20,000 Total 10,000 HAZARDOUS MATERIALS EQUIPMENT 88010 MAJOR APPARATUS 88014 Total 0 PA Grant (2021)200,000 Sale of E One Engine (2022)100,990 PREVENTION 88011 Sale of (3) E One Engines (2023)383,750 Public Education Props 5,000 2024 Expenditure District Contribution to Lease -75,000 2025 Expenditure District Contribution to Lease -75,000 Total 5,000 Total 534,740 TRAINING 88012 Training Room Furniture 75,000 Total Committed Funds 1,086,740 Total 75,000 Beginning Fund 2,026,249 VEHICLE 88013 Committed 1,086,740 Staff Vehicle 65,000 Expenditures 903,425 Rescues (3) 90,000 Rescues (3) 270,000 Ending Non-Committed Fund Balance 36,084 Total 425,000 Fund Balance 1,122,824 Expenditures Expenditures from Committed Capital Funds Committed/Saved Capital Funds 6.5 2026 Capital Plan 2026 Committed Capital Funds Year of 2025 Fund Balance 1,147,824 Expenditure Revenue 2026 Contribution 400,000 BUILDING 88002 2026 Tower Lease Contribution 103,600 Bathroom Project (2014)38,000 2026 Engine Lease Contribution 252,325 Bathroom Project (2015)29,000 Bathroom Project (2015)5,000 2028 Station 3 Apparatus Floor (2025)20,000 Total 1,903,749 Station 3 Apparatus Floor (2026)20,000 Expenditure 2026 Expenditures 150,000 Total 112,000 2026 Committed Expenditures 125,000 2026 Tower Lease 103,600 RESPIRATORY PROTECTION EQUIPMENT 88003 Balloon Payment Tower Lease 241,996 2033 SCBA (2024)50,000 2026 Engine Lease District 35,000 SCBA (2025)50,000 2026 Engine Lease Cities 252,325 SCBA (2026)50,000 Total 907,921 Total 150,000 ADMIN/TECH 88001 POWER EQUIPMENT TOOLS 88005 Computers/LOGIS 20,000 2033 Thermal Cameras (2024)5,000 Thermal Cameras (2025)5,000 Total 20,000 Thermal Cameras(2026)5,000 2034 Hydraulic Tools (2024)10,000 BUILDING 88002 Hydraulic Tools (2025)10,000 Overhead Door Maintenance 5,000 Hydraulic Tools (2026)10,000 Station 3 Apparatus Floor 20,000 Power Tools (2025)10,000 Power Tools (2026)10,000 Total 25,000 Total 65,000 RESPIRATORY PROTECTION EQUIPMENT 88003 SCBA 50,000 COMMUNICATION EQUIPMENT 88006 Telephone (2017)10,000 Total 50,000 Radios (2019)20,000 Radios (2020)20,000 PERSONAL PROTECTIVE EQUIPMENT 88004 Radios (2021)20,000 Turnout Gear 60,000 Radios (2023)20,000 Radios (2024)20,000 Total 60,000 Radios (2025)20,000 Radios (2026)20,000 POWER EQUIPMENT TOOLS 88005 Thermal Camera 5,000 Total 150,000 Hydraulic Tools 10,000 FIRE SUPPRESSION EQUIPMENT 88009 Total 15,000 Hose (2024)10,000 Hose (2025)10,000 COMMUNICATION EQUIPMENT 88006 Hose (2026)10,000 Radios 20,000 Nozzles (2024)10,000 Nozzle (2025)10,000 Total 20,000 Nozzles (2026)10,000 TECHNICAL RESCUE EQUIPMENT 88007 Total 60,000 Total 0 PREVENTION 88011 MEDICAL EQUIPMENT 88008 Public Education Props (2023)5,000 Total 0 Public Education Props (2024)5,000 Public Education Props (2025)5,000 FIRE SUPPRESSION EQUIPMENT 88009 Public Education Props (2026)5,000 Hose 10,000 Nozzles 10,000 Total 20,000 Total 20,000 VEHICLES - Staff/Utility/Rescue 88013 Major Apparatus Tires (2022)10,000 HAZARDOUS MATERIALS EQUIPMENT 88010 Rescues (3) (2026)45,000 Total 0 Total 55,000 PREVENTION 88011 Public Education Props 5,000 MAJOR APPARATUS 88014 PA Grant (2021)200,000 Total 5,000 Sale of E One Engine (2022)100,990 Sale of (3) E One Engines (2023)383,750 TRAINING 88012 2024 Expenditure District Contribution to Engine Lease -75,000 Training Room Furniture 125,000 2025 Expenditure District Contribution to Engine Lease -75,000 2026 Expenditure District Contribution to Engine Lease -35,000 Total 125,000 Balloon Payment Tower Lease -241,996 VEHICLE 88013 Total 257,744 Staff Vehicle 65,000 Rescues (3) 45,000 Total Committed Funds 869,744 Total 110,000 Beginning Fund 1,903,749 Committed 869,744 Expenditures 907,921 Ending Non-Committed Fund Balance 126,084 Fund Balance 995,828 Expenditures Expenditures from Committed Capital Funds Committed/Saved Capital Funds 6.5 2027 Capital Plan 2027 Committed Capital Funds Year of 2026 Fund Balance 1,045,828 Expenditure Revenue 2027 Contribution 300,000 BUILDING 88002 2027 Engine Lease Contribution 252,325 Bathroom Project (2014)38,000 Bathroom Project (2015)29,000 Total 1,598,153 Bathroom Project (2015)5,000 Expenditure 2028 Station 3 Apparatus Floor (2025)20,000 2027 Expenditures 152,500 Station 3 Apparatus Floor (2026)20,000 2027 Engine Lease District 35,000 Station 3 Apparatus Floor (2027)20,000 2027 Engine Lease Cities 252,325 Total 132,000 Total 439,825 RESPIRATORY PROTECTION EQUIPMENT 88003 ADMIN/TECH 88001 2033 SCBA (2024)50,000 Computers/LOGIS 20,000 SCBA (2025)50,000 SCBA (2026)50,000 Total 20,000 SCBA (2027)50,000 BUILDING 88002 Total 200,000 Overhead Door Maintenance 5,000 Station 3 Apparatus Floor 20,000 POWER EQUIPMENT TOOLS 88005 2033 Thermal Cameras (2024)5,000 Total 25,000 Thermal Cameras (2025)5,000 Thermal Cameras (2026)5,000 RESPIRATORY PROTECTION EQUIPMENT 88003 Thermal Cameras (2027)5,000 SCBA 50,000 2034 Hydraulic Tools (2024)10,000 Hydraulic Tools (2025)10,000 Total 50,000 Hydraulic Tools (2026)10,000 Hydraulic Tools (2027)10,000 PERSONAL PROTECTIVE EQUIPMENT 88004 Power Tools (2025)10,000 Turnout Gear 60,000 Power Tools (2026)10,000 Power Tools (2027)10,000 Total 60,000 Total 90,000 POWER EQUIPMENT TOOLS 88005 Thermal Camera 5,000 COMMUNICATION EQUIPMENT 88006 Hydraulic Tools 10,000 Telephone (2017)10,000 Radios (2019)20,000 Total 15,000 Radios (2020)20,000 Radios (2021)20,000 COMMUNICATION EQUIPMENT 88006 Radios (2023)20,000 Radios 20,000 Radios (2024)20,000 Radios (2025)20,000 Total 20,000 Radios (2026)20,000 Radios (2027)20,000 TECHNICAL RESCUE EQUIPMENT 88007 Total 0 Total 170,000 MEDICAL EQUIPMENT 88008 FIRE SUPPRESSION EQUIPMENT 88009 AED 2,500 Hose (2024)10,000 Hose (2025)10,000 Total 2,500 Hose (2026)10,000 Hose (2027)10,000 FIRE SUPPRESSION EQUIPMENT 88009 Nozzles (2024)10,000 Hose 10,000 Nozzles (2025)10,000 Nozzles 10,000 Nozzles (2026)10,000 Nozzles (2027)10,000 Total 20,000 Total 80,000 HAZARDOUS MATERIALS EQUIPMENT 88010 Total 0 PREVENTION 88011 Public Education Props (2023)5,000 PREVENTION 88011 Public Education Props (2024)5,000 Public Education Props 5,000 Public Education Props (2025)5,000 Public Education Props (2026)5,000 Total 5,000 Public Education Props (2027)5,000 TRAINING 88012 Total 25,000 Total 0 VEHICLES - Staff/Utility/Rescue 88013 VEHICLE 88013 Major Apparatus Tires (2022)10,000 Staff Vehicle 65,000 Rescues (3) (2026)45,000 Rescues (3) 45,000 Rescues (3) (2027)45,000 Total 110,000 Total 100,000 MAJOR APPARATUS 88014 PA Grant (2021)200,000 Sale of E One Engine (2022)100,990 Sale of (3) E One Engines (2023)383,750 2024 Expenditure District Contribution to Engine Lease -75,000 2025 Expenditure District Contribution to Engine Lease -75,000 2026 Expenditure District Contribution to Engine Lease -35,000 Balloon Payment Tower Lease -241,996 2027 Expenditure District Contribution to Engine Lease -35,000 Total 222,744 Total Committed Funds 1,019,744 Beginning Fund 1,598,153 Committed 1,019,744 Expenditures 439,825 Ending Non-Committed Fund Balance 138,584 Fund Balance 1,158,328 Expenditures Expenditures from Committed Capital Funds Committed/Saved Capital Funds 6.5 2028 Capital Plan 2028 Committed Capital Funds Year of 2027 Committed Funds 1,108,328 Expenditure Revenue 2028 Contribution 300,000 BUILDING 88002 2028 Engine Lease Contribution 287,325 Bathroom Project (2014)38,000 Bathroom Project (2015)29,000 Total 1,695,653 Bathroom Project (2015)5,000 Expenditure Total 72,000 2028 Expenditures 150,000 2028 Committed Expenditures 60,000 RESPIRATORY PROTECTION EQUIPMENT 88003 2028 Engine Lease District 0 SCBA (2024)50,000 2028 Engine Lease Cities 287,325 SCBA (2025)50,000 SCBA (2026)50,000 Total 497,325 SCBA (2027)50,000 SCBA (2028)50,000 ADMIN/TECH 88001 Computers/LOGIS 20,000 Total 250,000 Total 20,000 POWER EQUIPMENT TOOLS 88005 2033 Thermal Cameras (2024)5,000 BUILDING 88002 Thermal Cameras (2025)5,000 Overhead Door Maintenance 5,000 Thermal Cameras (2026)5,000 Station 3 Apparatus Floor 60,000 Thermal Cameras (2027)5,000 Thermal Cameras (2028)5,000 Total 65,000 2034 Hydraulic Tools (2024)10,000 Hydraulic Tools (2025)10,000 RESPIRATORY PROTECTION EQUIPMENT 88003 Hydraulic Tools (2026)10,000 SCBA 50,000 Hydraulic Tools (2027)10,000 Hydraulic Tools (2028)10,000 Total 50,000 Power Tools (2025)10,000 Power Tools (2026)10,000 PERSONAL PROTECTIVE EQUIPMENT 88004 Power Tools (2027)10,000 Turnout Gear 60,000 Power Tools (2028)10,000 Total 60,000 Total 115,000 POWER EQUIPMENT TOOLS 88005 COMMUNICATION EQUIPMENT 88006 Thermal Cameras 5,000 Telephone (2017)10,000 Hydraulic Tools 10,000 Radios (2019)20,000 Radios (2020)20,000 Total 15,000 Radios (2021)20,000 Radios (2023)20,000 COMMUNICATION EQUIPMENT 88006 Radios (2024)20,000 Radios 20,000 Radios (2025)20,000 Radios (2026)20,000 Total 20,000 Radios (2027)20,000 Radios (2028)20,000 TECHNICAL RESCUE EQUIPMENT 88007 Total 0 Total 190,000 MEDICAL EQUIPMENT 88008 FIRE SUPPRESSION EQUIPMENT 88009 Total 0 Hose (2024)10,000 Hose (2025)10,000 FIRE SUPPRESSION EQUIPMENT 88009 Hose (2026)10,000 Hose 10,000 Hose (2027)10,000 Nozzles 10,000 Hose (2028)10,000 Nozzles (2024)10,000 Total 20,000 Nozzles (2025)10,000 Nozzles (2026)10,000 HAZARDOUS MATERIALS EQUIPMENT 88010 Nozzles (2027)10,000 Total 0 Nozzles (2028)10,000 PREVENTION 88011 Total 100,000 Total 0 PREVENTION 88011 TRAINING 88012 Public Education Props (2023)5,000 Total 0 Public Education Props (2024)5,000 Public Education Props (2025)5,000 VEHICLE 88013 Public Education Props (2026)5,000 Staff Vehicle 65,000 Public Education Props (2027)5,000 Rescues (3) 45,000 Total 25,000 Total 110,000 VEHICLES - Staff/Utility/Rescue 88013 Major Apparatus Tires (2022)10,000 Rescues (3) (2026)45,000 Rescues (3) (2027)45,000 Rescues (3) (2028)45,000 Total 145,000 MAJOR APPARATUS 88014 PA Grant (2021)200,000 Sale of E One Engine (2022)100,990 Sale of (3) E One Engines (2023)383,750 2024 Expenditure District Contribution to Engine Lease -75,000 2025 Expenditure District Contribution to Engine Lease -75,000 2026 Expenditure District Contribution to Engine Lease -35,000 Balloon Payment Tower Lease -241,996 2027 Expenditure District Contribution to Engine Lease -35,000 Total 222,744 Total Committed Funds 1,119,744 Beginning Fund 1,695,653 Committed 1,119,744 Expenditures 497,325 Ending Non-Committed Fund Balance 78,584 Fund Balance 1,198,328 Expenditures Expenditures from Committed Capital Funds Committed/Saved Capital Funds 6.5 2029 Capital Plan 2029 Committed Capital Funds Year of 2028 Fund Balance 1,198,328 Expenditure Revenue 2029 Contribution 300,000 BUILDING 88002 2029 Engine Lease Contribution 287,325 Bathroom Project (2014)38,000 Bathroom Project (2015)29,000 Total 1,785,653 Bathroom Project (2015)5,000 Expenditure Total 72,000 2029 Expenditures 150,000 2029 Committed Expenditures 0 RESPIRATORY PROTECTION EQUIPMENT 88003 2029 Engine Lease District 0 2033 SCBA (2024)50,000 2029 Engine Lease Cities 287,325 SCBA (2025)50,000 SCBA (2026)50,000 Total 437,325 SCBA (2027)50,000 SCBA (2028)50,000 ADMIN/TECH 88001 SCBA (2029)50,000 Computers/LOGIS 20,000 Total 300,000 Total 20,000 POWER EQUIPMENT TOOLS 88005 BUILDING 88002 2033 Thermal Cameras (2024)5,000 Overhead Door Maintenance 5,000 Thermal Cameras (2025)5,000 Thermal Cameras (2026)5,000 Total 5,000 Thermal Cameras (2027)5,000 Thermal Cameras (2028)5,000 RESPIRATORY PROTECTION EQUIPMENT 88003 Thermal Cameras (2029)5,000 SCBA 50,000 2034 Hydraulic Tools (2024)10,000 Hydraulic Tools (2025)10,000 Total 50,000 Hydraulic Tools (2026)10,000 Hydraulic Tools (2027)10,000 PERSONAL PROTECTIVE EQUIPMENT 88004 Hydraulic Tools (2028)10,000 Turnout Gear 60,000 Hydraulic Tools (2029)10,000 Power Tools (2025)10,000 Total 60,000 Power Tools (2026)10,000 Power Tools (2027)10,000 POWER EQUIPMENT TOOLS 88005 Power Tools (2028)10,000 Thermal Cameras 5,000 Power Tools (2029)10,000 Hydraulic Tools 10,000 Total 140,000 Total 15,000 COMMUNICATION EQUIPMENT 88006 COMMUNICATION EQUIPMENT 88006 Telephone (2017)10,000 Radios 20,000 Radios (2019)20,000 Radios (2020)20,000 Total 20,000 Radios (2021)20,000 Radios (2023)20,000 TECHNICAL RESCUE EQUIPMENT 88007 Radios (2024)20,000 Total 0 Radios (2025)20,000 Radios (2026)20,000 MEDICAL EQUIPMENT 88008 Radios (2027)20,000 Total 0 Radios (2028)20,000 Radios (2029)20,000 FIRE SUPPRESSION EQUIPMENT 88009 Hose 10,000 Total 210,000 Nozzles 10,000 FIRE SUPPRESSION EQUIPMENT 88009 Total 20,000 Hose (2024)10,000 Hose (2025)10,000 HAZARDOUS MATERIALS EQUIPMENT 88010 Hose (2026)10,000 Total 0 Hose (2027)10,000 Hose (2028)10,000 PREVENTION 88011 Hose (2029)10,000 Total 0 Nozzles (2024)10,000 Nozzles (2025)10,000 TRAINING 88012 Nozzles (2026)10,000 Total 0 Nozzles (2027)10,000 Nozzles (2028)10,000 VEHICLE 88013 Nozzles (2029)10,000 Staff Vehicle 65,000 Rescues (3) 45,000 Total 120,000 Total 110,000 PREVENTION 88011 Public Education Props (2023)5,000 Public Education Props (2024)5,000 Public Education Props (2025)5,000 Public Education Props (2026)5,000 Public Education Props (2027)5,000 Total 25,000 VEHICLES - Staff/Utility/Rescue 88013 Major Apparatus Tires (2022)10,000 Rescues (3) (2026)45,000 Rescues (3) (2027)45,000 Rescues (3) (2028)45,000 Rescues (3) (2029)45,000 Total 190,000 MAJOR APPARATUS 88014 PA Grant (2021)200,000 Sale of E One Engine (2022)100,990 Sale of (3) E One Engines (2023)383,750 2024 Expenditure District Contribution to Engine Lease -75,000 2025 Expenditure District Contribution to Engine Lease -75,000 2026 Expenditure District Contribution to Engine Lease -35,000 Balloon Payment Tower Lease -241,996 2027 Expenditure District Contribution to Engine Lease -35,000 Total 222,744 Total Committed Funds 1,279,744 Beginning Fund 1,785,653 Committed 1,279,744 Expenditures 437,325 Ending Non-Committed Fund Balance 68,584 Fund Balance 1,348,328 Expenditures Expenditures from Committed Capital Funds Committed/Saved Capital Funds 6.5 ((a/A) + (p/P) + (v/V) / 3) x 100 = Percentage of total budget due from specified municipality Crystal New Hope District a = municipality's avg. calls over 5 years 873 1,103 p = municipality's population (2020 census)23,330 21,986 v = municipality's taxable market value in millions 2,770 2,808 A = district's avg. calls over 5 years no mutual aid 1,976 P = district's population (2020 census)45,316 V = district's taxable market value in millions 5,578 Percentage a/A 44.1802%55.8198% Percentage p/P 51.4829%48.5171% Percentage v/V 49.6594%50.3406% 48.4408%51.5592%100.00% 100.0000% Required contributions from cities $1,800,351.01 $1,916,247.99 $3,716,599.00 Monthly contribution $150,029.25 $159,687.33 (1) Average calls based on calls for the years 2019 through 2023 without mutual aid. (2) 2024 Taxable market values from Hennepin County report dated 12/20/2023 Contributions from Cities Set to Equal: 2025 General Fund Operating Budget $2,855,674 2025 Capital Plan Budget $325,000 2025 Pension Special Revenue Fund $200,000 2025 Insurance Special Revenue Fund $10,000 2025 Compensated Absences Special Revenue Fund $10,000 2025 Aerial Lease $103,600 2025 Engine Lease $212,325 2025 Total Amount to be Contributed from Cities $3,716,599 WEST METRO-FIRE RESCUE DISTRICT Cost Sharing Formula Calculation in 2024 for use in the 2025 Budget 8/7/2024 10:49 6.5 Memorandum DATE: August 20, 2024 TO: City Council FROM: Jesse Struve, PE, Director of Public Works / City Engineer SUBJECT: Approve the Joint Powers Agreement with Shingle Creek Watershed Management Commission. Summary The enclosed Shingle Creek Watershed Management Commission Joint Powers Agreement is presented for consideration and action by the City Council to continue the City’s participation