2025.01.21 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Jan. 17, 2025
City Council Meeting Schedule
Tuesday, Jan. 21, 2025
Time Meeting Location
6:30 p.m.
City council work session to discuss:
1. 2025 capital program review.
2. Council liaison reports.
3. Constituent issues.
4. City manager check-in.
5. New business.
6. Announcements.
Conference room A/Zoom
7 p.m. City council meeting Council chambers/Zoom
Immediately after the
city council meeting Economic Development Authority (EDA) meeting Council chambers/Zoom
Immediately following the
EDA meeting
Continuation of City Council work session, if
necessary. Conference room A/Zoom
The public may attend the meetings via Zoom by connecting through one of the methods identified below.
Topic: Crystal City Council work session, city council meeting and EDA meeting.
Time: Jan. 21, 2025, 6:30 p.m., Central Time (US and Canada)
Join Zoom Work Session meeting:
https://us02web.zoom.us/j/86853812109?pwd=4V1HdcwNQ1x5IfZ3k2IbX5JZRyMhVl.1
Meeting ID: 868 5381 2109 | Passcode: 627774
One tap mobile: +13126266799,,86853812109#,,,,*627774# US (Chicago);
+16469313860,,86853812109#,,,,*627774# US
Join Zoom Regular meeting and EDA Meeting:
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Meeting ID: 820 4244 6330 | Passcode: 4141
One tap mobile:
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Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Jan. 17, 2025
City Council Work Session Agenda
Tuesday, Jan. 21, 2025
6:30 p.m.
Conference Room A
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, Jan. 21, 2025, at ______ p.m. in
Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda
items are not completed in time for the City Council meeting at 7 p.m., the work session will be
continued and resumed immediately following the Economic Development Authority meeting. The
public may attend the meeting via Zoom by connecting to it through one of the methods identified
on the City Council Meeting Schedule for Tuesday, Jan. 21, 2025.
I. Attendance
Council members Staff
____ Eidbo ____ Bell
____ Kamish ____ Tierney
____ Kiser ____ Therres
____ Onesirosan ____ Elholm
____ Budziszewski ____ Larson
____ Cummings ____ Revering
____ Deshler ____ Hubbard
____ Struve
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. 2025 capital program review.
2. Council liaison reports.*
3. Constituent issues.*
4. City manager check-in.*
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.
Department Year to
Replace Item Description Estimated Cost
Streets
Public works 2025 Contract mill and overlay 882,000$
Public works 2025 In house mill and overlay 60,775$
Public works 2025 Misc concrete work 61,903$
Public works 2025 ADA Ped Ramp replacements 45,020$
Public works 2025 Utility Reconstruction 300,000$
Public works 2025 36th Ave recon & regent mini-RB 750,000$
Police Equipment
Police 2025 Body Cameras 24,000$
Police 2025 Bulletproof vests - mass replacement ($1,800 each)19,800$
Police 2025 Lease Vehicle (5) and Equipment 198,000$
Police 2025 Mobile data tablets ($5,000 each)20,000$
Police 2025 Tactical vests ($5,300 each)10,600$
Police 2025 Drone 19,000$
Police 2025 Camera/Speed Trailer 60,000$
Parks 2025
Recreation 2025 Basketball court - Welcome 25,000$
Recreation 2025 Play area - Twin Oak (2003)200,000$
Recreation 2025 Basketball court - Twin Oaks 25,000$
Recreation 2025 All Pavement (Sidewalks @ Trails)150,000$
Recreation 2025 New park signage 15,000$
Recreation 2025 North Lions Park Soccer Field Improvements 100,000$
Recreation 2025 Small picnic shelter - Twin Oaks 90,000$
Utilities
Water 2025 Gate Valve and Hydrant replacement 30,000$
Water 2025 Utility Reconstruction 1,500,000$
Water 2025 Replace SENSUS Radios 350,000$
Sewer 2025 Utility Reconstruction 800,000$
Sewer 2025 South lift station roof replacement 100,000$
Sewer 2025 Sanitary sewer lining (outside of recon)200,000$
Sewer 2025 East lift generator replacement 200,000$
Storm water 2025 Rate Control, water quality, structure Rehab projects 100,000$
Storm water 2025 Utility Reconstruction 50,000$
City of Crystal, Minnesota
Capital Improvement Program
Schedule of Planned Capital Outlay - 2025 Program Year
Fleet/Vehicles
Public works 2025 2012 International Single Axle 300,000$
Public works 2025 SPH-1.3 pre-mix heater hot box for pothole patching 70,000$
Public works 2025 Tractor 80,000$
Public works 2025 Onan trailer generator 150,000$
Public Works 2025 Aries CCTV Pathfinder command center 135,000$
Public Works 2025 Field marking cart (cost share with Robbinsdale)35,000$
Public Works 2025 GMC Sierra 3500 C/CH 4WD (truck with bigger crane)200,000$
Public Works 2025 Replace 3-yd grapple bucket for use w/ front end loaders 45,000$
Public Works 2025 Ford F350 pick up truck 100,000$
Public Works 2025 Chevy Silverado 2500 (white)100,000$
Public Works 2025 Bobcat T650 T4 compact truck loader 130,000$
Buildings
City Buildings 2025 Lighting upgrade to LED at city hall & chambers 40,000$
City Buildings 2025 Replace/improve downstairs IT room (AC unit)15,000$
Becker Park 2025 Add security cameras in SW part of the park 30,000$
Community Center 2025 Mill and Overlay North Parking Lot (pool lot)400,000$
Community Center 2025 Duct Cleaning 65,000$
Community Center 2025 ADA Door Operator - restroom 8,000$
Community Center 2025 Building automation updates 120,000$
Recreation 2025 Valley Place Park Parking lot - near play area 400,000$
City Buildings 2025 Replace toilets and urinals 35,000$
South PW Bldg 2025 Replace heating system and thermostat 51,000$
South Fire Station 2025 Replace exterior door south fire station 50,000$
Public Works 2025 Interior touch up paint 20,000$
City Buildings 2025 Replace/improve upstairs IT room 5,000$
Page 1 of 3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Jan. 17, 2025
City Council Meeting Agenda
Tuesday, Jan. 21, 2025
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 Jan. 7, 2025.
b. The city council meeting on Jan. 7, 2025.
c. The city council work session on Jan. 9, 2025.
3.2 Approval of the list of license applications submitted by the city clerk.
3.3 Adoption of a resolution accepting a donation.
3.4 Adoption of a resolution approving the 2025 Council Rules.
3.5 Approval of the appointments to the Sustainability Commission.
3.6 Adoption of a resolution designating a municipal advisor.
3.7 Acceptance of the pay equity report.
3.8 Adoption of a resolution recognizing February 2025 as Black History Month in the City of
Crystal.
3.9 Adoption of a resolution authorizing an application for a Veterans Memorial and
Commemorations Grant in Twin Oaks Park.
3.10 Adoption of the 2025 proposed legislative priorities.
4. Open Forum
The city council appreciates hearing from citizens about items of concern and desires to set aside
time during each meeting for open forum. To provide ample opportunity for all, speaking time is
limited to three minutes and topic discussion is limited to ten minutes. The mayor may, as
presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any
item brought before the council during open forum. The council may place items discussed during
open forum onto subsequent council meeting agendas.
Page 2 of 3
5. Regular Agenda
5.1 The council will consider approval of disbursements over $25,000 submitted by the finance
department.
Recommend approval of disbursements over $25,000.
5.2 The council will consider approval of an agreement with Tubman for domestic advocacy.
The city switched to Tubman for the City’s domestic assault advocacy services in 2023.
Since that time, the staff has been satisfied with the service and recommends continuing
with Tubman and the embedded advocate. The cost for Tubman in 2025 is $57,500, which
is the same as 2023 and 2024. Recommended approval.
5.3 The council will consider approval of an agreement with Access Veterinary Care.
The city currently is a part of the joint partnership with Pets Under Police Security (PUPS).
PUPS provides an adequate service for animal calls for service, but the increasing and
future costs are becoming a growing concern for the value and level of service we receive.
For the past few years, we have been researching ways to save money and to provide a
better service to our community concerning animal calls for service. Staff is recommending
approval of an agreement with Access Veterinary Care, a business located in our city, to
replace the animal services currently provided by PUPS. Recommend approval.
5.4 The council will consider a resolution approving the purchase of a speed/camera trailer for
the police department.
To help further address the issue of traffic safety throughout the city, staff has
recommended purchasing a new mobile traffic camera and speed trailer. This new trailer
will supplement the existing trailer and allow the city to increase traffic enforcement and
gather useful traffic data. The new trailer is more advanced and up-to-date than our
current one. This expense was originally added to the 2024 Long Term Plan but was not
ready for purchase by year-end. Funds for this purchase will come from the Police
Equipment Revolving Fund, which has sufficient funding. Recommend approval of
authorization to purchase the Falcon trailer for the budgeted amount of $60,000.
5.5 The council will consider a resolution to purchase a play area for Twin Oaks Park.
The play area in Twin Oaks Park is scheduled for replacement in 2025. The current play
area was built in 2003 and is in poor condition. Play area designs were developed over the
summer of 2024, and draft plans were provided at multiple public outreach events. Plans
were also reviewed monthly by the Park and Recreation Commission.
The 2025 capital budget includes $425,000 for a new play area, small picnic shelter,
basketball court and trails in the park. The play area portion of this budget is $200,000. The
project will also receive a Hennepin County Youth Activities playground grant of $100,000
and a federal Community Development Block Grant through Hennepin County of $146,000.
Recommend approval of the attached resolution entering into agreements with Landscape
Structures, Inc. in the amount of $100,545.43 for the purchase of play area equipment and
with Flagship Recreation for $88,413.02 for installation of the equipment and surfacing.
Page 3 of 3
5.6 The council will consider a resolution to purchase siding and steel for the Crystal Cove
Aquatic Center building.
When improvements to the lobby of the Aquatic Center building were approved on Oct. 1,
2024, two items were not approved at that time. Siding quotes came in higher than
expected in October, so the quote was rejected. Since then, staff and consultants have
reviewed siding options and now have a lower-cost solution. No quotes were received for
structural steel in October. Quotes have now been received for this item. Recommend
approval of the attached resolution, entering into the following agreements with
Central Roofing Company Metal Panels (siding) for $173,362 and Red Cedar Structural Steel
for $47,400.