in the watershed management organization along with the other cities within land in the watershed. Since the early 1980’s, cities in the metropolitan area have been required to manage surface water in accordance with the Metropolitan Water Management Program set out in Minnesota Statutes, sections 103B.201 through 103B.253 (“Act”). To address that requirement, the City, together with the other cities in the watershed, adopted a joint powers agreement in 1984 to form the Watershed Management Commission. The Watershed Management Commission constitutes a joint powers watershed management organization under Minnesota Statutes, section 103B.211 and is authorized to carry out the duties under the Act. Since its formation, the Watershed Management Commission has developed and adopted watershed management plans and assisted with funding water quality and flood control projects throughout the watershed. Additional information on the Watershed Management Commission and its work is provided in the enclosed background sheet. The joint powers agreement has been amended and renewed since its original adoption, with the current agreement expiring on December 31, 2024. The text of the joint powers agreement has not been substantially updated since its original adoption in 1984, when the parties could only speculate about how these newly created watershed management organizations would operate. A lot has been learned since then. The Watershed Management Commission now has decades of operational experience and a long history of successful water projects. The updated joint powers agreement better reflects how the Watershed Management Commission actually operates, removes some of the historic language that is no longer needed, and addresses the current requirements in the statutes and rules. While the wording was substantially updated to create the current agreement, there were relatively few substantive changes. The primary changes from the previous agreement are: 6.6 • The Commission may pay the registration fee (only) for Commissioners to attend in-state educational conferences. The Commission does not pay Commissioners and does not otherwise reimburse their expenses. • The list of Commission powers was revised to remove one that authorized the Commission to order cities to perform certain water related maintenance activities and another that allowed the Commission to order cities to construct certain drainage projects or improvements. The Commission’s authority to undertake projects on its own was also clarified in the agreement, along with a better explanation of non-CIP and CIP projects specifying which types of projects may only be undertaken by a member city and which types may be approved and contracted by the Commission. • The term of the agreement is 20 years. The original agreement had a 20-year term, which was then extended by 10 years when other amendments were adopted. The agreement was then extended for an additional 10 years. The Commission considered recommending a 30-year term for this renewal, but settled on a 20-year term as the appropriate balance between wanting to limit the costs and effort to update and obtain renewed approvals and providing a reasonable opportunity for all members to review and make updates as needed. • The dispute resolution process was changed from arbitration to mediation. The financial protections and contribution caps the member cities amended into the agreement in 2004 remain in the agreement. There were no changes to the appointment of Commissioners, alternates, or their voting authority. As with any joint powers agreement, all member cities need to adopt the same agreement language. The Commission, and its Technical Advisory Commission made up of city staff, spent several meetings and a work session discussing the updates to the agreement and, on July 11, 2024, the Commission voted to forward the enclosed joint powers agreement to the member cities with a recommendation that it be adopted. The joint powers agreement is now before the City Council for consideration and approval. Attachment • Watershed Background One Pager • Shingle Creek Watershed Management Commission Joint Powers Agreement Recommended Action • Motion to approve Shingle Creek Watershed Management Commission Joint Powers Agreement 6.6 www.shinglecreek.org Shingle Creek and West Mississippi Watershed Commissions What do the Watershed Commissions do? We partner with cities, property owners, and others to protect and improve lakes, streams, and wetlands. The Watershed Commissions: Monitor water quality in lakes and streams Set policy and standards Support cities with their NPDES permits Provide education and outreach programming Complete feasibility studies for potential projects Collaboratively implement water quality and flood mitigation projects Leverage grant funding and partnerships to move projects forward We are governed by citizen boards and advised by a technical advisory committee of key city staff. What is the history of the Commissions? The Commissions’ roots go back to the early 1970s, when seven cities jointly funded the Shingle Creek Basin Management Study. The cities saw an opportunity in jointly managing the watersheds through common standards, water quality monitoring, and evaluations of flooding potential. The Shingle Creek and West Mississippi Watershed Management Commissions (SCWM) were officially established in 1984 after the 1982 Surface Water Management Act required the Metro area be divided into drainage areas. These areas are under the planning and oversight of watershed management organizations (WMOs) based on drainage boundaries rather than county or municipal boundaries. Minnesota Statutes allowed cities to form either a watershed district or a joint powers commission. The cities did not wish to create “another layer of government,” or more importantly, another taxing body. The joint powers type of organization was selected because cities believed it provided the best balance of watershed wide policies and strategies while retaining flexibility and local input at the lowest cost. Why are Shingle Creek and West Mississippi separate WMOs? At the time the WMOs were established, the landscape in the two watersheds was very different. There are 16 lakes and several streams in Shingle Creek, and the land was more developed. The water resources in West Mississippi were primarily wetlands, and there were still agricultural lands. The cities decided to establish separate watershed entities, but over time with development they have become more alike. Currently they operate as “sister” organizations, planning and operating jointly but maintaining their distinct identities. Shingle Creek and West Mississippi Watershed Member Cities Brooklyn Center (SC and WM) Brooklyn Park (SC and WM) Crystal (SC only) Champlin (WM only) Maple Grove (SC and WM) Minneapolis (SC only) New Hope (SC only) Osseo (SC and WM) Plymouth (SC only) Robbinsdale (SC only) Read more about our accomplishments! 6.6 Water quality in the lakes has improved! When evaluated in the early 2000s, 13 of the 16 lakes in the watershed did not meet state water quality standards for nutrients and were listed as “Impaired Waters,” with poor water clarity, excessive algae blooms, and degraded aquatic ecosystems. The Commission and cities implemented plans of action and five of those lakes now meet standards and have been “delisted.” Several other lakes are currently under active management and improving. Water quality in the streams has gotten better…to a point. Long-term monitoring shows nutrients and sediment are improving in Shingle and Bass Creeks, from a combination of stream stabilization and other projects, better erosion control and enhanced street sweeping. Unfortunately, chloride concentrations from road salt remain stubbornly high. We’re partnering with other WMOs to expand our reach and resources. The West Metro Water Alliance (WMWA) is a partnership between SCWM and Elm Creek and Bassett Creek WMOs. WMWA pools resources to offer education and outreach throughout the four watersheds. A notable program is Watershed PREP that provides classroom instruction to fourth graders. Over 22,000 students have participated. This education partnership was recently expanded to include Hennepin County and the Richfield-Bloomington WMO, who help fund a shared education coordinator dedicated to developing and delivering common messaging and coordination. What are some of these projects? Over the last 10 years, the Commission was awarded over $3.5 million in grants for water quality improvement projects. The Commission provided over $5 million in cost-share funds to help cities undertake nearly 30 projects, including the award-winning Becker Park Infiltration Project in Crystal; channel stabilization projects on Shingle Creek and Bass Creek; alum treatments on Bass, Pomerleau, Crystal and Meadow Lakes; carp management on Crystal and Twin Lakes; and a drawdown of Meadow Lake. What’s coming up? Some exciting city/watershed actions planned or underway are: Phosphorus load reductions in Eagle and Pike Lakes in Maple Grove/Plymouth Continued invasive carp management in Crystal and Twin Lakes Additional Shingle Creek stream restoration projects in Brooklyn Park and Minneapolis Collaborative work toward Mississippi Riverbank restorations in Brooklyn Park Increased emphasis on reducing chloride and bacteria pollution in our waters An ongoing assessment of climate vulnerabilities and resiliency actions Enhanced outreach and engagement with our increasingly more diverse population STATUS OF LAKES Meet Standards: •Schmidt •Lower Twin •Ryan •Bass •Pomerleau Current Projects: • Meadow • Crystal • Eagle • Pike More information can be found on the Commissions’ website www.shinglecreek.org. 6.6 1 SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT is made and entered into by and among the cities of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale. The cities that are parties to this Agreement may hereafter be referred to individually as a “Member” or collectively as the “Members.” RECITALS A. Local government units in the metropolitan area are required by the Metropolitan Water Management Program (Minn. Stat. § 103B.201 to 103B.255) to plan for and manage surface water. B. Under the Act, one of the options available to local government units to satisfy the requirements of the Act is to adopt a joint powers agreement pursuant to Minn. Stat. § 471.59 to establish a watershed management organization to jointly plan for and manage surface water within a watershed. C. The Members preferred to manage surface waters through a joint board rather than the traditional watershed model and acted pursuant to the new authority to adopt a joint powers agreement in 1984 establishing the Shingle Creek Watershed Management Commission to cooperatively manage and plan for the management of surface water within the Watershed. D. The original joint powers agreement has been updated and amended several times, and the term of the current joint powers agreement expires on December 31, 2024. E. The Members previously acted pursuant to their authority to establish the “Shingle Creek Watershed Board of Commissioners” and said Board is hereby reaffirmed as the entity charged with the authority and responsibility to manage the Commission. F. The Board has previously acted to adopt a Watershed Management Plan for the watershed and has regularly updated the Watershed Management Plan in accordance with law. G. The Commission works cooperatively with Hennepin County, Three Rivers Park District, and several other stakeholders to achieve the goals of the Watershed Management Plan. H. The Members desire to enter into this Agreement to reaffirm the Commission and the Board in furtherance of its efforts to continue working cooperatively to prepare and administer a surface water management plan to manage surface water within the watershed in accordance with the Act and Minn. R., chapter 8410. 6.6 2 AGREEMENT In consideration of the mutual promises and agreements contained herein, the parties mutually agree as follows: SECTION I ESTABLISHMENT, GENERAL PURPOSE, AND DEFINITIONS 1.1 Reaffirming the Establishment. The Members hereby reaffirm and ratify the establishment and continued operation of the “Shingle Creek Watershed Management Commission” pursuant to the Act and such other laws and rules as may apply. 1.2 General Purpose. The general purpose of this Agreement is to continue the Commission and its work on behalf of the Members to cooperatively adopt, administer, and update as needed the Watershed Management Plan, and to carry out the purposes identified in Minn. Stat. § 103B.201 and the other provisions of the Act. The plan and programs shall operate within the boundaries of the Shingle Creek Watershed as identified in the official map filed with the Minnesota Board of Soil and Water Resources. The most current version of the official map defining the boundaries of the Watershed is incorporated herein by reference. The boundaries of the Watershed are subject to change utilizing the procedure set out in Minn. Stat. § 103B.225 as may be needed to better reflect the hydrological boundaries of the Area. 1.3 Definitions. The definitions contained in Minn. Stat. § 103B.205 and Minn. R., part 8410.0020 are hereby adopted by reference, except that the following terms shall have the meanings given them in this section. (a) Act. “Act” means the Metropolitan Surface Water Management Program set out in Minn. Stat. §§ 103B.201 to 103B.255. (b) Alternate Commissioner. “Alternate Commissioner” means the person appointed by a Member to serve as its alternate to represent the Member on the Board in the absence or disability of its appointed Commissioner. (c) Board. “Board” means the board of commissioners established by this Agreement to manage and make decisions on behalf of the Shingle Creek Watershed Management Commission. (d) Capital Improvement. “Capital Improvement” has the meaning given it in Minn. R., part 8410.0020, subp. 3 and includes the purchase of capital equipment that satisfies the eligibility criteria established by the Board for funding as a CIP Project. (e) Capital Improvement Program. “Capital Improvement Program” has the meaning given the term in Minn. Stat. § 103B.205, subd. 3. 6.6 3 (f) CIP Project. “CIP Project” means a planned Capital Improvement that is part of the Commission’s Capital Improvement Program, is set out in its Water Management Plan, and is eligible for funding by the Commission. (g) City Council. “City Council” means the city council of a Member to this Agreement. (h) Commission. “Commission” means the watershed management organization established by this Agreement in accordance with the Act, the full name of which is the “Shingle Creek Watershed Management Commission.” (i) Commissioner. “Commissioner” means the person appointed by a Member as its primary representative on the Board. (j) County. “County” means Hennepin County, Minnesota. (k) Local Water Plan. “Local Water Plan” means the local water management plan each Member is required to develop and have reviewed as provided in Minn. Stat. § 103B.235 and Minn. R., part 8410.0160. (l) Member. “Member” means a city that is a signatory to this Agreement and is identified in section 2.1 of this Agreement. (m) Non-CIP Project. “Non-CIP Project” means a project undertaken by a Member or the Commission pursuant to this Agreement that does not qualify as a CIP Project and is not part of the projects included in the amount certified to the County to be included in the County’s levy. Examples of Non-CIP Projects include, but are not limited to, research projects, feasibility studies, water quality projects, maintenance projects. (n) TAC. “TAC” means the Technical Advisory Committee established by the Board and that is made up of a representative each Member, as appointed by the Member. (o) Watershed. “Watershed” means the Shingle Creek Watershed, which includes the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to Shingle Creek and within the mapped areas delineated on the map filed with the Minnesota Board of Water and Soil Resources pursuant to the Act. (p) Watershed Management Plan. “Watershed Management Plan” means the plan developed and adopted in accordance with the Act, including all amendments and updates. 6.6 4 SECTION II MEMBERSHIP 2.1 Members. The following local government units are Members of the Commission: City of Brooklyn Center, City of Brooklyn Park, City of Crystal, City of Maple Grove, City of Minneapolis, City of New Hope, City of Osseo, City of Plymouth, and City of Robbinsdale. 2.2 Effect of Changes. No change in governmental boundaries, structure, or organizational status shall affect the eligibility of any local government unit listed above to be represented on the Commission, so long as such local government unit continues to exist as a separate political subdivision. SECTION III BOARD OF COMMISSIONERS 3.1 Establishment. The Members hereby reaffirm the establishment and continued operation of the “Shingle Creek Watershed Board of Commissioners” in accordance with the Act. The Board shall carry out the purposes and have the powers as provided herein. 3.2 Board Appointments. The Commission is governed by the Board, which is comprised of nine Commissioners appointed by the Members. Each party to this Agreement is a Member of the Board and shall determine the eligibility and qualifications of its representative on the Board. (a) Commissioner. Each Member is responsible for appointing one person to serve as its representative (“Commissioner”) on the Board. Each Member is responsible for publishing a notice of a vacancy, whether resulting from expiration of its Commissioner position or otherwise, as required in Minn. Stat. § 103B.227, subd. 2. Each Commissioner shall have one vote on the Board and must be present to vote. The authority of a Commissioner to vote shall be suspended if the appointing Member is delinquent in making any payments due to the Commission. The voting authority of the Commissioner shall be restored once the Member pays all past due amounts. (b) Alternate Commissioner. Each Member may also appoint one Alternate Commissioner (“Alternate Commissioner”) to the Board in the same manner required to appoint a Commissioner. The Alternate Commissioner may attend all meetings and speak during the public input portion of the meeting, but is only authorized to vote at a Board meeting in the absence or disability of the appointing Member’s Commissioner. If the absent Commissioner is also an officer of the Board, the Alternate Commissioner shall not be entitled to serve as such officer. If necessary, the Board may select a current Commissioner to temporarily undertake the duties of the absent officer. 6.6 5 (c) Term. The term of each Commissioner and Alternate Commissioner shall be three years commencing on February 1st. The terms are staggered so that no more than three Commissioners are up for appointment in a single year. The Commissioners from the Cities of Brooklyn Center, Brooklyn Park, and Crystal are appointed in the same year; the Commissioners from the Cities of Maple Grove, Minneapolis, and New Hope are appointed in the same year; and the Commissioners from the Cities of Osseo, Plymouth, and Robbinsdale are appointed in the same year. A Commissioner and an Alternate Commissioner shall serve until their successors are selected and qualify, unless they resign or are removed earlier as provided herein. (d) Notices. A Member shall provide the Commission written notice of its appointments, including the resolution making the appointments or a copy of the minutes of the meeting at which the appointments were made. The Commission shall notify BWSR of appointments and vacancies within 30 days after receiving notice from the Member. Members shall fill all vacancies within 90 days after the vacancy occurs. (e) Vacancy. A Member shall notify the Commission in writing within 10 days of the occurrence of a vacancy in its Commissioner or Alternate Commissioner positions. The Commission will notify BWSR of the vacancy within 30 days of receiving the notice of a vacancy as required by Minn. Stat. § 103B.227, subd. 1. The Member shall publish notice of the vacancy at least once in its official newspaper as required by Minn. Stat. § 103B.227, subd. 2. The notices must state that those interested in being appointed to serve on the Commission may submit their names to the Member for consideration. The notice must be published at least 15 days before the Member’s City Council acts to fill the vacancy. The City Council must make the appointment within 90 days from the occurrence of the vacancy. The Member shall promptly notify the Commission of the appointment in writing. The appointed person shall serve the unexpired term of the position. (f) Removal. The City Council of a Member may remove its Commissioner for just cause as provided in Minn. Stat. § 103B.227, subd. 3 and in accordance with Minn. R., part 84100.0040. If a Commissioner is an elected official, or is an appointed official serving an indefinite term at the pleasure of the City Council, the City Council may remove the person at will, including if the person is not reelected. A Member may remove its Alternate Commissioner without cause. The Member shall notify the Board of the removal in writing within 10 days of acting to remove the Commissioner. The Commission shall notify BWSR of the vacancy within 30 days of receiving notice of the removal. The City Council shall act to fill the vacancy created by the removal within 90 days as provided in this Agreement. 3.3 Compensation and Expenses. Commissioners and Alternate Commissioners shall serve without compensation from the Commission. Commission funds may, but are not required to, be used to pay or reimburse the attendance fee for Commissioners and 6.6 6 Alternate Commissioners to attend an in-state educational conference related to the Commission’s business if authorized by the Board in advance of the conference. Other expenses associated with attending a conference are not eligible for reimbursement by the Commission. Nothing herein prohibits a Member from choosing, in its sole discretion and cost, to compensate or reimburse the expenses of its Commissioner or Alternate Commissioner. 3.4 Board Officers. Each year at its February meeting the Board shall elect from among its Commissioners a Chair, Vice Chair, Secretary, and Treasurer. All such officers shall hold office for a term of one year until their successors have been duly elected by the Board. An officer may serve only while they remain a Member of the Board. A vacancy in an officer position shall be filled by Board election for the remainder of the unexpired term of such office. 3.5 Duties of Board Officers. The Chair shall serve as the presiding officer at Board meetings, execute documents on behalf of the Board, sign checks, and perform other duties and functions as may be determined by the Board. The Vice-Chair shall undertake the duties of the Chair in the absence or disability of the Chair. The Secretary shall maintain the records of the Commission, Board meeting minutes, ensure meetings are properly noticed, countersign documents with the Chair, and perform such other duties as assigned by the Board. The Secretary may delegate one or more specific duties of the position. The Treasurer shall oversee the Commission’s budget and finances, sign checks, and perform such other duties as assigned by the Board. 3.6 Quorum. A majority of the Commissioners shall constitute a quorum. Less than a quorum may adjourn a scheduled meeting. A simple majority of a quorum is required for the Board to act unless a higher number of votes is required by law or this Agreement. A Board vacancy or the suspension of voting rights as provided herein shall temporarily reduce the number of Commissioners required for a quorum. 3.7 Meetings. The Board shall conduct meetings in accordance with the Minnesota Open Meeting Law (Minn. Stat., chap. 13D) and this section. (a) Regular Meetings. The Board shall develop a schedule of its regular meetings. The Board shall post the schedule on the Commission’s website and provide a copy to each Member. The Secretary shall maintain a copy of the schedule of regular meetings. The Chair and Vice-Chair may cancel a meeting due to a lack of business items. The Secretary shall make a good faith effort to notify Commissioners of a meeting cancellation. (b) Special Meetings. The Board may hold such special meetings as it may determine are needed to conduct the business of the Commission. A special meeting may be called by the Chair or by any two Commissioners. The Secretary shall post and provide notice of special meetings to the Commissioners. Emailing notices to Commissioners shall constitute sufficient notice under this Agreement. 6.6 7 (c) Annual Meeting. The February Board meeting shall constitute the annual meeting of the Commission. (d) Rules of Procedure. The Board shall conduct its meetings generally in accordance with the procedures set out in the most current version of Robert’s Rules of Procedure without requiring strict conformance to its requirements. The Board may modify such rules as it determines is appropriate to facilitate the conducting of its business or adopt a different set of rules for its meetings. The Board may amend its rules from time to time as it determines is appropriate upon a majority vote of all Commissioners. The Board may also waive one or more specific rules as it determines are necessary to facilitate the conducting of its business. Voting and statutory requirements are not waivable. SECTION IV POWERS AND DUTIES OF THE BOARD 4.1 Powers. The Board is authorized to exercise the powers in this section to carry out the purposes of the Commission. (a) Powers Granted. The Board shall have the following powers. (1) It may contract with or employ such persons or entities as it deems necessary to accomplish its duties and powers. Any employee may be on a full-time or part-time basis as the Board determines. Such employees and contracted consultants shall be considered Commission staff. (2) It may contract for space, materials, supplies, and services to carry on its activities. (3) It may acquire necessary personal property to carry out its powers and its duties. (4) It shall prepare, adopt, implement in accordance with this Agreement, and update a Watershed Management Plan that satisfies the requirements of Minn. Stat. § 103B.231. The Watershed Management Plan shall address all items required by applicable laws and rules. In preparing said plan, the Board may consult with the engineering and planning staff of each Member and the Metropolitan Council and other public and private bodies to obtain and consider projections of land use, population growth, and other factors which are relevant to the improvement and development of the Watershed. (5) It shall develop and adopt a capital improvement program as part of the Watershed Management Plan. The Board shall determine which projects to include in the capital improvement program. 6.6 8 (6) It may undertake projects, including those provided in its capital improvement program, in accordance with the Watershed Management Plan and this Agreement. It may acquire a temporary interest in real property if required to facilitate a project. (7) It shall make necessary surveys or utilize other reliable surveys and data and develop projects to accomplish the purposes for which the Commission is organized. (8) It may cooperate or contract with the State of Minnesota, any political subdivision thereof, federal agency, or private or public organization to accomplish the purposes for which it is organized. (9) It shall regulate, conserve, and control the use of storm and surface water and groundwater within the Watershed. (10) It may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. (11) It may acquire, establish, and maintain devices acquiring and recording hydrological and water quality data within the Watershed. Devices acquired by the Board are owned by the Commission and shall be made available for use by Members as the Board determines is reasonable. (12) It may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting therefrom but every person who claims damages shall serve the Chair or Secretary of the Board with a Notice of Claim as required by Minn. Stat. § 466.05. (13) It shall provide any Member with technical data or any other information of which the Commission has knowledge which will assist the Member in preparing land use classifications or local water management plans within the Watershed. (14) It may provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board, or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Watershed. The use of Commission funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing Members of the Commission. Such a vote is not required for the Board to expend Commission funds in the defense of a suit brought against the Commission or its Commissioners, in 6.6 9 accordance with applicable laws, to the extent such costs are not paid by the Commission’s insurer. (15) It may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Commission not currently needed for its operations, in the manner and subject to the laws of Minnesota applicable to statutory cities. (16) It may collect monies, subject to the provisions of this Agreement, from its Members, the County, and from any other source approved by a majority of its Board. The Board may accept gifts and seek and accept grants. (17) It may make contracts, incur expenses, and make expenditures necessary and incidental to the effectuation of these purposes and powers and may disburse therefor in the manner hereinafter provided. (18) It shall cause to be made an annual audit of the books and accounts of the Commission by a certified public accountant or the State Auditor, and shall transmit a copy of the annual audit to each Member, all in compliance with the requirements of M.R., part 8410.0150. (19) Its books, reports, and records shall be available for and open to inspection by the Members at all reasonable times. (20) It may recommend changes in this Agreement to the Members. (21) It may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by the Act and such other law as may apply. (22) It shall cooperate with the applicable state agencies in complying with the requirements of Minn. Stat., chap. 103G. (23) Each Member reserves the right to conduct separate or concurrent studies on any matter under study by the Commission. (24) It may define and designate subtrunk and subdistricts within the watershed, and shall have authority to separate the watershed into different subtrunks and subdistricts, and to allocate capital improvement costs to a subtrunk or subdistrict area if that district is the only area that benefits from the capital improvement. (25) It shall establish a procedure for establishing citizen or technical advisory committees and to provide other means for public participation. 