6. Announcements
a. City officials will attend a ribbon cutting for New Horizon Academy at 7000 57th Ave. N. on
Monday, Feb. 3 at 11 a.m.
b. The next city council meeting is Tuesday, Feb. 4 at 7 p.m. in the council chambers at city hall
and via Zoom.
c. City offices will be closed Monday, Feb. 17 in observance of the Presidents’ Day holiday.
d. City council meetings and work sessions are open to the public. Current and previous
meetings are available for viewing and listening at www.crystalmn.gov.
7. Adjournment
*Denotes no supporting information included in the packet.
Have a great weekend; stay healthy. See you at Tuesday’s meeting.
Crystal City Council work session minutes Jan. 7, 2025
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 7:35 p.m. on Jan. 7, 2025, in the council
chambers at city hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Deshler called the
meeting to order.
I.Attendance
The city manager recorded the attendance of city council members and staff:
Council members present: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings.
City staff present: City Manager A. Bell and Community Development Director J. Sutter.
II.Agenda
The council and staff discussed the following agenda items:
1.Commission candidate interviews.
2.Constituent issues.
3.New business.
4.Announcements.
III.Adjournment
The work session adjourned at 9:01 p.m.
Julie Deshler, Mayor
ATTEST:
Adam R. Bell, City Manager
3.1(a)
Crystal City Council meeting minutes Jan. 7, 2025
Page 1 of 3
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 Jan. 7, 2025, at 7 p.m. in the council chambers at
city hall, 4141 Douglas Dr. N. in Crystal, MN and via Zoom. Mayor Adams called the meeting to order.
Roll Call
Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following
attendance was recorded:
Council members present: Mayor Adams, Mayor-elect Deshler, Eidbo, Kamish, Kiser, Onesirosan,
Budziszewski and Cummings.
City staff present: City Manager A. Bell, City Attorney R. Tierney, Assistant City Manager K. Therres,
Recreation Director J. Elholm, West Metro Fire-Rescue District Fire Chief S. Larson, Assistant Fire Chief
J. Kunde, Police Chief S. Revering, Deputy Police Chief B. Hubbard, Public Works Director/City Engineer
J. Struve, Community Development Director J. Sutter, Communications Manager M. Peterson and City
Clerk Chrissy Serres.
Pledge of Allegiance
Mayor Adams led the council and audience in the Pledge of Allegiance.
2.Oath of Office
The city clerk administered the oath of office to the following newly elected council members:
Mayor Julie Deshler, Council Member Section 1 Taji Onesirosan, Council Member Ward 3 John
Budziszewski and Council Member Ward 4 David Cummings.
Following the oath of office, outgoing Mayor Adams passed the gavel to newly sworn Mayor Deshler
to officially begin her mayoral duties and preside over the remainder of the city council meeting.
3.Approval of Agenda
The council considered approval of the agenda.
Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the
agenda.
Motion carried.
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 Dec. 17, 2024.
b.The city council meeting on Dec. 17, 2024.
4.2 Approval of the list of license applications submitted by the city clerk.
4.3 Adoption of Res. No. 2025-01, accepting donations.
4.4 Approval of designating the Sun Post as the primary legal newspaper and the Star Tribune as the
secondary legal newspaper for the City of Crystal in 2025.
4.5 Adoption of Res. No. 2025-02, designating depositories of the City of Crystal for 2025.
3.1(b)
Crystal City Council meeting minutes Jan. 7, 2025
Page 2 of 3
4.6 Approval of the following annual city staff appointments for 2025:
a. Hennepin Recycling Group:
• City Manager Adam R. Bell.
b. Local Government Information Systems (LOGIS) board member:
• City Manager Adam R. Bell, and alternate: Assistant City Manager Kim Therres.
c. Northwest Suburbs Cable Communications Commission and CCX Media board member:
• City Manager Adam R. Bell.
d. Pets Under Police Security (PUPS) board member:
• Deputy Police Chief Brian Hubbard, and alternate: Police Chief Stephanie Revering.
4.7 Adoption of Res. No. 2025-03, recognizing Jan. 20, 2025, as Rev. Dr. Martin Luther King, Jr. Day in
the City of Crystal.
Moved by Council Member Kiser and seconded by Council Member Budziszewski to approve the
consent agenda.
Motion carried.
5. Open Forum
• Jim Adams, 5916 29th Pl. N., addressed the council to convey his well wishes.
6. Regular Agenda
6.1 The council considered approval of disbursements of more than $25,000 submitted by the
finance department.
Moved by Mayor Deshler and seconded by Council Member Budziszewski to approve the list of
disbursements of more than $25,000.
Voting aye: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings.
Motion carried.
6.2 The council considered the following appointments for mayor pro tem and council commission
liaisons and representatives for 2025:
a. Mayor pro tem:
• Council Member Onesirosan.
b. Sustainability Commission council liaison:
• Council Member Kiser.
c. Inclusion and Diversity Commission council liaison:
• Council Member Cummings.
d. Parks and Recreation Commission council liaison:
• Council Member Budziszewski.
e. Planning Commission council liaison:
• Council Member Eidbo.
f. Quad Communities Beyond the Yellow Ribbon council representative:
• Council Member Kamish.
g. Northwest Suburbs Cable Communications council representative:
• Council Member Kamish.
h. Blue Line Extension Corridor Management Committee council representative:
• Mayor Deshler, and alternate: Council Member Kamish.
i. Bottineau Community Works Steering Committee council representative:
• Council Member Kiser, and alternate: Mayor Deshler.
3.1(b)
Crystal City Council meeting minutes Jan. 7, 2025
Page 3 of 3
Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve
the appointments for mayor pro tem and council commission liaisons and representatives for
2025.
Voting aye: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings.
Motion carried.
6.3 The council considered a resolution appointing Mayor Deshler as Crystal’s representative on the
West Metro Fire-Rescue District Board of Directors.
Moved by Council Member Onesirosan and seconded by Council Member Budziszewski to adopt
the following resolution:
RESOLUTION NO. 2025 – 04
RESOLUTION APPOINTING A MEMBER TO
THE BOARD OF DIRECTORS FOR
THE WEST METRO FIRE-RESCUE DISTRICT
Voting aye: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings.
Motion carried, resolution declared adopted.
7. Announcements
The council and staff made announcements about upcoming events.
8. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Kiser to adjourn the
meeting.
Motion carried.
The meeting adjourned at 7:22 p.m.
___________________________________
Julie Deshler, Mayor
ATTEST:
_____________________________________
Christina Serres, City Clerk
3.1(b)
Crystal City Council work session minutes Jan. 9, 2025
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the regular work session of the Crystal City Council was held at 6:33 p.m. on Jan. 9, 2025, in conference
room A at city hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Deshler called the meeting
to order.
I.Attendance
The city clerk recorded the attendance for city council members and staff:
Council members present: Deshler, Eidbo, Onesirosan, Budziszewski and Cummings.
Council members Kamish and Kiser were absent.
City staff present: City Manager A. Bell, Assistant City Manager K. Therres, Police Chief S. Revering,
Deputy Police Chief B. Hubbard, Public Works Director/City Engineer J. Struve, Community
Development Director J. Sutter and City Clerk C. Serres.
II.Agenda
The council and staff discussed the following agenda items:
1.City council rules, open forum rules and agenda packets.
2.Traffic and transportation issues.
3.2025 legislative priorities.
4.Strategic planning for council.
5.2025 city manager work goals.
III.Adjournment
The work session adjourned at 11:03 p.m.
Julie Deshler, Mayor
ATTEST:
Adam R. Bell, City Manager
3.1(c)
Page 1 of 1
City of Crystal Council Meeting
Jan. 21, 2025
Applications for City License
Rental (new)
5333 Bernard Ave. N. – Daniel Pollack (Conditional)
3420 Louisiana Ave. N. – Johnathan McNeer (Conditional)
7224 54th Ave. N. – CAG Minnesota Funding II LLC (Conditional)
6501 62nd Ave. N. – CAG Minnesota Funding II LLC (Conditional)
Rental (renewal)
4031-4033 Adair Ave. N. – James Rosling
3817-3819 Colorado Ave. N. – True Home Twin Cities LLC (Conditional)
4523 Colorado Ave. N. – CFCB Holdings LLC
2817 Hampshire Ave. N. – Jose Bernal (Conditional)
5407 Hampshire Ave. N. – Belden River Real Estate (Conditional)
5924 Idaho Ave. N. – Andrew Fischer
5412 Maryland Ave. N. – Grigoriy Vayntrub
5506 Nevada Ave. N. – Olstad Enterprise LLC.
6300 27th Ave. N. – Solar Partnership (Conditional)
6400 27th Ave. N. – Solar Partnership (Conditional)
7315 33rd Ave. N. – PAC Properties LLC (Conditional)
8004 34th Pl. N. – Invitation Homes (Conditional)
7009 36th Ave. N. – Kath Hammerseng (Conditional)
5332 49th Ave. N. – Vijay Venkataraman
Tree Trimmer
A to Z Tree Care LLC, 36928 153rd St., Pierz, MN 56364
Jays Tree Care & Firewood, 8253 Imperial Rd., Royalton, MN 56373
Minnesota Tree Experts, 7527 Oliver Ave. N., Brooklyn Park, MN 55444
Northeast Tree Inc., 2124 Marshall St. N.E. Suite 3, Minneapolis, MN 55418
SOS Schroeder Outdoor Services, 5346 Lakeside Ave. N., Crystal, MN 55429
3.2
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2025 –
RESOLUTION ACCEPTING A DONATION
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal to accept the following
donation:
Donor Purpose Amount
Almsted’s donation box Police K9 program $400
BE IT FURTHER RESOLVED, that the Crystal City Council sincerely thanks the above-named for their
generous donation.
Adopted by the Crystal City Council this 21st day of January, 2025.