6.6 10 (b) Powers Reserved. The Board shall not have any of the powers identified in this paragraph. Expressly identifying specific powers reserved to the Members is not intended to expand, by negative implication, the powers granted above to the Board. (1) Eminent Domain. The Commission does not have the power of eminent domain. Any easements or other interests in land necessary to be acquired for an Improvement Project shall be acquired as provided below. (2) Real Property. The Commission shall not own any interest in real property. All interests in lands shall be held in the name of the Member wherein said lands are located. This provision does not prohibit the Commission from acquiring a temporary interest in real estate as needed to conduct studies, undertake a project, or to otherwise carry out its duties. (3) Bonding. The Commission does not have the power to issue certificates, warrants, or bonds. (4) Special Assessments. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the Member wherein said lands are located. It shall have the power to require any Member to contribute the costs allocated or assessed according to the other provisions of this Agreement. (5) Land Use Regulations. The Commission shall not have the authority to regulate the use and development of land under Minn. Stat. § 103B.211, subd. 1(a)(3). 4.2 Collection or Diversion of Waters. Each Member agrees that it will not directly or indirectly collect or divert any additional surface water to Shingle Creek or its tributaries without a project review by the Commission in accordance with the Water Management Plan. A Member may proceed with the construction or reconstruction of improvements within the individual Members' boundaries, and at its sole cost, upon the Board finding: (a) That there is an adequate outlet; (b) The construction is in conformance with the overall plan; and (c) The construction will not adversely affect other Members of this Agreement. 4.3 Local Water Plans. (a) Development. Each Member agrees to develop and maintain a Local Water Plan, capital improvement program, and official controls as necessary to bring local water management into conformance with the Watershed Management Plan. The development and implementation of Local Water Plans shall conform with all 6.6 11 requirements of the Act, including Minn. Stat. § 103B.235 and Minn. R., part 8410.0160. In accordance with the Act, the Board shall approve or disapprove each local plan or any parts of each plan. The Members understand that the Watershed Management Plan, including the Commission’s capital improvement program, must consist of local parts and therefore every effort shall be made by the Commission and all Members to coordinate local plans with the Watershed’s overall plan, including planning for local plans at the same time the Watershed’s overall plan is being developed. (b) Review. Each Member shall submit its proposed Local Water Plan to the Metropolitan Council and the Board for review as required by Minn. Stat. § 103B.235. The Board shall consider any comments on the Local Water Plan received from the Metropolitan Council and shall act on said plans in accordance with the Act. 4.4 Pollution Control and Water Quality. The Commission shall have the authority and responsibility to protect and improve water quality in the Watershed as this is one of the main purposes set forth in the Act. All Members agree that they will refuse to allow the drainage of sanitary sewage or industrial pollutants onto any land or into any watercourse or storm sewer draining into the Watershed. The Board may investigate on its own initiative, or request a Member to investigate, a complaint relating to pollution of surface water or groundwater draining into or affecting the Watershed. If the Board determines the Watershed is being polluted by an identifiable source, the Board may order the Member to abate this nuisance and each Member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water and groundwater in the Watershed. 4.5 Boundary Changes. Any changes to the boundaries of the watershed shall be undertaken in accordance with Minn. Stat. § 103B.215. SECTION V PROJECTS 5.1 Capital Projects and Non-Capital Projects. The Board may undertake, in conformity with this Agreement, Non-CIP Projects and CIP Projects. CIP Projects typically involve entering into a cooperative agreement with a Member, which has the Member assuming responsibility for letting the contract and overseeing construction of the project. 5.2 Process for Non-CIP Projects. The Board may initiate and undertake a Non-CIP Project upon a majority vote of all eligible Commissioners. If a Non-CIP Project is for a research project, feasibility study, or the like, the Board may proceed on its own. In such instances, the Commission may, with the approval of the Board, contract in its own name to complete such projects. If the Non-CIP Project is for implementation of a research project or study, a water quality project, maintenance, or the like, then the Board may only proceed in cooperation with the Member(s) where such projects will take place. In such instances, The Commission may contract in its own name to complete such projects 6.6 12 or enter into a cooperative agreement with a Member to have the Member undertake the project on its own or in cooperation with the Commission. 5.3 Process for CIP Projects. The process for undertaking a CIP Project is as follows. (a) Initiation. A CIP Project may be proposed by a Member or by the Board based on subwatershed assessments, lake/stream resource assessments, inspections, or a particular need or issue identified by a Member or the Board. A proposed project shall be submitted to the TAC and the Board to determine if there is sufficient support to proceed to a feasibility study. (b) Feasibility Study. If requested by the Board, the Commission Engineer, or other engineering firm, shall study the feasibility of a proposed CIP Project and report its findings to the TAC and the Board. The report shall include an opinion of probable cost and how the project would be funded. The Board shall consider the feasibility study and decide whether to proceed with the proposed project. (c) Plan Amendments. Proposed CIP Projects are amended into and made part of the Watershed Management Plan. The process the Commission must undertake to amend a CIP Project into the Watershed Management Plan depends on whether it constitutes a minor plan amendment or a major plan amendment as described below. (1) Minor Plan Amendment. The addition of a proposed CIP Project to the Watershed Management Plan typically constitutes a minor plan amendment that can be accomplished following the process set out in the Watershed Management Plan and Minn. R., part 8410.0140, subpart 2. A public hearing is not required for a minor plan amendment. (2) Major Plan Amendment. If a proposed amendment does not qualify as a minor amendment, the Commission must undertake the major plan amendment process to add the CIP project to the Watershed Management Plan. The major plan amendment process is set out in the amendment section of the Watershed Management Plan, Minn. Stat. § 103B.231, subd. 11, and Minn. R., part 8410.0140. The public hearing required under Minn. Stat. § 103B.231, subds. 11 & 7(c) for a major plan amendment may be held in conjunction with the public hearing required to request the County to levy funds for the project under Minn. Stat. § 103B.251, subds. 3 & 4, provided the requirements of both procedures can be satisfied at the single hearing. (d) Public Hearing. If the Board proposes to pay any portion of a CIP Project with funds to be raised through a County levy under Minn. Stat. § 103B.251, the Board must call and conduct a public hearing as provided in the statute and this paragraph. A public hearing is not required if the CIP Project is funded entirely from funds on hand, grants, or a combination thereof, and does not require the Board to certify any project costs to the County to be levied under Minn. Stat. § 6.6 13 103B.251. When a public hearing is required, it shall be conducted in accordance with the following. (1) Calling. The Board must act by motion or resolution to call a public hearing on the proposed CIP Project. The Board shall set the date, time, and place for the public hearing. (2) Notice. The Board shall provide notice of the public hearing in accordance with Minn. Stat. § 103B.251, subd. 3. (3) Conducting. The Board shall conduct the public hearing at the scheduled date, time, and place to hear from the public and to consider the proposed CIP Project. Prior to taking public comment, the Commission Engineer shall provide a brief overview of the proposed CIP Project, an estimate of project cost, and a description of how the project will be funded. (4) Board Decision. Once the public input portion of the public hearing is closed, the Board shall discuss and decide whether to approve the proposed CIP Project. The Board shall act by resolution to approve a CIP Project, which shall require a favorable vote by two-thirds of all eligible votes of the then existing Commissioners. The resolution shall, at minimum, order the project, identify the responsible engineer, identify the Member responsible for letting the contract and overseeing construction, set out the estimated cost and funding sources, authorize the Commission to enter into a cooperative agreement with the responsible Member, and certify a levy to the Hennepin County Auditor for the amount to be levied by the County for the project. 5.4 Responsible Member. (a) Member Projects. The Board shall work with Members to facilitate the completion of specific Non-CIP Projects and CIP Projects within their jurisdictional boundaries in accordance with the Watershed Management Plan. For any project that will be constructed by one or more Members and reimbursed by the Commission, to the extent authorized by the Board, the Member(s) responsible for implementing the project and the Board shall negotiate a cooperative agreement, in good faith, providing for terms and conditions related to the project and any such reimbursement. If any portion of the project is funded by a grant obtained by the Commission, the cooperative agreement shall include a subgrant agreement requiring the responsible Member to be responsible for complying with the applicable terms and conditions of the grant agreement. The terms of this paragraph shall also apply to any Commission project that may be constructed by any other entity, public or private, if construction by such entities is deemed appropriate by the Commission. 6.6 14 (b) Commission Projects. The Commission, if approved by the Board, is authorized to undertake and contract for a CIP Project that is not required to be let by sealed bid under Minn. Stat. § 471.345. Such contracts shall be let in the Commission’s name and must be in accordance with the Watershed Management Plan and all applicable laws and regulations related to public procurement and contracting. Approval of Commission contracts for CIP Projects shall require a favorable vote by two-thirds of all eligible votes of then existing Commissioners. 5.5 Contracts for Improvements. (a) Letting Contracts. All contracts for projects ordered by the Commission shall comply with the requirements of laws applicable to contracts let by the respective Member making such contract. The Commission shall not have the authority to contract in its own name for any work for which a special assessment will be levied against any private or public property under the provisions of Minn. Stat., chap. 429 or any city charter, and such contracts shall be awarded by action of the City Council of a Member and shall be in the name of said Member. This subsection shall not preclude the Commission from proceeding under Minn. Stat. § 103B.251 or from otherwise proceeding under this Agreement for projects that will not be specially assessed under Minn. Stat., chap. 429. (b) Contract Administration. All improvement contracts will be duly supervised by the Member awarding the contract, provided, however, that the Commission shall be authorized to observe and review the work in progress and the Members agree to cooperate with the Commission staff in accomplishing the purposes of this Commission. Representatives of the Commission shall also have the right to enter upon the place or places where any improvement work is in progress for the purpose of making reasonable tests and inspections. Commission staff shall report, advise, and recommend to the Board on the progress of said work. 5.6 Land Acquisition. Because the Commission does not have the power to acquire real property, the Members agree that any and all permanent easements or interests in land which are necessary for any project will be negotiated or condemned in accordance with all applicable laws by the Member wherein said lands are located, and each Member agrees to attempt to acquire the necessary easements or interests in such land upon order of the Commission to accomplish the purposes of this Agreement. All reasonable costs of said acquisition shall be considered as a cost of the respective improvement. If a Member determines it is in the best interests of that Member to acquire additional lands in conjunction with the taking of lands for the Commission-ordered improvement, or for some other purpose, the costs of said acquisition will not be included in the improvement costs of the ordered project. The Board in determining the allocation of the improvement costs may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring Member for said land acquisition to the extent that it benefits the other Members of this Agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board, if feasible and necessary, may defer said credits to a future project. 