By: __________________________
Julie Deshler, Mayor
ATTEST:
__________________________
Christina Serres, City Clerk
3.3
Memorandum
DATE: January 16, 2024
TO: Mayor and City Council
FROM: Adam R. Bell, City Manager
SUBJECT: Adoption of Council Rules for 2025
BACKGROUND:
Under Section 4.1 of the Crystal City Council Rules of Procedure (“Rules”), the City Council is
required to review and readopt the Rules at the second regular meeting of each year. The
Rules for 2025 are presented for review and adoption by the Council.
At the Jan. 9 Council Work Session the Council discussed the following substantive changes.
1.2.2 Meeting Agendas The City Manager is authorized to create the agendas for
regular and special Council meetings. The City Manager will distribute preliminary
agendas to the Council no later than the Thursday preceding before the meeting.
Agendas and informational materials for regular meetings shall be distributed to the
Council and posted on the City’s website no later than the Friday preceding the
meeting.
[Because the agenda is often still being finalized the Thursday before the meeting,
this specific deadline is unnecessarily stringent.]
2.2.2.2. Regular Agenda Order. The regular order of the agenda is as follows:
1)Call To Order
2)Roll Call
3)Pledge of Allegiance
4)Approval of Agenda
5) Proclamations
6)Special Appearances
7)Consent Agenda
a)Council meeting minutes
b)Reading and approval of disbursements over $25,000
8)Open Forum
9)Public Hearings
10)Regular Agenda
a)Reading and approval of disbursements over $25,000
[It is recommended to move the disbursements over $25,000 the Consent Agenda for
meeting efficiency purposes. If there are ever any questions on specific expenditures,
those can be answered before or during the meeting, but nearly all of the expenses are
items that are previously approved expenses, or recurring charges, such as payroll taxes,
water, recycling, IT charges, etc. The intention was for transparency, but the public reading
of each expense may be unnecessary. The complete list will still be included in the packet
3.4
materials, and this item can always be pulled from Consent if any items merit discussion.
Having these expenses as part of the Consent Agenda is the most common practice in
most cities.]
3. 2.2.6. Consent Agenda. The consent agenda is for routine and non-controversial
items. The items on the consent agenda will be considered in one motion. No items
may be placed on the consent agenda that pertain to the direct expenditure of City
funds. Any member may request that an item be removed from the consent agenda.
Such a request is not subject to debate and does not require a vote. Items removed
from the consent agenda are added to the regular agenda before the first regular
agenda item.
[This is similar to the previous suggestion. Most expenses are routine. For efficiency,
some items include direct expenditures that do not merit additional discussion and
should be able to be placed on the Consent Agenda. Again, any Consent item can
be pulled for discussion. This amendment is also required to place the payables over
$25,000 on the Consent Agenda. As a reminder, the threshold for manager
purchasing authority is $25,000, which has not been updated for quite some time.]
4. 3.1.1. Standing Work Sessions. There will be a standing work session immediately
following before each regularly scheduled Council meeting. If time requires, standing
work sessions may be recessed and then reconvened, or started after the regular
Council meeting. If there are insufficient agenda items or scheduling conflicts to
require a standing work session, it may be canceled at the discretion of the City
Manager.
3.1.2. Additional Work Sessions. Additional work sessions are typically scheduled
prior to a regularly scheduled Council meeting, and/or on the second Thursday of
the month.
[These suggested changes are to reflect the current practice.]
5. Work Session Agendas. The City Manager is authorized to create the agenda for
work sessions.
3.2.1. Agenda Order. The regular agenda order is as follows:
1) Regular Agenda Items
2) Council Liaison Reports**
3) Constituent Issues Update*
4) City Manager Update**
4) New Business*
5) Announcements*
3.2.2. Constituent Issues Update. At its standing work sessions, the Council will
receive from the City Manager an update on open constituent issues. This update
will be provided in a format mutually agreed upon by the Council and the City
Manager will report any constituent issues they have received to the City Manager.
3.2.3. City Manager Update. At the second regularly scheduled standing work session
of the month, or in the event only one standing work session is scheduled, at that
work session, the City Manager will provide a general update to the Council
providing updates and information as the Council desires.
* Only at standing work sessions.
** Only at the second standing work session of the month, or in the event only one
3.4
standing work session is scheduled, at that work session
[The existing City Manager Update is not listed in the Rules and the practice needs
revision. It is recommended that the City Manager provide an update on items he or
she believes are important in a Council approved format.]
RECOMMENDATION:
Adopt a resolution to adopt the 2025 Council Rules.
ATTACHMENT:
Proposed 2025 Council Rules
Resolution Adopting the 2025 Crystal City Council Rules of Procedures
3.4
City of Crystal
Crystal City Council Rules of Procedure
SECTION 1. AUTHORITY.
The City Charter (Section 3.03) and City Code (Subsection 200.09) of the City of Crystal, MN
direct the City Council (“Council”) to adopt a set of rules governing its procedures and order of
business. The Council has adopted Roberts Rules of Order (Newly Revised Edition), but the
rules within this document are controlling and supersede any conflicting rules in Roberts Rules
of Order.
SECTION 2. MEETINGS.
2.1. Meeting Schedule. The schedule of regular Council meetings is adopted at the end of
the prior year in accordance with City Code, Section 200 and the City Charter.
2.1.1. Amending Meeting Schedule. The schedule of regular meetings may be
amended by resolution.
2.1.2. Special Meetings. Any meeting of the Council that is not on the regular schedule
is a special meeting of the Council and shall be called by the Mayor or three
Council Members upon reasonable notice to Council Members and such other
notice as required by law, as prescribed by the City Charter (Section 3.01).
2.2. Meeting Agendas. The City Manager is authorized to create the agendas for regular and
special Council meetings. The City Manager will distribute preliminary agendas to the Council
no later than the Thursday preceding before the meeting. Agendas and informational materials
for regular meetings shall be distributed to the Council and posted on the City’s website no later
than the Friday preceding the meeting.
2.2.1. Agenda Approval. Approval of regular and special meeting agendas shall be
made during the Approval of Agenda section of the meeting. An item may be
removed from the agenda by a majority vote of the members present at the
meeting. Urgent or emergency items may be added to the agenda during a
meeting by suspending the rules in accordance with Section 4.3 below.
2.2.2. Regular Agenda Order. The regular order of the agenda is as follows:
1) Call To Order
2) Roll Call
3) Pledge of Allegiance
4) Approval of Agenda
5) Proclamations
6) Special Appearances
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7) Consent Agenda
a) Council meeting minutes
b) Reading and approval of disbursements over $25,000
8) Open Forum
9) Public Hearings
10) Regular Agenda
a) Reading and approval of disbursements over $25,000
11) Information and Announcements
a) Upcoming community events
b) Notification of upcoming work sessions and Council meetings
c) Reminder that work sessions and meetings are recorded and
available online
12) Adjournment
2.2.3. Changes to Meeting Order. After the agenda has been adopted, the presiding
officer may, at his/her discretion, modify the order of the agenda items to secure
the proper flow of the meeting. For example, a special appearance may be
moved to later in the meeting to accommodate a late presenter, or open forum
may be moved earlier/later to accommodate participants or facilitation of other
business.
2.2.4. Proclamations. A Proclamation may be used to call attention to certain events or
causes, or to recognize outstanding residents, employees, businesses, or
organizations in Crystal. All proclamations shall relate directly to the City of
Crystal. Proclamations are issued and signed by the Mayor and do not require a
vote from the Council. The City Manager and Mayor shall work together to
prepare and schedule proclamations.
2.2.5. Special Appearances. The Council may, from time to time, invite guest speakers
to address the Council. These may be other elected officials or representatives
of community programs. The scheduling of guest speakers is at the discretion of
the City Manager and Mayor. Guest speakers shall be limited in time to 10
minutes.
2.2.6. Consent Agenda. The consent agenda is for routine and non-controversial
items. The items on the consent agenda will be considered in one motion. No
items may be placed on the consent agenda that pertain to the direct expenditure
of City funds. Any member may request that an item be removed from the
consent agenda. Such a request is not subject to debate and does not require a
vote. Items removed from the consent agenda are added to the regular agenda
before the first regular agenda item.
2.2.7. Open Forum. The Council appreciates hearing from citizens about items of
concern and desires to set aside time during each meeting for Open Forum.
Under normal order, each person will be allowed three minutes to speak, and no
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items may be addressed for more than ten minutes. The Mayor may, at his/her
discretion as presiding officer, extend the total time allowed for a topic. No
Council action may be taken on any items brought before the Council on Open
Forum.
2.2.8. Resolutions. A Resolution may be used to express Council policy, direct
administrative or legal action, or to make a public statement from the Council
(symbolic resolution). A resolution must be presented in writing and is not
required to be read in full before a vote is taken unless the reading of a resolution
is requested by at least two members of the Council. (City Charter, Section
3.07). Resolutions are passed by majority vote of a quorum as provided in City
Charter, Section 3.04, unless a supermajority vote is required by law or the City
Charter. Resolutions take effect immediately upon passage unless a later
effective date is stated in the resolution. (City Charter, Section 3.09). All
symbolic resolutions must directly relate to the business of the City of Crystal.
The Council will not issue symbolic resolutions on pending legislation, ballot
measures, or any items being discussed by other legislative bodies.
2.2.9. Public Input. It is the policy of the Council to seek feedback from the community
prior to implementing a change in policy. Whenever practical, the Council will
schedule an opportunity for public comment on a new policy at the meeting prior
to the meeting where a vote will take place.
SECTION 3. WORK SESSIONS.
3.1. Work Session Schedules. The schedule of regular work sessions is adopted at the
beginning of the year in accordance with City Code, Section 200 and the City Charter.
The schedule for work sessions is typically as follows:
3.1.1. Standing Work Sessions. There will be a standing work session immediately
following before each regularly scheduled Council meeting. If time requires,
standing work sessions may be recessed and then reconvened, or started after
the regular Council meeting. If there are insufficient agenda items or scheduling
conflicts to require a standing work session, it may be canceled at the discretion
of the City Manager.
3.1.2. Additional Work Sessions. Additional work sessions are typically scheduled prior
to a regularly scheduled Council meeting, and/or on the second Thursday of the
month.
3.1.3. Budget Work Sessions. Budget Work Sessions are typically scheduled to
coincide with the budget process and are dedicated to discussion of formulation
of the City budget.
3.1.4. Amending Meeting Schedule. The schedule of work sessions may be amended
by resolution at a Council meeting.
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3.1.5. Special Work Sessions. Any work session of the Council that is not on the
regular schedule is a special meeting of the Council and shall be called by the
Mayor or three Council Members upon reasonable notice to Council Members
and such other notice as required by law, as prescribed by the City Charter
(Section 3.01).
3.2. Work Session Agendas. The City Manager is authorized to create the agenda for work
sessions.
3.2.1 Agenda Order. The regular agenda order is as follows:
1) Regular Agenda Items
2) Council Liaison Reports**
3) Constituent Issues Update*
4) City Manager Update**
5) New Business*
6) Announcements*
3.2.2. Council Liaison Reports. At the second regularly scheduled standing work session of the
month, or in the event only one standing work session is scheduled, at that work session,
the City Council Members will provide a general update of their liaison activities to the rest
of the Council
3.2.3 Constituent Issues Update. At its standing work sessions, the Council will receive from the
City Manager an update on open constituent issues. This update will be provided in a
format mutually agreed upon by the Council and the City Manager will report any
constituent issues they have received to the City Manager.
3.2.4. City Manager Update. At the second regularly scheduled standing work session
of the month, or in the event only one standing work session is scheduled, at that
work session, the City Manager will provide a general update to the Council
providing updates and information as the Council desires.
3.2.5. New Business. Any Council member may bring an item up for discussion during
the New Business portion of the standing work session. Discussion on each item
is limited to three minutes. Upon the agreement of a minimum of two Council
Members, the item may be added to the agenda for further discussion at the next
regular work session, or as soon as reasonably possible. Upon the agreement of
a minimum of three Council Members, the item may be added to the next Council
meeting agenda.
3.2.6. Announcements. This section of the agenda is for Council members and staff to
make announcements about upcoming events or meetings, or to preview the
agenda for upcoming meetings and work sessions.
3.3. Recording. All work sessions shall be audio recorded, and the recordings shall be
retained and made available on the City’s website for a period of two years.
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SECTION 4. GENERAL.
4.1. Adoption of Rules. Rules shall be adopted by a resolution requiring an affirmative vote
of 5 Council Members at the second regular Council meeting of each year. If rules are
not adopted at this meeting they will be presented at every subsequent meeting until
they are adopted. Current rules remain in effect until new rules are adopted.
4.2. Amendment of Rules. Once adopted for a calendar year, rules shall not be amended
except by resolution requiring an affirmative vote of 6 members.
4.3. Suspension of Rules. A rule may be temporarily suspended by an affirmative vote of
two-thirds of the members present. The specific reason for suspending the rules must
be stated in the motion to suspend, and no business may be transacted except the
stated business.
4.4. Motions reduced to writing. Pursuant to City Code, Subsection 200.11, “A motion must
be reduced to writing at the request of any member present. Ordinances and resolutions
must be presented in writing and read in full before a vote is taken thereon unless the
reading is dispensed with by unanimous consent.”
4.5. Tie Votes. A tie vote results in a lost motion.
4.6. Unanimous Consent. Unanimous consent for the dispensing of reading of ordinances is
assumed unless a member requests a formal reading prior to the vote on the item in
question. A resolution is not required to be read unless requested by at least two
members.
4.7. Presiding Officer. The Mayor is the presiding officer for all meetings and work sessions.
In the absence of the Mayor, the order or precedence is the Mayor Pro-Tem, the EDA
President, the EDA Vice President, the EDA Secretary, and the EDA Treasurer.
4.8. Decorum. It is the desire of the Council to conduct Council meetings and work sessions
in as informal a way as possible to facilitate open and natural discussion of agenda
items. Council members are to refrain from personal attacks or off-topic conversations.
The presiding officer at Council meetings is responsible for maintaining decorum.
4.9. Vote Count Reference. This section indicates the number of votes required to achieve a
threshold at various voting strengths. An affirmative vote of a majority of all the
members is required to adopt an ordinance. An affirmative vote of a majority of a
quorum is required to pass a resolution or motion.
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Number of Members Present
Threshold 7 6 5 4
Three Fourths 6 5 4 3
Two Thirds 5 4 4 3
Majority 4 4 3 3
This chart is for illustrative purposes only. The number of votes required on matters identified
by law requiring more than a majority vote of a quorum of the Council will be stated on the
agenda. Specific statutory supermajority voting requirements include, but are not limited to, the
following: unanimous vote of all Council Members to amend the City Charter by ordinance
(M.S. § 410.12, subd. 7); four-fifths vote to publish an ordinance by title and summary (M.S. §
412.191, subd. 4); four-fifths vote to reduce appropriations in the budget resolution or to transfer
unencumbered funds to other purposes (M.S. § 412.731); four-fifths vote to order an
unpetitioned for improvement project subject to special assessments (M.S. § 429.031, subd.
1(f)); two-thirds vote to amend the comprehensive plan (M.S. § 462.355, subd. 3); and two-
thirds vote to rezoning residential property to commercial or industrial (M.S. § 462.357, subd.
2(b)). Voting minimums may also be affected by the City Charter or other laws.
SECTION 5. PUBLIC ATTENDANCE AT MEETINGS.
5.1. Encouraged; Subject to Rules. The public is encouraged to attend Council meetings
and to provide their input during the scheduled citizen input time and during public
hearings. However, certain rules need to be established and must be observed
regarding public attendance at, and participation in, meetings to ensure others have an
opportunity to speak and to allow the Council to conduct its business without disruption.
Those who attend Council meetings shall comply with the rules set out in this Section
and failure to comply with these rules may result in the person being ejected from the
meeting. These rules apply to all public meetings held by the Council and, to the extent
practicable, meetings held by the City’s commissions, committees, and boards.
5.2. Remain Seated. Unless addressing the Council, or entering or leaving the meeting
room, all persons in the audience shall remain seated in the seats provided in their
current location. No person shall stand or sit in the aisles or along the walls unless
permitted by the Presiding Officer. No person shall block any doorways or interfere with
those attempting to speak at open forum or during a public hearing in accordance with
these rules. No person, other than Council Members and staff, shall enter the area
behind the dais in the Council Chambers during Council meetings.
5.3. Demonstrations. All demonstrations, including cheering, yelling, whistling, handclapping,
and foot stomping which disrupts, disturbs, or otherwise impedes the orderly conduct of
the Council meeting are prohibited.
5.4. Obstruct Views. Members of the audience and speakers shall not wear or display signs,
placards, banners, hats, costumes, or similar items at any time in the meeting room that
obstructs the view of other audience members. In no event shall signs, placards,
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banners, props, or similar items be larger than 8 ½ by 11 inches, be illuminated, or be
attached to any pole, stick, or other device.
5.5. Open Forum. As noted in Section 2.2.7 of these rules, the Council provides an
opportunity for public input during the open forum portion of its agenda during regular
Council meetings. Those who wish to speak during the open forum shall fill out a yellow
slip provided in the meeting room and provide it to the City Clerk. No person shall
address the Council until he or she has first been recognized by the Presiding Officer.
Unless directed otherwise by the Presiding Officer, comments shall be made at the
designated podium and the speaker shall state his or her name and address before
commenting. In the interest of facilitating the business of the Council, all persons
addressing the Council shall be limited to three minutes, and no matter may be
addressed for more than ten minutes unless such time is extended by the Presiding
Officer for good cause as provided in these rules.
5.6. Interruptions. Members of the audience shall respect the rights of others. No person in
the audience at the Council meeting shall engage in conduct that disrupts the orderly
conduct of any Council meeting, including, but not limited to, the utterance of loud,
threatening or abusive language, whistling, clapping, stamping of feet, repeatedly
waiving of arms, or other disruptive acts.
5.7. Recordings. Photographs, audiotapes, and videotapes may be taken from any seat
available to the public within the meeting room or from the rear of the meeting room.
Except when presentations are being made, photographs, audiotapes and videotapes
may not be taken from the side or middle aisles or from the front of the Council
Chambers as such practices disrupt and disturb the audience, public speakers, and
Council Members and interfere with the orderly conduct of the meeting. Photographs,
audiotapes, and videotapes shall not be taken in any manner which disturbs or disrupts
the audience, speakers, or Council Members or otherwise disrupts the Council meeting.
5.8. Animals. Animals are prohibited in the Council Chambers, except for trained K-9 police
dogs and trained service animals as defined under State and Federal law.
5.9. Enforcement of Rules. The Presiding Officer of the Council, with the assistance of law
enforcement, shall be responsible for maintaining the order of the meeting. The rules
established in this Section 5 shall be enforced as follows:
1) The Presiding Officer has the authority to issue a verbal warning to a person
violating the rules;
2) If the person issued a warning by the Presiding Officer continues to violate the
rules and disrupt the meeting, the Presiding Officer will direct the person to be
ejected or excluded from the meeting room; and
3) The ejection shall be for the remainder of the session at which the violation of the
rules occurred.
Adopted by Resolution on the 21st day of January 2025.
3.4
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2025 - __
A RESOLUTION ADOPTING THE 2025 CRYSTAL
CITY COUNCIL RULES OF PROCEDURES
WHEREAS, the City Council has previously adopted the “Crystal City Council Rules of
Procedure” (“Council Rules”) that govern how it conducts its business at meetings; and
WHEREAS, Section 4.1 of the Council Rules indicates the City Council is to review and
readopt the Council Rules by a vote of at least five Councilmembers each year at its second
meeting in January; and
WHEREAS, the City Council reviewed the proposed Council Rules and determined to
move forward with the adoption of them as presented (“2025 Council Rules”).
NOW, THEREFORE, BE IT RESOLVED, that the Crystal City Council hereby adopts
the attached 2025 Council Rules to govern the meetings of the City Council in 2025 and until
successor rules are adopted.
Adopted by an affirmative vote of at least five members of the Crystal City Council this 21st day
of January 2025.