6.6 15 5.7 CIP Project Funding. (a) Member Contributions. The Member responsible for constructing a CIP Project, together with any other identified benefiting Members, shall contribute toward the project such amounts as identified in the Board’s resolution ordering the project and in accordance with the terms of the cooperative agreement entered into for the project. (b) Commission Contributions. The Commission shall contribute toward the project such amounts as identified in the Board’s resolution ordering the project and in accordance with the terms of the cooperative agreement entered into for the project. The contribution from the Commission may include grant funds it has received for the project. In such cases, the Board and the responsible Members enter into a subgrant agreement, which may be part of the cooperative agreement, setting out the obligations of the Member to ensure compliance with the gran requirements. The Commission’s contribution is in addition to any amounts contributed by Members or other private or public entities. If the Commission’s contribution is dependent on an amount to be levied by the County, the contribution is contingent on the Commission receiving such amount from the County. (c) Maintenance Levy. The Commission may establish a maintenance fund to be used for normal and routine maintenance of a work of improvement constructed in whole or part with money provided by Hennepin County. As provided in Minn. Stat. § 103B.251, subd. 9, the Board may impose, with the County’s consent, an ad valorem levy on all property located within the territory of the Watershed or a subwatershed unit. The levy shall be certified, levied, collected, and distributed as provided in Minn. Stat. §§ 103D.915 and 103D.921, as amended, and shall be in addition to any other money levied and distributed by the County to the Commission. Mailed notice of any hearing required under the aforementioned statutes shall be sent to the clerk of each Member municipality at least 30 days prior to the hearing. The proceeds of said maintenance levy shall be deposited in a separate maintenance and repair account to be used only for the purpose for which the levy was made. 5.8 Cost Allocation for CIP Projects. All capital costs incurred by the Commission shall be apportioned to the respective Members on any of the following bases. (a) County Levy. If the project is constructed and financed pursuant to Minn. Stat. § 103B.251, the Members understand and agree that said costs will be levied on all taxable property in the Watershed as set forth in said statute. (b) Negotiated Amount. A negotiated amount to be arrived at by the Members who have lands in the subdistrict responsible for the capital improvement. (c) Tax Capacity and/or Total Area. 6.6 16 (1) Fifty percent of all capital costs or the financing thereof shall be apportioned to each Member on the basis of the net tax capacity of each Member within the boundaries of the Watershed each year to the total net tax capacity in the Watershed. (2) Fifty percent of all capital costs or the financing thereof shall be apportioned to each Member on the basis of the total area of each Member within the boundaries of the Watershed each year to the total area in the Watershed. (3) Capital costs allocated under the 50% area/50% net tax capacity formula set forth above may be varied by a two-thirds vote of the Commission if: (i) any Member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a trunk benefit, or (ii) the capital improvement provides a direct benefit to one or more Members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (4) Any credits to due a Member for lands acquired by said Member to pond or store storm and surface water as provided herein shall be allowed against costs due under this section. 5.9 Emergency Projects. The Commission may perform emergency projects in accordance with Minn. Stat. § 103B.252. SECTION VI FINANCES 6.1 Generally. (a) Authority. The Commission funds may be expended by the Board in accordance with this Agreement and in accordance with the procedures as established by law and in the manner as may be determined by the Board. (b) Funds. The Commission shall have a general fund and may establish such other funds and accounts as it may determine are needed. The Commission has established a Capital Improvement Program Closed Project Account into which any levied funds remaining after the completion of a CIP Project are placed. Funds in the CIP Closed Project Account shall only be expended in accordance with a policy adopted by the Board for an authorized purpose. 6.6 17 (c) Disbursements. In no event shall there be a disbursement of Commission funds without the signature of at least two Board officers, one of whom shall be the Treasurer or the Treasurer’s authorized deputy. (d) Treasurer Bond. The Treasurer shall be required to file with the Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on said bond. (e) Depository. The Board shall designate one or more national or state bank or trust companies, authorized by Minn. Stat., chaps. 118A and 427, or such other law as may apply, to receive deposits of public moneys and to act as depositories for the Commission funds. 6.2 Commission’s General Fund. The Commission’s general fund is funded by an annual contribution from each Member and is used to pay for general administration purposes including, but not limited to, salaries, rent, supplies, development of the Watershed Management Plan, engineering and legal expenses, insurance, and bonds, and to purchase and maintain any personal property deemed necessary by the Commission in furtherance of its purposes and powers as articulated in this Agreement. Said funds may also be used for normal maintenance of any facilities, but any extraordinary maintenance or repair expense shall be treated as an improvement cost and processed in accordance with the provisions for CIP Project funding under this Agreement. The annual contribution by each Member shall be based fifty percent (50%) on the net tax capacity of all property within the Watershed and fifty percent (50%) on the basis of the total area of each Member within the boundaries of the Watershed each year to the total area in the Watershed. 6.3 Operating Budget. The Board shall annually prepare, adopt, and submit an annual operating budget as provided in this section. (a) Adoption. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the Commission’s general fund. Budget approval shall require a favorable vote by a majority of all eligible votes of the then existing Commissioners. (b) Budget Cap. The total operating budget amount, excluding any grants, in a year shall not exceed the budget cap established as part of the prior joint powers agreement and that has been adjusted each year based on the consumer price index. The original budget cap was established in 2004 at $262,750 and has been modified each year since based, pro rata, on the annual change in the consumer price index (U.S. City Average, All Items, All Urban Consumer) to the end of the second quarter of the preceding year. In 2024, the budget cap was $446,740. The budget cap shall continue to be calculated each year by the Administrator and the operating budget prepared by the Commission for a year shall not exceed the budget cap calculated for that year. The only way the Commission’s operating budget may exceed the budget cap is if a majority of all the Members expressly 6.6 18 consent to the proposed operating budget exceeding the cap. If a proposed operating budget that exceeds the budget cap is not consented to by a majority of Members, the Commission must adjust its final operating budget so it does not exceed the budget cap. (c) Funding. The Commission’s annual operating budget is funded by an annual assessment placed on the Members, subject to certain caps, as provided herein. (d) Caps on Member Assessments. The amount annually assessed each Member to fund the operating budget shall not exceed the following caps, unless authorized as provided herein. (1) Percentage Cap. The amount to be assessed Members under the proposed budget shall not exceed 120% of the amount assessed Members under the previous year’s budget, unless the City Council of each Member adopts a resolution approving the increase. (2) Tax Capacity Cap. The amount of a Member’s annual contribution to the operating budget shall not exceed one-half of one percent of the net tax capacity of the Member’s total area located within the Watershed. (e) Budget Certified to Members. On or before July 1st, the Secretary or the Commission Administrator shall certify the operating budget to the clerk of each Member, together with a statement of the proportion of the budget to be assessed and paid by each Member. If the proposed operating budget results in any of the caps established herein being exceeded, the budget sent to the Members for review must be accompanied by a letter clearly notifying the Members of the cap being exceeded, the reasons for the proposed exceedance, and the Member approval required to approve the proposed budget. If the approvals required herein to exceed the cap are not obtained, the total budget or assessment amount shall not exceed the capped amount. (f) Member Review. The City Council of each Member agrees to review the proposed budget provided by the Commission. If any Member has any objections, they must submit them in writing to the Board prior to August 1. Upon the receipt of any such written objections, the Board shall set a date to hear the Member’s objections and shall provide all Members notice of the hearing and a copy of the written objections. After hearing the objections, the Board may modify, amend, or affirm the proposed budget by majority of all eligible votes of the then existing Commissioners. (g) Finalized. The proposed operating budget shall be considered final if no Member files an objection by August 1st. If a timely objection is received, the Board shall act to finalize the operating budget after conducting a hearing on the objections. The Board shall provide a copy of the final operating budget to each Member. If 6.6 19 there are objections, the Board shall include its findings and decision regarding such objections with the final operating budget. 6.4 Supplemental Budget. (a) Insufficient Funds. If the Board determines it will not have sufficient funds in the Commission’s general fund to pay its obligations or to otherwise fund Commission operations in the present year, the Board may adopt a supplemental budget to raise additional funds as provided herein. (b) Public Hearing. The Board shall call a public hearing on the proposed supplemental budget and provide at least 10 days’ written notice of the hearing, together with a copy of the proposed supplemental budget, to each Member. (c) Adoption. After conducting the public hearing, the Board may adopt the supplemental budget by a favorable vote of a majority of all eligible votes of the then existing Commissioners. The Board shall notify each Member of the adopted supplemental budget and the amount of additional assessment to be paid by each Member. (d) Cap. In no case may a supplemental budget cause the total operating budget to exceed either cap established in the “Caps on Member Assessments” paragraph above. The total operating budget shall not exceed the budget cap identified above unless it is approved by a majority of all the Members. (e) Additional Assessment. Members agree to pay their additional assessment to the Commission within 60 days of adoption of the supplemental budget. 6.5 Default. Any Member who is more than 60 days in default in contributing its share to the operating budget or to a CIP Project shall have the vote of its Commissioner suspended pending the payment of its proportionate share. Any Commissioner whose vote is under suspension shall not be considered for the purposes of determining a quorum or for determining the sufficiency of a vote. SECTION VII TERMINATION AND DISSOLUTION 7.1 Termination. This Agreement may be terminated prior to January 1, 2045 by the unanimous consent of the Members. If the Agreement is to be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin County at least 90 days prior to the date of dissolution. 7.2 Dissolution. In addition to the manner provided herein for terminating this Agreement, any Member may petition the Board to dissolve the Agreement. Upon 90 days notice in writing to the clerk of each Member governmental unit and to the Board of Water and Soil Resources and to Hennepin County, the Board shall hold a hearing and upon a 6.6 20 favorable vote by a majority of all eligible votes of then existing Commissioners, the Board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each Member governmental unit and if ratified by three-fourths of the City Councils of all eligible Members within 60 days, said Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. 7.3 Distribution of Assets. If this Agreement is terminated and not replaced with a new agreement providing for the continued operation of the Commission, or if the Commission is dissolved, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible Members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. SECTION VIII MISCELLANEOUS PROVISIONS 8.1 Term. This Agreement shall be effective as of January 1, 2025 and shall remain in effect until January 1, 2045, unless terminated earlier as provided herein. The Members may agree to continue this Agreement as the preferred method for addressing their obligation to address surface water issues under law. 8.2 Mediation. The Members agree that any controversy that cannot be resolved between Members shall be submitted to mediation. Mediation shall be conducted by a mutually agreeable process by all Members. If the Members are not able to mutually agree on a mediator, the party and the Board shall each select a mediator and the two mediators shall select a third. Each party to the mediation shall be responsible for the cost of the mediator it selected and shall share equally in the costs of the mediation and of the third mediator. 8.3 Data Practices. The Commission shall comply with the requirements of Minnesota Statutes, chapter 13, the Minnesota Government Data Practices Act (“Act”). Any entity with which the Commission contracts is required to comply with the Act as provided in Minn. Stat. § 13.05. The contractor shall be required to notify the Board if it receives a data request and to work with the Commission to respond to it. 8.4 Amendments. The Board may recommend changes and amendments to this Agreement to the governing bodies of the Members. Amendments shall be adopted by all governing bodies of the Members. Adopted amendments shall be evidenced by appropriate resolutions or certified copies of meeting minutes of the governing bodies of each party filed with the Board and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed. 8.5 Waiver. The delay or failure of any party of this Agreement at any time to require performance or compliance by any other party of any of its obligations under this 6.6 21 Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. 8.6 Headings and Captions. The headings and captions of these paragraphs and sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. 8.7 Entire Agreement. This Agreement, including the recitals and the official boundary map (which are incorporated in and made part of this Agreement), contains the entire understanding among the Members concerning the subject matter hereof. This Agreement supersedes and replaces the prior joint powers agreement among the Members regarding the Commission and such prior agreement is hereby terminated. Any outstanding obligations of the Members under the prior agreement are not affected by the termination and shall be continued under this Agreement. 8.8 Examination of Books. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the Board are subject to examination by the State. 8.9 Governing Law. The respective rights, obligations, and remedies of the Members under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 8.10 Counterparts. This Agreement shall be executed in several counterparts and all so executed shall constitute one Agreement, binding on all of the Members hereto. Each party to the agreement shall receive a fully executed copy of the entire document following adoption by all Members. 8.11 Enforcement. Members agree to be bound by the determination of the Commission and to agree to use their best efforts to carry out directives from the Commission; failure to respond may result in a legal action by the Commission to require the Member to act under a court order. 8.12 Notice. To the extend this Agreement requires a notice to be mailed to a Member, the notice requirement may be satisfied by the Commission emailing the notice to its primary contact for the Member. 8.13 Statutory References. All references to statutes in this Agreement include any amendments made thereto and any successor provisions. IN WITNESS WHEREOF, the Members have entered into this Agreement by action of their respective governing bodies effective as of January 1, 2025. 