____________________________
Julie Deshler, Mayor
ATTEST:____________________________
Christina Serres, City Clerk
3.4
Memorandum
DATE:
TO:
FROM:
SUBJECT:
January 16, 2025
Mayor and City Council
Adam R. Bell, City Manager
Consider Appointments to the Sustainability Commission
____________________________________________________________________
BACKGROUND
The City Council interviewed the following candidates for appointment to the Sustainability
Commission on January 7. All four candidates are recommended for appointment to the
Sustainability Commission.
•Appoint Taylor Sullivan (Section I) to a term to expire 12/31/26
•Appoint Lindsay Stambaugh (Section II) to a term to expire 12/31/27
•Appoint Lauren Post (Section II) to a term to expire 12/31/25
•Appoint Leanne Russell Fate (Section I) to a term to expire 12/31/26
*The staggered, rotating terms are selected based on the date of the application was received.
At this time, there are two vacancies remaining. One from Section I and one at-large. Attached
are the applications of the applicants.
RECOMMENDATION
Recommend new appointments of listed candidates to the Sustainability Commission for the
designated terms.
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CITY OF CRYSTAL
RESOLUTION NO. 2025 - __
RESOLUTION OF MUNICIPAL ADVISOR DESIGNATION FOR 2025
WHEREAS, the City of Crystal engages with Registered Municipal Advisors for
specialized public finance services regularly; and
WHEREAS, Crystal currently engages Municipal Advisors for public finance
investment and asset management and services related to the issuance of
municipal securities; and
WHEREAS, these public finance services differ from those provided by the City's
contracted financial accounting services provider, Abdo Solutions.
NOW, THEREFORE, BE IT RESOLVED, the City of Crystal designates the
following Municipal Advisors for the City for 2025:
Registered Municipal Advisors:
PMA Financial Network, LLC
Ehler’s, Inc.
Bremer Bank Wealth Management
___________________________
Julie Deshler, Mayor
ATTEST:
______________________________
Christina Serres, City Clerk
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CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2025 – __
RESOLUTION
RECOGNIZING BLACK HISTORY MONTH
FEBRUARY 2025
WHEREAS, the city of Crystal is committed to recognizing and honoring all members of
our community and one of the City Council’s priorities is that Crystal be a city in which all feel
welcomed; and
WHEREAS, across the United States, this February millions of Americans are joining
together to celebrate the accomplishments and lasting impacts of our country’s Black leaders,
citizens, and people; and
WHEREAS, in this month-long, national celebration, we applaud the contributions of the
Black community to build lasting change for generations to come; and
WHEREAS, the City of Crystal’s establishment and support of an Inclusion and Diversity
Commission will help further the goal of identifying ways to eliminate barriers and promote a
safe, welcoming, inclusive, and diverse community; and
WHEREAS, the Crystal City Council invites all community members to commit to
understanding, justice, freedom, and equality for all.
NOW, THEREFORE, BE IT RESOLVED, that the Crystal City Council recognizes February
2025, as Black History Month in the City of Crystal
Adopted by the Crystal City Council this 21st day of January 2025.
By: __________________________
Julie Deshler, Mayor
ATTEST:
__________________________
Christina Serres, City Clerk
3.8
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: January 15, 2025
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Application for a Veterans Memorial and Commemorations Grant
Twin Oaks Park
Twin Oaks Park is being rebuilt in 2025. As part of this redevelopment, the existing
POW/MIA memorial in the park will be relocated closer to Bass Lake Road. The new site is
across the street from the Charles Knaeble VFW Post #494, and will be more visible and
accessible to those driving by.
The Minnesota Department of Administration has funds available for veterans’ memorials
and commemorations to be awarded for groups celebrating, recognizing, and honoring the
sacrifices of those who served in the military, including memorials, commemorations,
facilities, and park features. City of Crystal staff and Charles Knaeble VFW Post #494
leadership have met, and are interested in working together to honor veterans with a
relocated memorial in Twin Oaks Park. Much of the existing memorial is not able to be
moved; so, the grant request would be for 2 new flag poles, new benches and a new base
for the existing plaque.
The City of Crystal has funds available in the Twin Oaks Park project budget and the VFW
has funds available to be used as a match to the state grant funds. The proposed budget is:
State of Minnesota Grant $ 16,000
Charles Knaeble VFW Post #494 $ 8,000
City of Crystal $ 8,000
Total Memorial Cost $ 32,000
The grant application is due January 24, 2024. A total of $102,375 is available for up to 10
grant awards.
Requested Council Action
Adopt the attached resolution authorizing a Veterans Memorial and Commemorations grant
application to the Minnesota Department of Administration to assist with relocating the
veterans memorial in Twin Oaks Park.
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RESOLUTION NO. 2025 - ______
AUTHORIZING AN APPLICATION FOR A VETERANS MEMORIAL AND
COMMEMORATIONS GRANT FROM THE MINNESOTA DEPARTMENT OF
ADMINISTRATION FOR THE VETERANS MEMORIAL IN TWIN OAKS PARK
WHEREAS, the Minnesota Department of Administration requests proposals for veterans
memorials and commemorations to be awarded for groups celebrating, recognizing, and
honoring the sacrifices of those who served in the military, including memorials,
commemorations, facilities, and park features, and
WHEREAS, the City of Crystal has a POW/MIA memorial in Twin Oaks Park that will be
moved in 2025 as part of a park improvement project, and
WHEREAS, The City of Crystal and VFW Post #494 are interested in working together to honor
veterans with a relocated memorial in Twin Oaks Park.
NOW, THEREFORE BE IT RESOLVED BY THE City Council of the City of Crystal:
I.The estimate of the total cost of the new veteran’s memorial in Twin Oaks Park shall be
$32,000. The City of Crystal is requesting $16,000 from the Veterans Memorials and
Commemorations grant program.
II.The City of Crystal and Charles Knaeble VFW Post #494 are interested in working
together to fund the remainder of the project.
III.The City of Crystal is the owner of the property where the memorial will be located.
IV.That John Elholm, Recreation Director, is authorized and directed to execute the
application for the Veterans Memorials and Commemorations grant.
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented
to and adopted by the Crystal City Council at a duly authorized meeting thereof held on the 21st
day of January 2025 as shown by the minutes of said meeting in my possession.
Julie Deshler, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
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Twin Oaks Park
New Memorial Location
Existing Memorial
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
2025 STATE LEGISLATIVE PRIORITIES
1.Local Control –
The City opposes legislation that erodes local control in cities across Minnesota.
Local city councils are the most knowledgeable and directly accountable agencies
that understand the needs of their residents.
a.Local zoning and land use authority
The Legislature needs to allow local elected officials to determine the zoning
needs appropriate for their community’s needs. Local governments are
responsible for zoning and local officials should have full authority to approve
variances to remain flexible in response to the unique land use needs of their
own community. Local zoning decisions, and the implementation of cities’
comprehensive plans, should not be conditioned upon the approval of the
Metropolitan Council or any other governmental agency.
Crystal supports local authority over land use and zoning decisions and
opposes the creation of non-local appeals boards with the authority to
supersede city zoning decisions, and statutory modifications that would
diminish the ability of cities to set and implement local zoning ordinances and
policies.
b.Local financial control.
The Legislature needs to allow local elected officials to establish budgets and
tax levies appropriate for their community’s needs. Crystal supports
legislation allowing local councils to make responsible and appropriate budget
and levy decisions without levy limits within the broad context of state and
federal laws. Crystal opposes legislation that would further restrict a city’s
ability to raise revenue to fund various needs that it deems appropriate.
2.Modernizing Community Television Funding –
The City supports modernization for Community television funding to reflect
marketplace changes and ensure the continuation of the ability to inform and engage
citizens. This can be accomplished in several ways:
• Assess a fee on streaming services, collected by local governments, for use by
public, education, and government community television.
• Create a state broadband franchise requirement for private use of the public right
of way, in which local governments dedicate a portion of the associated fees for
community television support.
• Establish a state allocation to support community media stations providing public,
education and government programming.
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3. Residential Housing Programs –
The City opposes legislation enacted in 2024 that exempts group homes and
assisted living facilities with licensed capacities of six or fewer individuals from local
rental licensing regulations. Local communities are best positioned to determine
whether residential group homes should be included in a rental housing inspection
program. Residents in group homes can be especially vulnerable to experiencing
unsafe living conditions. Local inspections ensure that housing meets minimum
standards and requirements for safety and livability. In addition to any state
oversight, local inspections also ensure that any housing conditions needing
attention can be addressed promptly. The City urges the Legislature to consider its
repeal or modification to allow some form of local regulation including rental property
inspections.
Furthermore, the city supports legislation that would address the undue burden that
group homes generate on public safety and our limited resources. Congregate care
facilities receive a disproportionate amount of emergency response calls in Crystal
and our surrounding communities. Crystal supports legislation that would regulate
group home densities and provide additional public safety resources to better
address the needs of these properties.
4. Urban Forest Management Funding –
The City supports increased funding to assist cities with building capacity for urban
forest management and meeting the costs of preparing for, and responding to,
catastrophic urban forest problems, especially emerald ash borer. The state should
establish an ongoing grant program that is usable for those activities. Most current
funding opportunities are restricted to public property; however, a significant amount
of the problem is located on private property and is a significant burden on private
citizens with the inability to afford remediation.
5. Permanent Public Safety Funding
The City supports legislation and annual funding to assist cities with the cost of
providing essential but underfunded services such as:
• Community violence prevention and intervention programs
• Community engagement
• Mental health crisis responses
• Victim services
• Training programs
• First responder wellness
• Equipment related to fire, rescue, and emergency services
• Improved sharing of Real-Time Crime Data amongst neighboring cities
6. Permit To Purchase Fees and Additional Applicant Data Collection
The City supports allowing local municipal police departments to charge a
reasonable fee for processing permit-to-purchase applications and seeks to require
Minnesota Permit to Purchase and Permit to Carry application forms to include a
requirement for the applicant’s race, ethnicity, and social security number. These
additional identifying factors are beneficial in confirming the applicant’s identity,
especially when there are possible matches with out-of-state criminal history
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records. Additionally, the legislation should include a requirement for the applicant to
submit a copy of their valid Driver's License or Minnesota State ID card. The
applicant's address on this ID and all documents in the permit application process
should reflect/match their actual address, city, and zip code of residence.
7. Stiffer Penalties for Violent Crime Committed with a Firearm
The City supports legislation that would amend state statutes to increase penalties
for violent felons in possession of firearms and for straw purchases and illegal sales
of firearms from licensed gun dealers. This legislation includes mandatory minimum
sentences for such violent crimes.
8. Red Light Camera Pilot
The City strongly supports legislation that expands the number of cities eligible to
participate in Minnesota's red light camera pilot program, including the City of
Crystal. The use of red light cameras may prove to be an effective tool in enhancing
traffic safety, reducing dangerous driving behaviors, and preventing accidents at
busy intersections. Minnesota's current red light camera pilot program is a four-year
initiative that began on August 1, 2025, and will run through July 31, 2029. The
program currently only allows the cities of Minneapolis and Mendota Heights to use
traffic safety cameras to enforce red light running and speeding violations.
Crystal, MN is committed to improving public safety and ensuring the well-being of
all who travel its streets. By participating in this pilot program, the city can implement
advanced traffic enforcement technology that promotes safer driving habits and
protects pedestrians, cyclists, and motorists alike.
Expanding eligibility for this program will allow more communities to address local
traffic concerns with evidence-based solutions, ultimately contributing to a safer
transportation network throughout Minnesota. We urge policymakers to support this
legislation and empower cities like Crystal to take proactive steps toward safer roads
for everyone.
9. Election Administration
Cities play a critical role in managing and ensuring the integrity of elections. Any
changes made to election laws should not place undue financial or administrative
burdens on local governments. Crystal supports reimbursement by the state to local
units of government for any costs associated with changes to election laws. The City
supports changes to state laws that allow sufficient flexibility for municipalities in
addressing vacancies in municipal offices. The City supports laws to increase
efficiencies in administering absentee ballots and early voting, to reduce the
potential for errors, and to improve absentee balloting and early voting processes.
Crystal further supports:
• Statutory changes to allow direct balloting for the duration of the absentee
voting period.
• Establishing an earlier deadline for ending in-person absentee voting.
• Authorizing cities to schedule election judges to conduct absentee voting at
an earlier date in healthcare facilities.
3.10
• Additional funding and flexibility for cities that administer absentee balloting
and early voting.
• Requiring the legislature to conduct a cost-benefit analysis for Minn. Stat. §
203B.085, which mandates certain days and hours for early voting, weighing
the number of voters served by extended hours on evenings and weekends
with the cost to local governments.
10. Transportation –
More resources must be dedicated to all components of the state’s transportation
system, and local units of government must have access to resources and funding
tools to meet growing needs. Safety and effectiveness must be prioritized for all
transportation modes.
a. Adequate Funding
o The City supports increased, dedicated, and sustainable state funding for
Municipal and Non-Municipal State Aid city streets to help cities address
street repair needs and premature street degradation on both MSA streets
and local streets. This would also require a change of MSA eligibility
funding to include reimbursement for local streets.
o The City supports funding to address the burden of cost participation
responsibilities imposed by improvement projects on the state and county
roadway systems. The timing and notice of cost participation expectations
also need to be addressed to give cities adequate time to plan and secure
funding.
o The City supports the establishment of a “Mainstreets Fund” to assist
cities with non-transportation-related components of road and street
projects such as utility upgrades and improvements that contribute to
economic development.
o Turnbacks of County and State Roads - The City supports legislation
providing direct funding or transfer of a funding source for turnbacks. Road
turnbacks should not occur without these funds in place. At a minimum,
roads that are proposed to be turned back to a city government should be
brought up to the standards of the receiving government, or that city
should be compensated with a direct payment.
o The City supports increased funding for expanded, safe, and reliable
transit and pedestrian options within the city. Expanded transit options
contribute to enhanced accessibility, long-term environmental
sustainability, social equity, and economic prosperity.
For further information, contact Adam R. Bell, City Manager, at 763-531-1140, or
Adam.Bell@crystalmn.gov
3.10
DATE:January 14, 2025
TO:Adam R. Bell, City Manager
City of Crystal City Council
FROM: Jean McGann, Contracted Finance Director
RE: Expenditures over $25,000
Payee Amount
Hampton Companies Partial Return of Escrow $32,000.00
Northwest Asphalt Inc 2024 Utility Reconstruction $464,632.71
Crosstown Masonry Inc Concrete for Pool $100,571.51
LMCIT Q1 2025 Property and Casualty Insurance $70,139.00
West Metro Fire Rescue District January Contribution to West Metro Fire $150,029.25
HealthPartners, Inc.January Health Insurance Premiums $152,199.00
MN PERA Employee & City Required Contributions for 1/3/25 Pay Date $74,340.76
IRS - EFTPS Federal & FICA Withholding Taxes for 1/3/25 Pay Date $75,930.48
$1,119,842.71
Description
5.1
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: January 16, 2025
SUBJECT: Regular Agenda: January 21, 2025 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
For the past few years, we have partnered with Tubman for their Domestic Assault Advocate
Services. We would like to continue with their service and attached to this memo is their 2025
contract.
CONSIDERATION
We are asking for your approval of the 2025 contract which has no service changes or rate
change. The current rate is $57,500 per year.
As always, please let me know if you have any questions. Thanks.
5.2
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5.2
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: January 16, 2025
SUBJECT: Regular Agenda: January 21, 2025 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
For the past few years, we have been researching ways to save money and to provide a better
service to our community with regards to animal calls for service.
Deputy Chief Hubbard will present information about an agreement we would like to pursue
with Access Veterinary Care, a business located in our city.
CONSIDERATION
We are asking you to approve the agreement with Access Veterinary Care which is attached to
this memo.
As always, please let me know if you have any questions. Thanks.
5.3
5.3
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5.3
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: January 16, 2025
SUBJECT: Regular Agenda: January 21, 2025 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
As you are aware, traffic safety is vitally important to the police department, to you as elected
officials, and to our community. We spoke to you during the budget discussion about
purchasing a speed/camera trailer that is much more innovative and up to date compared to
our old trailer which is over 15 years old.
CONSIDERATION
We are asking for your approval of the resolution to purchase the Falcon trailer with speed
sign. The budgeted amount is $60,000 and the Police Equipment Revolving Fund has
sufficient funds in the Long Term Plan. Deputy Chief Hubbard will present a few photos and
additional information at the council meeting.
As always, please let me know if you have any questions. Thanks.
5.4
QUOTE
# 28369.2
DATE: 8/8/2024
QUOTE #: 28369.2
QUOTE EXP: 9/9/2024
PROJECT NAME: Crystal Police Department /Mobile Surveillance
TO:Crystal Police Department
Justin Tourville
4141 Douglas Dr. N
Crystal, MN 55427
763-531-1014
justin.tourville@crystalmn.gov
SALES PERSON PAYMENT TERMS
Karl Olson
QTY UNIT PRICE EXTENDED PRICE
1 $59,734.00 $59,734.00
QTY MODEL NUMBER
1 MPS-3100-BASE
1 GEN-3100-GAS
1 BATT-KIT-9-100
1 CC-CH52-1TBE-HW
1 CC-CP52-512E-HW
2 POE-70W-24V
1 POE-35W-24V
1 POE-RACK-PLATE
1 COM-TR-CP-S700
1 3100-TR-AUDIO-AX-1310-A
1 SW-16-P-1GIG
1 TM-STROBE POD KIT
1 TM-LIGHT-BAR-KIT-42-R20
1 HD-WHEEL-JACK
1 SUPPORT AGREEMENT
1 SOLAR-960W -3100
1 LIC-CH52-3Y
1 LIC-3Y
1 STALKER RADAR
PROPOSAL CREATED BY:
Karl Olson
Solutions Consultant Total Less Options: $59,734.00
Mobile Pro Systems Estimated Sales Tax: TBD
250 Lothenbach Ave.Estimated Shipping: TBD
West St. Paul MN 55128 Estimate TOTAL: $59,734.00
Cell: 612-426-9978 Shipping TERMS: TBD
Direct: 952-600-2938
eMail: Karl.Olson@mobileprosystems.com
I accept this estimate DATE
Freight Charges To Be Determined (TBD) and are based upon
quantity ordered and final shipping destination…..
System Includes a (1) One Year Limited Warranty
This QUOTE is valid for 30 days.
HEAVY DUTY FRONT WHEEL JACK
SUPPORT AGREEMENT / YEAR
960W SOLAR SYSTEM 3100 KIT
3-Year CH52 Multisensor Camera License
3-Year Camera License
15" PMG w/Traffic Analyst - SPEED PLUS TRAFFIC COUNTING
RACK PLATE WITH MOUNTING HARWARE
CRADLEPOINT CELLULAR ROUTER S700 KIT
IP BASED 2 WAY AUDIO HORN KIT 3100 - AXIS C1310-E ABOVE T-BAR
16 PORT NETWORK SWITCH
TOP MAST LED STROBE LIGHT POD KIT
TOP MAST 2-42" LED FLOOD LIGHT KIT
MPS 3100 GAS GENERATOR SYSTEM
900 AH AGM BATT 3100
CH52-E Outdoor Multisensor Camera, 1TB, 30 Days Max
CP52 Outdoor PTZ Camera, 512GB, 30 Days Max
24VDC DUAL CHANNEL HI POE 70W
24VDC HI POE 35W
PROJECT SCOPE
1 3100 - SOLAR - STALKER RADAR - VERKADA
DESCRIPTION
MPS 3100 TRAILER SYSTEM
DESCRIPTION
FALCON 3100 BASE TRAILER SYSTEM w/ 20 ft. stabilized MAST
5.4
RESOLUTION NO. 2025 – ____
RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND
EXPENDITURE FOR PURCHASE OF SPEED/CAMERA TRAILER
WHEREAS, the city manager's office has received and recommends approval of
said appropriations; and
WHEREAS, the appropriation is included in the 2025-2035 Police Equipment
Fund Budget; and
WHEREAS, the City Council hereby acknowledges:
1. The speed/camera trailer will be utilized by police officers and community
service officers.