6.6 22 CITY OF BROOKLYN CENTER Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 23 CITY OF BROOKLYN PARK Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 24 CITY OF CRYSTAL Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 25 CITY OF MAPLE GROVE Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 26 CITY OF MINNEAPOLIS Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 27 CITY OF NEW HOPE Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 28 CITY OF OSSEO Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 29 CITY OF PLYMOUTH Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 30 CITY OF ROBBINSDALE Adopt on _______________________, 2024. __________________________________ Mayor Attest:________________________________ City Clerk 6.6 RESOLUTION NO. 2024- ___ AUTHORIZE JOINT POWERS AGREEMENT BETWEEN THE CITY OF CRYSTAL AND SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, Local government units in the metropolitan area are required by the Metropolitan Water Management Program (Minn. Stat. § 103B.201 to 103B.255) to plan for and manage surface water; and WHEREAS, Under the Act, one of the options available to local government units to satisfy the requirements of the Act is to adopt a joint powers agreement pursuant to Minn. Stat. § 471.59 to establish a watershed management organization to jointly plan for and manage surface water within a watershed; and WHEREAS, The Members preferred to manage surface waters through a joint board rather than the traditional watershed model and acted pursuant to the new authority to adopt a joint powers agreement in 1984 establishing the Shingle Creek Watershed Management Commission to cooperatively manage and plan for the management of surface water within the Watershed; and WHEREAS, The original joint powers agreement has been updated and amended several times, and the term of the current joint powers agreement expires on December 31, 2024; and WHEREAS, The Members previously acted pursuant to their authority to establish the “Shingle Creek Watershed Board of Commissioners” and said Board is hereby reaffirmed as the entity charged with the authority and responsibility to manage the Commission; and WHEREAS, The Board has previously acted to adopt a Watershed Management Plan for the watershed and has regularly updated the Watershed Management Plan in accordance with law; and WHEREAS, The Commission works cooperatively with Hennepin County, Three Rivers Park District, and several other stakeholders to achieve the goals of the Watershed Management Plan; and WHEREAS, The Commission works cooperatively with Hennepin County, Three Rivers Park District, and several other stakeholders to achieve the goals of the Watershed Management Plan; and NOW, THEREFORE, BE IT RESOLVED The Members desire to enter into this Agreement to reaffirm the Commission and the Board in furtherance of its efforts to continue working cooperatively to prepare and administer a surface water management plan to manage surface water within the watershed in accordance with the Act and Minn. R., chapter 8410 6.6 BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign such agreement. Adopted by the Crystal City Council this 20th day of August, 2024. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.6 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 754 Memorandum DATE: August 14, 2024 TO: Mayor and City Council Adam R. Bell, City Manager FROM: John Elholm, Recreation Director Jason Minnick, Facilities Manager SUBJECT: Purchase and Installation of a Roof Structure over the Aquatic Center Pump/Valve Pit The Crystal Cove Aquatic Center is under construction. Designs are complete, pool contractors and a construction manager have been hired, and the double flume slide, jumping platforms and other amenities have been ordered. The focus this week is on a structure to protect the pool pumps. In the past, the pumps, valves, strainer baskets and other mechanical items were located in a series of three pits (one rectangle / two round) with grating over the top to prevent falling into them. To enter the pits, a portion of the covers would be removed and staff would climb down a ladder to access the equipment – often daily for the strainer baskets. The grates provided some protection from the elements, but did not prevent rain from getting into the pits. The large pump for the flume slides was outside the pit with no protection. To improve efficiency of pool operations, all the feature pumps, valves, strainer baskets, etc. will now be located in one larger pit; which will also include the pump for the large flume slides. Old Pump Pits (3) •Two round •One rectangle New Pump Pit (1) •Rectangle Shape •Larger size #1 #2 #3 From construction plans 6.7 The new pump/valve pit will have stairs instead of a ladder to improve safety (no longer a confined space). Instead of grates, a 16’ x 34’ roof structure is proposed to protect the pumps, allow for easier access and provide shelter for staff working on equipment. 42” high railings around the roof structure will prevent falls into the pump/valve pit, and the rectangle shape will fit well over the rectangle shaped pit. Two quotes were received, with Webber Recreational Design, Inc. providing the lowest quote of $61,228; for the purchase and installation of a 16’ x 34’ roof structure with railings. This includes an equipment cost of $44,900 and an installation cost of $16,328. The footings for all pool amenities will be installed by a concrete contractor under a separate agreement. The budget for all parts of this project (pool, building entrance, CCC counter) is: • 2024 Long Term Plan – Buildings Fund $ 4,085,000 o Pool & Building in 2024: $ 3,500,000 o Transfer from 2025 to 2024: $ 500,000 o Improve CCC Service Counter $ 85,000 • Legislative Appropriation: $ 2,350,000 • Hennepin County Youth Activities Grant: $ 300,000 Total Aquatic Center Budget: $ 6,735,000 This above budget is consistent with the $6,390,000 budget presented on October 17, 2023. Items in the above budget that were changed from the October 17 budget includes: o Added a $300,000 Hennepin County grant. o Reduced the 2025 to 2024 transfer by $40,000; from $540,000 to $500,000. o Added the $85,000 CCC service counter project (already in the 2024 long term plan) to the pool project for efficiency/cost savings during construction. The estimated expenses for this project (pool, building entrance, CCC counter) is: • Pool & Building - Design documents (approved 7/18/23): $ 351,435 • Pool - Construction contracts (approved 4/16/24): $ 2,601,700 • Building - Construction contracts (estimate): $ 516,000 • Pool & Building - Construction management (approved 6/18/24): $ 730,958 • Pool - Amenities - with platforms/structures (approved 6/4/24): $ 683,903 • Pool - Amenities - traditional/catalog (approved 7/16/24): $ 306,220 • Pool - Amenities - roof over pump pit enclosure (this item): $ 61,228 • Pool - Concrete footings/slabs for all pool amenities (estimate): $ 125,000 • Pool & Building – Owner costs - permits, FF&E, etc. (estimate): $ 500,000 • Pool & Building - Contingencies (estimate): $ 475,000 Total Aquatic Center Expenses: $ 6,351,444 Recommendation Staff recommends approval of the attached resolution, entering into agreements with Webber Recreational Design, Inc., for the purchase and installation of a roof structure with railings to go over the pump/valve pit at the Crystal Cove Aquatic Center. 6.7 CITY OF CRYSTAL RESOLUTION 2024 - RESOLUTION TO APPROVE THE PURCHASE AND INSTALLATION OF A ROOF STRUCTURE OVER THE CRYSTAL COVE AQUATIC CENTER PUMP/VALVE PIT WHEREAS, the City of Crystal owns and operates Grogan Park and the Crystal Cove Aquatic Center, and WHEREAS, the 2024 long term plan (buildings fund) includes $4,000,000 for improvements at the Crystal Cove Aquatic Center, and WHEREAS, the Crystal Cove Aquatic Center project has also been selected to receive a legislative appropriation of $2,350,000 and a Hennepin Youth Activities Grant of $300,000, and WHEREAS, a new pump/valve pit is being constructed as part of the aquatic center project, which requires installation of a roof to protect the pumps and a railing to prevent falls into the pit, and WHEREAS, Webber Recreational Design, Inc. provided the lowest quote for the purchase and installation of a roof structure with railings, in the amount of $61,228; $44,900 for equipment and $16,900 for installation, now THEREFORE, BE IT RESOLVED: A.That the Crystal City Council wishes to enter into an agreement with Webber Recreational Design, Inc., in the amount of $61,228, for the purchase and installation of a roof structure with railings for the Crystal Cove Aquatic Center pump/valve pit. B.That the Crystal City Council hereby authorizes the mayor and city manager to sign the agreements with Webber Recreational Design, Inc. for this project. Adopted by the Crystal City Council this 20th day of August, 2024. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 6.7 Acceptance Signature: __________________ Printed Name:____________________________ Webber Recreational Design, Inc. 1442 Brooke Ct Hastings, MN 55033 US +16514383630 customerservice@webberrec.com www.webberrec.com ADDRESS City of Crystal 4141 Douglas Dr N Crystal 55422-1696 Estimate 2062 DATE 08/13/2024 SALES REP PROJECT NAME Jay Aquatic Center QTY RATE AMOUNT Americana:Illini Shelter Illini Model Shelter- Gable Ends "starburst", Line handrails in 5 -14' sections. Standard Frame Color, 16' x 34' (roof size) 4:12 Pitch, 8.000' eve height, 6 Surface Mount Posts, Tubular Steel Frame is Shot Blasted prior to Graffiti Cleanable Gloss or Non-Graffiti Cleanable Matte Powder Coat Finish, Structural Roof Panel Specs: 18 inches wide, Galvalume Material, .024 thickness, Standard Color, (With wood decking) Galvalume Fascia. COLOR FRAME: COLOR ROOF: 1 39,800.00 39,800.00T Americana:Engineered Drawings Engineered Drawings 1 800.00 800.00T Freight Charges Freight Charges 116607 1 4,300.00 4,300.00T IMPORTANT PAYMENT NOTICE 50% MATERIAL AND FREIGHT DOWN PAYMENT REQUIRED WITH SIGNED QUOTE $22,450.00 1 0.00 0.00T 50% MATERIAL AND FREIGHT DOWN PAYMENT REQUIRED WITH SIGNED QUOTE $22,450.00 The acceptance signature below serves as authorization to order the items quoted & indicates acceptance of the listed prices and terms enclosed. SUBTOTAL 44,900.00 TAX (0%)0.00 TOTAL $44,900.00 Accepted By Accepted Date 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design GROGAN PARK / AQUATIC CENTER ROOF STRUCTURE INSTALLATION AGREEMENT THIS GROGAN PARK / AQUATIC CENTER INSTALLATION AGREEMENT (“Agreement”) is made and entered into this 20th day of August, 2024, by and between the City of Crystal, a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and Webber Recreational Design, Inc., a Minnesota company located at 1442 Brooke Court, Hastings, MN 55033 (“Contractor”). The City and the Contractor may hereinafter be referred to individually as a “party” or collectively as the “parties.” RECITALS A. The City desires to have a roof structure with railings installed over the pump/valve pit at the Crystal Cove Aquatic Center in Grogan Park, a City Park located at 4848 Douglas Drive North (“Park”). B. The Contractor provided the City a written quote for the installation of a roof structure with railings at the aquatic center with specifications established by the City (“Project”). C. The Contractor desires to undertake and complete the Project for the City in accordance with the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual promises and agreements contained herein, and intending to be legally bound, the City and the Contractor hereby agree as follows: 1. Scope of Work. a. The Contractor, for and in consideration of the payment or payments herein specified and to be made by the City, covenants and agrees to furnish all materials, all necessary tools, and equipment, and to do and perform all the work and labor necessary to complete the Project, all in strict conformity with the Contractor’s quote and scope of work contained in the attached Exhibit A (all work, materials and equipment set forth in this paragraph and contained in Exhibit A are hereinafter collectively referred to as the “Specifications”). Said Specifications are hereby fully incorporated as part of this Agreement. b. The Contractor agrees that all work and labor shall be done in the best and most diligent manner and that all materials and labor shall be in entire and strict conformity in every respect with the said Specifications and shall be subject to the inspection and approval by the proper authorities of the City for the supervision of the work, and in case any of said material or labor shall be rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Contractor. 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design c. The contractor and any subcontractor on this project shall be required to pay all employees who work on this project and who fall within any job classification established and published by the Minnesota Department of Labor and Industry (Department) no less than the prevailing wage rate as certified by the Department for all work performed on the project. The Department shall determine the prevailing wage rate in accordance with Minn. Stat. §177.41 et seq. and applicable rules including, but not limited to, Minnesota Rules 5200.1000 et seq. Neither the contractor nor any subcontractor shall evade or attempt to evade the provisions of this section through the use of non-recognized training programs. The only employees involved in training programs that shall be allowed to work this project shall be those employed and registered in a bona fide apprenticeship program registered with the U.S. Department of Labor or with a state apprenticeship agency. The contractor shall post in at least one conspicuous place on the job site, or have present on the person of the supervisor in charge of the site if the City determines that posting at the job site is not practical, the certified prevailing wage rates for each job classification for the area in which the project is being performed, including the effective dates of any changes thereof. The posting shall also include the penalties for any violations and the method by which violations may be reported. The contractor shall be the responsible party to ensure the payment of prevailing wages by the contractor and by any subcontractors employed and/or performing work as part of the project. The contractor shall be responsible to inform all subcontractors to be hired by the contractor on this project of the prevailing wage requirement and of the remedies available to the City if the subcontractor fails to pay at least the prevailing wage as required. The contractor shall incorporate, or require its subcontractors to incorporate, these prevailing wage requirements into all first, second, and/or third tier etc., subcontractor agreements. The contractor or subcontractor shall be liable directly to the underpaid laborer or mechanic for the unpaid wages and agrees that laborers or mechanics have such a cause of action against the contractor or subcontractor for unpaid wages. The failure of the contractor or any subcontractor to abide by the prevailing wage requirement may result in, in the City’s sole discretion, contract payment delay, cancellation of the contract, and/or payment of up to five percent (5%) of the entire contract price by the contractor or subcontractor to the City as liquidated damages. The contractor may appeal any action taken by the City pursuant to this section to the City Council which reserves the right to have such appeal heard by an independent hearing examiner. Upon the request of the City, the contractor and/or subcontractor shall submit to the City copies of their weekly payrolls for each week in which any contact work is performed. Payrolls so submitted shall set out accurately and completely all information required by the City. 