2. The most suitable source of funding is the Police Equipment Revolving
Fund (PERF).
3. Per the PERF’s policy, there will be sufficient accumulated earnings to
cover the appropriation without use of fund principal.
WHEREAS, the city has an independent quote from Mobile Pro Systems for the
purchase of the speed/camera trailer and necessary equipment for installation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Crystal accepts the independent bid quote and appropriates monies from the PERF for the
purchase of the speed/camera trailer along with the necessary equipment not to exceed
$60,000.
Adopted by the Crystal City Council this 21st day of January, 2025.
____________________________________
Julie Deshler, Mayor
ATTEST:
_______________________________
Christina Serres, City Clerk
5.4
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: January 15, 2025
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Twin Oaks Park Play Area Purchase and Installation
The play area in Twin Oaks Park is scheduled for replacement in 2025. The current play area
was built in 2003 and is in poor condition. Play area designs were developed over the summer
of 2024, with options being discussed at a public meeting in the park on August 7. Draft plans
were also available for viewing online, additional public outreach was sought at the Winterfest
event, and plans were reviewed monthly by the Park and Recreation Commission.
The 2025 capital budget (park improvement fund) includes $425,000 for a new play area, small
picnic shelter, basketball court and trails in Twin Oaks Park. The play area portion of this budget
is $200,000. The project will also receive a Hennepin County Youth Activities (HCYA)
playground grant of $100,000 and a federal Community Development Block Grant (CDBG)
through Hennepin County of $146,000. Because of the federal funding, installation of the play
area will follow prevailing wage requirements.
The play area design was developed by Landscape Structures, Inc. and Flagship
Recreation. The equipment can be purchased from Landscape Structures, Inc. under state
contract #218091 in the amount of $100,545.43. Installation of the equipment can be
completed by Flagship Recreation, the authorized installer of Landscape Structures
equipment, in the amount of $88,413.02. The installation also includes a combination of
poured in place (PIP) rubber surfacing and engineered wood fiber (EWF) surfacing. A
concrete border around the play area will be installed under a separate agreement.
Project Costs
Landscape Structures, Inc. quote $ 100,545.43
Flagship Recreation quote $ 88,413.02
Concrete border TBD
Staff recommends approval of the attached resolution entering into agreements with Landscape
Structures, Inc. in the amount of $100,545.43 for the purchase of play area equipment; and with
Flagship Recreation in the amount of $88,413.02 for installation of the equipment and surfacing.
5.5
CITY OF CRYSTAL
RESOLUTION 2025 -
RESOLUTION IN SUPPORT OF PLAY AREA REPLACEMENT
IN TWIN OAKS PARK
WHEREAS, the City of Crystal owns and operates Twin Oaks Park; and
WHEREAS, the 2025 capital budget (park improvement fund) includes funds to replace the play area and
other amenities in Twin Oaks Park; and
WHEREAS, additional funds have been authorized for the same project through Community
Development Block Grant (CDBG) funding and Hennepin County Youth Activities (HYCA) grant
funding; both through Hennepin County; and
WHEREAS, play area equipment can be purchased from Landscape Structures, Inc. under state contract
#218091; and
WHEREAS, the quote from Landscape Structures, Inc. is $100,545.43; and
WHEREAS, installation of play area equipment can be completed by Flagship Recreation, the authorized
installer of Landscape Structures equipment; and
WHEREAS, the quote from Flagship Recreation is $88,413.02; now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into agreements with:
1. Landscape Structures, Inc. in the amount of $100,545.43; to provide play area equipment for
Twin Oaks Park.
2. Flagship Recreation, in the amount of $88,413.02, to install equipment provided by
Landscape Structures, Inc. in Twin Oaks Park.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with Landscape Structures, Inc. and Flagship Recreation as specified above.
Adopted by the Crystal City Council this 21st day of January, 2025.
________________________
Julie Deshler, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
5.5
Twin Oaks Park
Proposed Play Area
Existing Play Area
5.5
Date
Expires
Quote:
Contact:
Phone:
Email:
QTY ITEM #UNIT PRICE EXT. PRICE
1 EQUIPMENT $104,801.00
1 DISCOUNT 8.00%($8,384.08)
1 BONDING $2,928.51
Subtotal $99,345.43
Freight $1,200.00
Sales Tax Tax Exempt
Total $100,545.43
SDS 12-0395 PO Box 86
Minneapolis, MN 55486-0395
Twin Oaks Park
5116 Wilshire Blvd
Crystal, MN 55429
Ship To:
Bill To:
City of Crystal
4800 Douglas Dr. N
Crystal, MN 55429
Page 1 of 2
State Contract #218091
Quotes from Landscape Structures,Inc.are subject to current Landscape Structures,Inc.policies as well as Terms &Conditions,Inclusions &Exclusions
outlined below unless noted otherwise on this quote. Changes are subject to price adjustment.Sales tax,if applicable, will be applied unless a tax-exempt
certificate is provided at the time of order entry.Customer deposits,if required,must be received before orders will be entered &installation scheduled.
Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Landscape Structures, Inc.
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Description
Twin Oaks - Option 2
State Contract #218091
Payment & Performance Bonds
John.Elholm@crystalmn.gov
12/12/2024
2/5/2025
763-531-1150
John Elholm - Recreation Director
City of Crystal
Landscape Structures, Inc.
Please Make PO's & Contracts Out To:
601 7th St. S
Delano, MN 55328
Please Remit Payment To:
Landscape Structures, Inc.
5.5
$100,545.43
Page 2 of 2
Accepted By (Print) Julie Deshler, Mayor Adam R. Bell, City Manager
Date: January 21, 2025
Signature:
Purchase Amount:
Acceptance of Quotation:
Terms &Conditions
Contract:Seller's Copy of signed quote represents the contract between Seller and Buyer.This form supersedes all previous
communicationsand negotiations and constitutes the entire agreementbetween the parties.Any changes to this contract
are not binding unless jointly agreed in writing via Change Order.
Project Scope (This Section For Quotes Including Installation)
Inclusions:
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specified)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
Exclusions (Unless Specifically Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permits of Any Kind
5.5
Twin Oaks Park
5116 Wilshire Blvd
Crystal, MN 55429
2025
Qty Item No.Description Price Ext Price
1 111364A Loop Ladder 48"Dk DB $1,270 $1,270.00
1 135346D Pod Climber 40"Dk DB $2,560 $2,560.00
1 181114B Wiggle Ladder 40"Dk DB $969 $969.00
2 111237A Square Tenderdeck $1,066 $2,132.00
1 153020B Curved Transfer Module 40"Dk Right DB $3,443 $3,443.00
1 179349A Kick Plate 8"Rise $153 $153.00
1 144984A Storefront Panel $571 $571.00
1 177719A Rain Sound Wheel Panel Above Deck $2,820 $2,820.00
2 111397C 106"Post DB $398 $796.00
2 111397B 114"Post DB $403 $806.00
2 111397A 128"Post DB $485 $970.00
1 154883B 249"Steel Post (60" Bury) For CoolTopper Single Post Pyramid Roof $1,280 $1,280.00
1 154884A CoolToppers Single Post Pyramid Roof DB Only $4,503 $4,503.00
1 238043A PS/Shade Bracket Kit $286 $286.00
1 143480A SpyroSlide Off 48"Dk DB $7,727 $7,727.00
1 152179A Saddle Spinner DB 12"Height $1,010 $1,010.00
EQUIPMENT INFORMATION & PRICING
State Contract #218091
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
Page 3 of 8
5.5
1 182503A Welcome Sign (LSI Provided) Ages 2-5 years Direct Bury $0 $0.00
1 120710A Pod Climber 8" DB $377 $377.00
1 120711A Pod Climber 16" DB $383 $383.00
1 247179A Curva Spinner DB Only $2,555 $2,555.00
1 168099A Cozy Dome DB $6,038 $6,038.00
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury $0 $0.00
2 174018A Belt Seat ProGuard Chains for 8' Beam Height $168 $336.00
1 176038A Full Bucket Seat ProGuard Chains for 8' Beam Height $474 $474.00
1 177351A Molded Bucket Seat (5-12 yrs) w/Harness ProGuard Chains for 8' Beam
Height $1,163 $1,163.00
1 221292A 5" Arch Swing Frame 8' Beam Height Only $3,738 $3,738.00
1 221293A 5" Arch Swing Frame Additional Bay 8' Beam Height Only $2,275 $2,275.00
1 CP016776A-
001 DTR SP Tree Tops w/Steel Post DB Only $56,166 $56,166.00
$104,801.00Total Equipment Cost at State Contract Pricing
Page 4 of 8
5.5
Colors
PIP Colors (specify colors & Sq. Ft. of each)
Blue/Black (50/50 mix)
Customer Signature:__________________________________ Date: _________________
See Color Summary Sheet
"AZ"
EQUIPMENT COLOR SIGN OFF
Twin Oaks Park
Please sign below if you approve of the colors represented in the photo above.
5.5
Twin Oaks Park Play Area Installation – Flagship Recreation
PLAY AREA INSTALLATION AGREEMENT
TWIN OAKS PARK
THIS TWIN OAKS PARK PLAY AREA INSTALLATION AGREEMENT (“Agreement”) is
made and entered into this 21st day of January, 2025, by and between the City of Crystal, a Minnesota
municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and
Flagship Recreation, a Minnesota company, located at 11123 Upper 33rd St. N, Lake Elmo, MN
55042 (“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 new play area installed in Twin Oaks Park, a City Park located at
5116 Wilshire Blvd. (“Park”).
B. The Contractor provided the City a written quote to install a Landscape Structures play area
in the park 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.
5.5
Twin Oaks Park Play Area Installation – Flagship Recreation
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. 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 September 1, 2025. In case of the failure on the part of the Contractor, for any
reason except with the written consent of the 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.