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design No final payment shall be made under the contract until the validity of any prevailing wage complaint has been determined by the City or by the Department. The City and/or the Department shall have the right to interview any employees during work hours relative to a complaint. Additional information on wage determination is included in the attached Exhibit B. d. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost and expense any loss or damage to the work and Project occurring during the installation or prior to the final acceptance thereof by the City, by reason of fire, tornado, theft, or any cause whatsoever, and to be wholly responsible for the installation, completion and delivery of the Project in its entirety for the final acceptance by the City; and any payment or payments made to the Contractor hereunder, shall not be construed as operating to relieve the Contractor from responsibility for the construction and delivery of the Project as provided and agreed through this Agreement. 2. Schedule; Liquidated Damages. a. The Contractor agrees to commence the work on the Project at the earliest practicable date and to prosecute the same diligently and without delay and to have the work entirely completed in every respect to the satisfaction and approval of the City on or before June 15, 2025. In case of the failure on the part of the Contractor, for any reason except with the written consent of the City, to complete the Project on or before said date, the City shall have the right to deduct from any money due or which may become due to the Contractor, the amount of two hundred dollars ($200.00) per day for each and every day elapsing between the time stipulated for the completion and the actual date of completion, in accordance with the terms thereof; or if no moneys shall be due the Contractor, the City shall have the right to recover such sum; such deduction to be made or such sum to be recovered not as a penalty, but as liquidated damages. The Contractor agrees that it will be difficult for the City to determine the amount of all damages that the City would incur as a result of delay and that the liquidated damages set forth in this paragraph are reasonable. b. The Contractor agrees to notify the City in writing of any and all causes of delay of work, or any part thereof, within 24 hours after such cause of delay shall arise, and in case of the failure of the Contractor to perform this Agreement and complete the work at the time hereinafter specified, the City may immediately, or at any time thereafter, proceed to complete the work at the cost and expense of the Contractor. Upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work, including without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public authorities, or delays or defaults caused by public carriers, the City shall reasonably extend the date previously specified for the completion of the work and in such case the Contractor shall only become liable for such liquidated damages for failure to perform during any delay after the time is so extended. 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design 3. Compensation. a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the Contractor properly performs the work, the City shall, from month to month before completion of the work and pursuant to invoices from the Contractor, pay the Contractor up to 95 percent of the amount already earned under the Agreement. When the work is 95 percent or more completed, upon the sole determination of City staff, such portions of the retained price shall be released only as the City determines it need not be retained to protect the interest of the City in the satisfactory completion of the Agreement. The balance shall be retained by the City until the final performance and completion of this Agreement by the Contractor to the satisfaction, approval, and acceptance of the City including provision by the Contractor of Minn. Dept. of Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with applicable state laws. b. No claim for extra work done or materials furnished by the Contractor will be made by the Contractor or allowed by the City, nor shall the Contractor do any work or furnish any materials not covered by the Specifications, unless such work or materials is ordered in writing by the City. Any such work or materials which may be done or furnished by the Contractor without such written order first being given, shall be at the Contractor's own risk and expense. 4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for the performance of any work under this Agreement or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion, discriminate against any person or persons who are qualified and available to perform the work to which such employment relates; that neither the Contractor nor any subcontractor, material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent the employment of any such person or persons from the performance of work under this Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 5. Insurance. The Contractor shall maintain commercial general liability coverage for all work covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for combined bodily injury and property damage, and $2,000,000 in the general aggregate, and commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence for combined bodily injury and property damage covering owned, non-owned, and hired automobiles. The Contractor shall provide the City with a current certificate of insurance listing the City as an additional insured with respect to the aforementioned policies. To meet the requirements herein, the Contractor may use a combination of excess and umbrella coverage. The Contractor also agrees to keep in force during the entire term of this Agreement statutory workers’ compensation insurance. 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design 6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives harmless from and indemnified against any and all loss, costs, fines, charges, damage and expenses, including, without limitation, reasonable attorneys’ fees, consultants’ and expert witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) only to the extent caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including, without limitation, any claims for any lien imposed by law for services, labor or materials, or (iii) by reason of the execution of this Agreement or the performance of this Agreement. The Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative or professional assistance. The Contractor further agrees to indemnify the City and hold it harmless from and against any and all claims, suits, and actions against, and all loss, damage, costs, or expense to the City occasioned by or arising from any infringement or claim of infringement of any letters patent, or patent rights upon or covering any patented article or articles furnished or installed by the Contractor under this Agreement for the City, of from or by reason of the use by the City of any patented article or articles furnished or installed by the Contractor for the City under this Agreement. The indemnity contained in this paragraph shall be continuing and shall survive the performance or cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation of or waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or otherwise. 7. Independent Contractor. The Contractor and its employees are not employees of the City. Nothing in the Agreement is intended or should be construed in any manner as creating or establishing the relationship as employer/employee, co-partners, or a joint venture between the City and the Contractor. It is agreed that the Contractor and its employees will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City. The manner in which the Project is to be performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the City. 8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except that if the Contractor is in default and fails to cure the default within ten days following written notice by the City, the City has the right to terminate this Agreement immediately upon written notice of termination. The Contractor will be paid for services properly rendered and equipment property installed prior to the effective date of termination. The following provisions of this Agreement shall survive expiration, termination, or cancellation of this Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit. 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design 9. Amendments. Any amendment to this Agreement must be in writing and signed by both parties. 10. Assignment. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective without the prior written consent of the City. 11. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 12. No Personal Liability. No officer, agent or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 13. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed in the preamble to this Agreement, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section. 14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any act by the City or the Contractor shall be deemed or construed by the Contractor or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Contractor. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this Agreement shall be in compliance with all federal, state and local laws, ordinances, regulations, rules, and standards. 18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Contractor, and supersedes any other written or oral agreements between and City and Contractor. 19. Severability. In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design 20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. 21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or disseminated by the parties pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota Legislative Auditor, or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement for six years following termination of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY: CONTRACTOR: By: _____________________________ By: ___________________________ Jim Adams Its: Mayor Its: By: _____________________________ Adam R. Bell Its: City Manager 6.7 Grogan Park / Aquatic Center Roof Structure for Pump/Valve Pit – Webber Recreational Design EXHIBIT A - Contractor’s Quote 6.7 Wage Determination PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Wage rate requirements 2. Prevailing wage rate determination 3. Posting of wage determination schedules 4. Enforcement and compliance 1.02 WAGE RATE REQUIREMENTS A. Contractor and subcontractors shall be subject to payment of prevailing wage rates for commercial construction determined for Project by Minnesota Department of Labor and Industry. A laborer or mechanic employed directly on the Project site by Contractor or any subcontractor, agent or other person doing or contracting to do all or a part of the Work on the Project shall not be paid a lesser wage rate than prevailing wage rate determined for same or most similar trade or occupation in the Wage Rate Determination Schedule. If a prevailing wage determination is not scheduled for a trade or classification, Contractor is not relieved from responsibility for paying the prevailing wage rate for trade in question. Additional classifications may develop between determinations by the Minnesota Department of Labor and Industry. Therefore, no inferences may be drawn from the omission of a classification which has local usage. Further, the Owner will not be liable for increased labor costs, or errors or changes to the rates or classifications. 1.03 PREVAILING WAGE RATE DETERMINATION A. 1.04 A. Copy of the applicable Prevailing Wage Determination Schedule, as provided by the Minnesota Department of Labor and Industry is included for Contractor’s reference. Wage decisions are not final until contract execution. Contractors and all subcontractors must review the wage decision within this agreement to ensure proper payment of wages. POSTING OF WAGE DETERMINATION SCHEDULESContractor shall post and maintain at least one copy of the schedule of Prevailing Wage Determination Schedule in a conspicuous location on the construction site until Substantial Completion of Project. 1.05 ENFORCEMENT AND COMPLIANCE A. Contractor and all of its subcontractors of all tiers are required to comply with the Prevailing Wage requirements for this Project, in accordance with MN Prevailing Wage Statutes. Contractor must maintain payroll records for contractor and all of its subcontractors of all tiers in accordance with MN Stat. 177.30. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED -- End -- EXHIBIT B 6.7 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Commercial County Number: 27 County Name: HENNEPIN Effective: 2023-12-26 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Note: Overtime pay after eight (8) hours on the project must be paid even if the worker does not exceed forty (40) hours in the work week. Violations should be reported to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLI.PrevWage@state.mn.us * Indicates that adjacent county rates were used for the labor class listed. County: HENNEPIN (27) LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730) 101 LABORER, COMMON (GENERAL LABOR WORK) 2023-12-26 41.66 23.74 65.40 2024-05-01 43.39 24.24 67.63 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT JOURNEYMAN) 2023-12-26 41.66 23.74 65.40 2024-05-01 43.39 24.24 67.63 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER AND NURSERY OPERATOR) 2023-12-26 28.29 20.41 48.70 2024-05-01 30.04 21.16 51.20 104 FLAG PERSON 2023-12-26 41.66 23.74 65.40 2024-05-01 43.39 24.24 67.63 105*WATCH PERSON 2023-12-26 38.03 23.39 61.42 1 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 2024-05-01 39.76 23.89 63.65 106*BLASTER 2023-12-26 35.11 19.64 54.75 107 PIPELAYER (WATER, SEWER AND GAS) 2023-12-26 42.40 23.49 65.89 2024-05-01 45.13 24.24 69.37 108 TUNNEL MINER 2023-12-26 38.50 22.39 60.89 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT FEET BELOW STARTING GRADE LEVEL) 2023-12-26 40.40 23.49 63.89 2024-05-01 43.13 24.24 67.37 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL STATION, GPS RECEIVER, LEVEL, ROD OR RANGE POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 2023-12-26 41.66 23.74 65.40 2024-05-01 43.39 24.24 67.63 111*TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2023-12-26 41.66 23.74 65.40 2024-05-01 43.39 24.24 67.63 SPECIAL EQUIPMENT (201 - 204) 201*ARTICULATED HAULER 2023-12-26 46.99 25.20 72.19 202 BOOM TRUCK 2023-12-26 44.91 25.20 70.11 2024-04-29 46.51 26.40 72.91 203 2023-12-26 28.29 20.41 48.70 2 6.7 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO-FRAMED FORKLIFT (EXCLUDING FRONT, POSIT-TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 2024-05-01 30.04 21.16 51.20 204*OFF-ROAD TRUCK 2023-12-26 41.73 22.85 64.58 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. 2023-12-26 37.05 19.39 56.44 HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP 2 2023-12-26 43.38 25.20 68.58 2024-04-29 45.61 26.40 72.01 306 GRADER OR MOTOR PATROL 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2023-12-26 42.81 25.20 68.01 2024-04-29 45.01 26.40 71.41 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 316 LOCOMOTIVE CRANE OPERATOR 320 TANDEM SCRAPER 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 2023-12-26 42.49 25.20 67.69 2024-04-29 44.67 26.40 71.07 323 AIR TRACK ROCK DRILL 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 3 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 340 DUAL TRACTOR 341 ELEVATING GRADER 345 GPS REMOTE OPERATING OF EQUIPMENT 347 HYDRAULIC TREE PLANTER 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 359 RUBBER-TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE GROUP 5 2023-12-26 39.33 25.20 64.53 2024-04-29 41.36 26.40 67.76 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 4 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 379 POWER ACTUATED JACK 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE . 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) GROUP 6 2023-12-26 38.06 25.20 63.26 2024-04-29 40.02 26.40 66.42 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 389 DREDGE DECK HAND 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 393 LEVER PERSON 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING COMMERCIAL POWER EQUIPMENT OPERATOR GROUP 1 2023-12-26 49.25 25.20 74.45 2024-04-29 51.03 26.40 77.43 501 HELICOPTER PILOT (COMMERCIAL CONSTRUCTION ONLY) 502 TOWER CRANE 250 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY) 503 TRUCK CRAWLER CRANE WITH 200 FEET OF BOOM AND OVER, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP 2 2023-12-26 48.88 25.20 74.08 2024-04-29 50.64 26.40 77.04 504 CONCRETE PUMP WITH 50 METERS/164 FEET OF BOOM AND OVER (COMMERCIAL CONSTRUCTION ONLY) 505 PILE DRIVING WHEN THREE DRUMS IN USE (COMMERCIAL CONSTRUCTION ONLY) 506 TOWER CRANE 200 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY) 507 TRUCK OR CRAWLER CRANE WITH 150 FEET OF BOOM UP TO AND NOT INCLUDING 200 FEET, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP 3 2023-12-26 47.35 25.20 72.55 2024-04-29 49.05 26.40 75.45 508 ALL-TERRAIN VEHICLE CRANES (COMMERCIAL CONSTRUCTION ONLY) 509 CONCRETE PUMP 32-49 METERS/102-164 FEET (COMMERCIAL CONSTRUCTION ONLY) 510 DERRICK (GUY & STIFFLEG) (COMMERCIAL CONSTRUCTION ONLY) 5 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 511 STATIONARY TOWER CRANE UP TO 200 FEET 512 SELF-ERECTING TOWER CRANE 100 FEET AND OVER MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 513 TRAVELING TOWER CRANE (COMMERCIAL CONSTRUCTION ONLY) 514 TRUCK OR CRAWLER CRANE UP TO AND NOT INCLUDING 150 FEET OF BOOM, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP 4 2023-12-26 46.99 25.20 72.19 2024-04-29 48.68 26.40 75.08 515 CRAWLER BACKHOE INCLUDING ATTACHMENTS (COMMERCIAL CONSTRUCTION ONLY) 516 FIREPERSON, CHIEF BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 517 HOIST ENGINEER (THREE DRUMS OR MORE) (COMMERCIAL CONSTRUCTION ONLY) 518 LOCOMOTIVE (COMMERCIAL CONSTRUCTION ONLY) 519 OVERHEAD CRANE ( INSIDE BUILDING PERIMETER) (COMMERCIAL CONSTRUCTION ONLY) 520 TRACTOR . BOOM TYPE (COMMERCIAL CONSTRUCTION ONLY) GROUP 5 2023-12-26 44.91 25.20 70.11 2024-04-29 46.51 26.40 72.91 521 AIR COMPRESSOR 450 CFM OR OVER (TWO OR MORE MACHINES) (COMMERCIAL CONSTRUCTION ONLY) 522 CONCRETE MIXER (COMMERCIAL CONSTRUCTION ONLY) 523 CONCRETE PUMP UP TO 31 METERS/101 FEET OF BOOM 524 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL WHEN USED FOR CAISSON FOR ELEVATOR OR BUILDING CONSTRUCTION (COMMERCIAL CONSTRUCTION ONLY) 525 FORKLIFT (COMMERCIAL CONSTRUCTION ONLY) 526 FRONT END, SKID STEER 1 C YD AND OVER 527 HOIST ENGINEER ( ONE OR TWO DRUMS) (COMMERCIAL CONSTRUCTION ONLY) 528 MECHANIC-WELDER (ON POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY) 529 POWER PLANT (100 KW AND OVER OR MULTIPLES EQUAL TO 100KW AND OVER) (COMMERCIAL CONSTRUCTION ONLY) 530 PUMP OPERATOR AND/OR CONVEYOR (TWO OR MORE MACHINES) (COMMERCIAL CONSTRUCTION ONLY) 531 SELF-ERECTING TOWER CRANE UNDER 100 FEET MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 532 STRADDLE CARRIER (COMMERCIAL CONSTRUCTION ONLY) 533 TRACTOR OVER D2 (COMMERCIAL CONSTRUCTION ONLY) 534 WELL POINT PUMP (COMMERCIAL CONSTRUCTION ONLY) GROUP 6 2023-12-26 43.28 25.20 68.48 2024-04-29 44.82 26.40 71.22 535 CONCRETE BATCH PLANT (COMMERCIAL CONSTRUCTION ONLY) 536 FIREPERSON, FIRST CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 537 FRONT END, SKID STEER UP TO 1 C YD 538 GUNITE MACHINE (COMMERCIAL CONSTRUCTION ONLY) 6 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 539 TRACTOR OPERATOR D2 OR SIMILAR SIZE (COMMERCIAL CONSTRUCTION ONLY) 540 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER GROUP 7 2023-12-26 42.06 25.20 67.26 2024-04-29 43.55 26.40 69.95 541 AIR COMPRESSOR 600 CFM OR OVER (COMMERCIAL CONSTRUCTION ONLY) 542 BRAKEPERSON (COMMERCIAL CONSTRUCTION ONLY) 543 CONCRETE PUMP/PUMPCRETE OR COMPLACO TYPE (COMMERCIAL CONSTRUCTION ONLY) 544 FIREPERSON, TEMPORARY HEAT SECOND CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 545 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS AND MILLING MACHINES, OR OTHER SIMILAR POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY) 546 PICK UP SWEEPER (ONE CUBIC YARD HOPPER CAPACITY) (COMMERCIAL CONSTRUCTION ONLY) 547 PUMP AND/OR CONVEYOR (COMMERCIAL CONSTRUCTION ONLY) GROUP 8 2023-12-26 39.88 25.20 65.08 2024-04-29 41.28 26.40 67.68 548 ELEVATOR OPERATOR (COMMERCIAL CONSTRUCTION ONLY) 549 GREASER (COMMERCIAL CONSTRUCTION ONLY) 550 MECHANICAL SPACE HEATER (TEMPORARY HEAT NO BOILER LICENSE REQUIRED) (COMMERCIAL CONSTRUCTION ONLY) TRUCK DRIVERS GROUP 1 *2023-12-26 32.85 9.02 41.87 601 MECHANIC . WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2023-12-26 36.43 22.70 59.13 2024-05-01 38.39 23.70 62.09 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 *2023-12-26 22.50 6.50 29.00 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 *2023-12-26 25.50 9.42 34.92 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 7 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER-TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 2023-12-26 49.04 31.70 80.74 702 BOILERMAKERS 2023-12-26 44.37 30.55 74.92 2024-01-01 46.00 31.93 77.93 703 BRICKLAYERS 2023-12-26 45.47 25.76 71.23 2024-05-01 48.51 25.76 74.27 704 CARPENTERS 2023-12-26 43.94 27.89 71.83 2024-04-29 46.49 27.89 74.38 705 CARPET LAYERS (LINOLEUM) 2023-12-26 43.65 25.53 69.18 2024-04-29 46.20 25.53 71.73 706 CEMENT MASONS 2023-12-26 46.46 23.47 69.93 2024-04-29 49.21 23.47 72.68 707 ELECTRICIANS 2023-12-26 52.00 32.80 84.80 708 ELEVATOR CONSTRUCTORS 2023-12-26 57.49 43.71 101.20 2024-01-01 59.95 44.53 104.48 709 GLAZIERS 2023-12-26 46.73 25.50 72.23 2024-06-03 49.73 25.50 75.23 710 LATHERS 2023-12-26 45.40 25.40 70.80 2024-04-29 47.95 25.40 73.35 712 IRONWORKERS 2023-12-26 43.00 34.11 77.11 2024-04-28 46.00 34.11 80.11 8 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 714 MILLWRIGHT 2023-12-26 41.70 31.81 73.51 715 PAINTERS (INCLUDING HAND BRUSHED, HAND SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 2023-12-26 42.40 26.49 68.89 2024-04-29 44.70 26.49 71.19 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 2023-12-26 43.53 27.91 71.44 2024-05-01 47.03 27.91 74.94 717 PIPEFITTERS . STEAMFITTERS 2023-12-26 52.48 34.76 87.24 2024-05-01 55.68 34.76 90.44 718 PLASTERERS 2023-12-26 45.98 23.99 69.97 2024-06-01 48.78 23.99 72.77 719 PLUMBERS 2023-12-26 52.98 30.72 83.70 720 ROOFER 2023-12-26 44.65 21.89 66.54 2024-05-06 46.65 21.89 68.54 2024-11-04 48.65 21.89 70.54 721 SHEET METAL WORKERS 2023-12-26 50.46 33.32 83.78 722 SPRINKLER FITTERS 2023-12-26 51.26 34.10 85.36 723 TERRAZZO WORKERS 2023-12-26 45.32 22.29 67.61 724 TILE SETTERS 2023-12-26 40.83 29.15 69.98 2024-04-29 43.43 29.15 72.58 725 TILE FINISHERS 2023-12-26 33.53 23.32 56.85 2024-04-29 35.61 23.32 58.93 726 DRYWALL TAPER 2023-12-26 40.12 28.08 68.20 2024-04-29 42.86 28.08 70.94 9 6.7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 727 WIRING SYSTEM TECHNICIAN 2023-12-26 44.61 20.16 64.77 728 WIRING SYSTEMS INSTALLER 2023-12-26 31.25 16.34 47.59 729 ASBESTOS ABATEMENT WORKER 2023-12-26 37.63 23.36 60.99 2024-01-01 39.86 24.11 63.97 730 SIGN ERECTOR 2023-12-26 32.37 19.40 51.77 2024-06-01 34.12 19.40 53.52 10 6.7 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Aug. 16, 2024 City Council Work Session Agenda Tuesday, Aug. 20, 2024 Immediately following the City Council meeting 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, Aug. 20, 2024, at ______ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. 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, Aug. 20, 2024. I. Attendance Council members Staff ____ Adams ____ Bell ____ Budziszewski ____ Cruz-Jennings ____ Cummings ____ Therres ____ Eidbo ____ Elholm ____ Kamish ____ Larson ____ Kiser ____ Revering ____ Onesirosan ____ Hubbard ____ Struve ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Municipal consent plans for the Blue Line Extension. 2. City Council liaison reports.* 3. City manager monthly check-in. 4. Constituent issues.* 5. New business.* 6. Announcements.* III. Adjournment The work session adjourned at ______ 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. ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: August 15, 2024 TO: Adam R. Bell, City Manager (for August 20 work session) SUBJECT: Municipal Consent plans for the Blue Line Extension ___________________________________________________________________________ The City Council will hold the required municipal consent hearing regarding the METRO Blue Line Extension during its regular meeting on August 20. During the work session, City Council discussion is requested regarding the following: 1. Based on previous discussions, if the Council would consider adopting a Disapproval resolution, staff would recommend including the following items as conditions for approval: a) Elevate the LRT tracks over the 42nd Avenue intersection to protect the Joint Water Commission main which supplies Crystal, New Hope and Golden Valley. (Would be coordinated with Robbinsdale’s municipal consent action.) b) Reconstruction of West Broadway from Highway 100 in Robbinsdale to Fairview Avenue in Crystal must be included in the project plans. (Would be coordinated with Robbinsdale’s municipal consent action.) c) The middle lane of southbound Bottineau Blvd. at 47th Avenue must be a “choice lane” so that the middle lane has the option to exit to southbound Highway 100 together with the right lane. (W ould be coordinated with Robbinsdale’s municipal consent action.) d) Along Lakeland Avenue between Wilshire Blvd. and the park and ride lot, provide boulevards between east curb of Lakeland and the sidewalk, and also between the west curb of Lakeland and the parking lot curb of 5445 Lakeland (Max-It Pawn). e) On Bass Lake Road west of Elmhurst, widen the median to the Sherburne Avenue intersection to accommodate the U-turns made necessary by the elimination of the southbound left turn option at Elmhurst Avenue. COUNCIL STAFF REPORT Blue Line Extension Municipal Consent Discussion Note: The actual resolution would include more information about each of the five items listed on the preceding page. The resolution would include the rationale together with more precise and technical wording. 2. Comments received or issues raised during the hearing which the Council would like city staff to explore for possible inclusion in a Disapproval resolution: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 3. Additional items to be considered in a possible Disapproval resolution: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Next steps: Sep. 3 work session - staff presents one or more draft municipal consent resolutions for City Council discussion Sep. 12 work session - backup date for additional Council discussion if necessary Sep. 17 meeting - City Council considers taking action on a municipal consent resolution Oct. 1 meeting - backup date for Council to take action on a municipal consent resolution Oct. 10 - statutory deadline for the city to take action on municipal consent CITY MANAGER MONTHLY CHECK-IN – AUGUST 2024 Objective 1 – Work with City Council to develop Long Range Vision for the continued implementation of Council priorities: • Working with staff to refine vision and priorities for the remainder of 2024 and the 2025/2026 Budget Objective 2 – Policy Facilitation – Implement the Longe Range Vision/Strategic Planning for continued implementation of Council priorities: • Thriving Business Community o Working with legal counsel to incorporate Cannabis zoning regulations for 2025 o Staff is continuing to assist with potential redevelopment opportunities and business openings • Strong Neighborhoods o Continuing to work with businesses on THC/Cannabis sales compliance and current licensing program o Working with HRG on organized organic waste collection proposal – Proposed 4/2025 o Continuing to work on the Crystal Cove Aquatic Center project o Working with residents/property owners to address code violations and traffic concerns o Police continuing to work to address concerns at Becker Park • Sound fiscal policies and practices o Continuing to seek additional outside funding for projects o Continuing to implement the 2024 Capital Program o Processing implantation of Questica budget software o Continuing 2025/2026 Budget – Working on Fee Schedule and Long Term Plan o Hiring new Accountant • Welcoming and inclusive community o Inclusion & Diversity Commission – • The Commission is continuing to work on developing a Work Plan and recruitment. Objective 3 – Re-establish the Environmental Quality Commission with a clear and engaging purpose and a sustainable future: • Continuing to research other cities’ environmental commissions/efforts to develop future Climate Action Plan • Monitoring additional grant opportunities for Climate Action Plan development • Researching Gold Leaf Challenge Program action items • Working to schedule further discussion of Commission and “Green Team” process • September – Climate Action Planning/Task Force/Commission establishment • October – December – 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Objective 4 – Create an atmosphere of better teamwork, open communication, enhanced employee performance, and where staff feel empowered to help make decisions: • Reviewing job descriptions and updating roles/responsibilities • Actively recruiting and interviewing new staff for open positions o Accounting Manager – Has started. o Temporary PT Election Assistant (2) – One has started. o Engineering Project Manager – Scheduled to start 8/19. o Information Technology System Administrator – Offer Extended o Recreation Manager – Interviewing o Temporary Seasonal Staff - Ongoing o Police Officers – Ongoing recruitment and interviewing • Supporting staff wellness and continuing professional growth and development • Connecting with neighboring city managers on various local issues • Continuing participation in city manager leadership/peer group and metro and state professional organizations Please hand this form 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) The topic I wish to address is: e 1 I ! L4 Name Address: D Z S 2+ pA I/ e _A/• Zip Code:, S� `j ._ Date:.__ 0 , (7 /Z�Uz Day Phone (optional): c 1 Z— 2 "I S Email (optional): Thank you for your attendance and participation. PQ %0 pure (- S�t `1 r