5.5
Twin Oaks Park Play Area Installation – Flagship Recreation
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. Wage Standards. The Contractor further agrees to pay all laborers employed, and all
subcontractors furnishing material to the Contractor in and about the performance of this
Agreement, and for all labor and material by them so performed and furnished. The parties
agree that the Davis-Bacon Wage Determination MN20250239, dated 01/03/2025 of the
heavy type, as provided by Hennepin County and attached hereto as Exhibit B, along with
the Federal Labor Standards Provisions HUD-4010, attached hereto as Exhibit C, shall be
considered part of this Agreement, unless a new wage determination is in effect at the time
this Agreement is fully executed by all parties, in which case this Agreement will be subject
to the new wage determination which will be attached as Exhibit B supplanting Wage
Determination MN20250239, dated 01/03/2025.
5. 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.
5.5
Twin Oaks Park Play Area Installation – Flagship Recreation
6. 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.
7. Bonds. The Contractor agrees to make, execute and deliver to the City separate performance
and payment bonds executed by a surety company authorized to do business in the state of
Minnesota in the sum of no less than the contract amount for the use of the City and of all
persons doing work or furnishing skill, tools, machinery, materials, or insurance premiums
under or for the purpose of this Agreement, to secure the faithful performance of this
Agreement by the Contractor and to be conditioned as required by Minn. Stat. § 574.26, et.
seq. All bonds shall be furnished by the Contractor in a form and with a surety satisfactory to
the City attorney.
8. 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.
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Twin Oaks Park Play Area Installation – Flagship Recreation
9. 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.
10. 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.
11. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
12. 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.
13. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
14. 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.
15. 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.
16. 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.
17. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
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Twin Oaks Park Play Area Installation – Flagship Recreation
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
5.5
Twin Oaks Park Play Area Installation – Flagship Recreation
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year
written above.
CITY: CONTRACTOR:
By: By: ___________________________
Julie Deshler
Its: Mayor Its:
By:
Adam R. Bell
Its: City Manager
5.5
EXHIBIT A
Contractor’s Quote
5.5
5.5
5.5
"General Decision Number: MN20250239 01/03/2025
Superseded General Decision Number: MN20240239
State: Minnesota
Construction Types: Heavy and Highway
Counties: Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey,
Scott and Washington Counties in Minnesota.
Heavy and Highway Construction Projects
Please refer to Minnesota Rules 5200.1100, 5200.1101, and
5200.1102 for definitions of labor classifications on this wage
determination, and direct any questions regarding such
classifications to the Branch of Construction Wage
Determinations.
Note: Contracts subject to the Davis‐Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis‐Bacon Act itself, but do not apply to
contracts subject only to the Davis‐Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered | Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract.|
|renewed or extended (e.g., an | The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022:| least $17.75 per hour (or |
|| the applicable wage rate |
|| listed on this wage |
|| determination, if it is |
|| higher) for all hours |
|| spent performing on the |
|| contract in 2025.|
|______________________________|_____________________________|
|If the contract was awarded on| Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract.|
|contract is not renewed or | The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022:| $13.30 per hour (or the |
|| applicable wage rate listed|
EXHIBIT B - Davis-Bacon Wage Determination
5.5
| | on this wage determination,|
| | if it is higher) for all |
| | hours performing on that |
| | contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
SAMN2024‐009 11/18/2024
Rates Fringes
ARTICULATED HAULER...............$ 44.67 26.90
ASBESTOS ABATEMENT WORKER........$ 39.86 24.11
BLASTER..........................$ 22.08 6.87
BOILERMAKER......................$ 46.00 31.93
BOOM TRUCK.......................$ 47.25 26.90
BRICKLAYER.......................$ 48.23 26.53
CARPENTER........................$ 46.07 29.42
CEMENT MASON.....................$ 47.57 25.72
ELECTRICIAN......................$ 56.00 34.39
FLAG PERSON......................$ 41.63 24.74
GROUND PERSON....................$ 37.77 20.38
HEATING AND FROST INSULATORS.....$ 47.10 24.40
IRONWORKER.......................$ 44.85 35.72
5.5
LABORER: Common or General
(GENERAL LABOR WORK).............$ 41.63 24.74
LABORER: Landscape
(GARDENER, SOD LAYER AND
NURSERY OPERATOR)................$ 30.04 21.16
LABORER: Skilled (ASSISTING
SKILLED CRAFT JOURNEYMAN)........$ 41.63 24.74
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)..........$ 30.04 21.16
LINEMAN..........................$ 50.86 23.57
MILLWRIGHT.......................$ 43.44 33.37
OFF‐ROAD TRUCK...................$ 44.67 26.90
PAINTER (INCLUDING HAND
BRUSHED, HAND SPRAYED, AND
THE TAPING OF PAVEMENT
MARKINGS)........................$ 45.50 27.69
PAVEMENT MARKING OR MARKING
REMOVAL EQUIPMENT ((ONE OR
TWO PERSON OPERATORS);
SELF‐PROPELLED TRUCK OR
TRAILER MOUNTED UNITS)...........$ 38.90 23.49
Piledriver (INCLUDING
VIBRATORY DRIVER OR EXTRACTOR
FOR PILING AND SHEETING
OPERATIONS)......................$ 45.71 29.73
PIPEFITTER/STEAMFITTER...........$ 55.94 34.50
PIPELAYER (WATER, SEWER AND
GAS).............................$ 45.13 24.74
5.5
PLUMBER..........................$ 56.73 31.52
POWER EQUIPMENT OPERATOR:
(Highway/Heavy Group 2)..........$ 45.61 26.90
HELICOPTER PILOT; CONCRETE PUMP; ALL CRANES WITH OVER 135‐FOOT
BOOM, EXCLUDING JIB; DRAGLINE, CRAWLER, HYDRAULIC BACKHOE
(TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR EQUIPMENT WITH
SHOVEL‐TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S
RATED CAPACITY INCLUDING ALL ATTACHMENTS; GRADER OR MOTOR
PATROL; PILE DRIVING; TUGBOAT 100 H.P. AND OVER WHEN LICENSE
REQUIRED
POWER EQUIPMENT OPERATOR:
(Highway/Heavy Group 3)..........$ 45.01 26.90
ASPHALT BITUMINOUS STABILIZER PLANT; CABLEWAY; CONCRETE MIXER,
STATIONARY PLANT; DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR
STATIONARY); DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR
WHEEL MOUNTED) AND/OR SIMILAR EQUIPMENT WITH SHOVEL‐TYPE
CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED
CAPACITY INCLUDING ALL ATTACHMENTS; DREDGE OR ENGINEERS,
DREDGE (POWER) AND ENGINEER; FRONT END LOADER, FIVE CUBIC
YARDS AND OVER INCLUDING ATTACHMENTS; LOCOMOTIVE CRANE
OPERATOR; MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING
MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE; MECHANIC ON POWER
EQUIPMENT; TRACTOR, BOOM TYPE; TANDEM SCRAPER; TRUCK CRANE,
CRAWLER CRANE; TUGBOAT 100 H.P AND OVER
POWER EQUIPMENT OPERATOR:
(Highway/Heavy Group 4)..........$ 44.67 26.90
AIR TRACK ROCK DRILL; AUTOMATIC ROAD MACHINE (CMI OR SIMILAR);
BACKFILLER OPERATOR; CONCRETE BATCH PLANT OPERATOR; BITUMINOUS
ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER);
BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING
PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES
(OPERATOR AND SCREED PERSON); BROKK OR R.T.C. REMOTE CONTROL
OR SIMILAR TYPE WITH ALL ATTACHMENTS; CAT CHALLENGER TRACTORS
OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS;
CHIP HARVESTER AND TREE CUTTER; CONCRETE DISTRIBUTOR AND
SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE,
AND SPRAY MACHINE; CONCRETE MIXER ON JOBSITE; CONCRETE MOBIL;
CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING
AND SCREENING PLANT; CURB MACHINE; DIRECTIONAL BORING MACHINE;
DOPE MACHINE (PIPELINE); DRILL RIGS, HEAVY ROTARY OR CHURN OR
CABLE DRILL; DUAL TRACTOR; ELEVATING GRADER; FORK LIFT OR
STRADDLE CARRIER; FORK LIFT OR LUMBER STACKER; FRONT END, SKID
STEER OVER 1 TO 5 C YD; GPS REMOTE OPERATING OF EQUIPMENT;
HOIST ENGINEER (POWER); HYDRAULIC TREE PLANTER; LAUNCHER
PERSON (TANKER PERSON OR PILOT LICENSE); LOCOMOTIVE; MILLING,
GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE; MULTIPLE
MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES,
5.5
GENERATORS, PUMPS; PAVEMENT BREAKER OR TAMPING MACHINE (POWER
DRIVEN) MIGHTY MITE OR SIMILAR TYPE; PICKUP SWEEPER, ONE CUBIC
YARD AND OVER HOPPER CAPACITY; PIPELINE WRAPPING, CLEANING OR
BENDING MACHINE; POWER PLANT ENGINEER, 100 KWH AND OVER; POWER
ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES; PUGMILL;
PUMPCRETE; RUBBER‐TIRED FARM TRACTOR WITH BACKHOE INCLUDING
ATTACHMENTS; SCRAPER; SELF‐PROPELLED SOIL STABILIZER; SLIP
FORM (POWER DRIVEN) (PAVING); TIE TAMPER AND BALLAST MACHINE;
TRACTOR, BULLDOZER; TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO
UNRELATED TO LANDSCAPING; TRENCHING MACHINE (SEWER, WATER,
GAS) EXCLUDES WALK BEHIND TRENCHER; TUB GRINDER, MORBARK, OR
SIMILAR TYPE; WELL POINT DISMANTLING OR INSTALLATION
POWER EQUIPMENT OPERATOR:
(Highway/Heavy Group 5)..........$ 41.36 26.90
AIR COMPRESSOR, 600 CFM OR OVER; BITUMINOUS ROLLER (UNDER
EIGHT TONS); CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED);
FORM TRENCH DIGGER (POWER); FRONT END, SKID STEER UP TO 1C YD;
GUNITE GUNALL; HYDRAULIC LOG SPLITTER; LOADER (BARBER GREENE
OR SIMILAR TYPE); POST HOLE DRIVING MACHINE/POST HOLE AUGER;
POWER ACTUATED AUGER AND BORING MACHINE; POWER ACTUATED JACK;
PUMP; SELF‐PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR);
SHEEP FOOT COMPACTOR WITH BLADE . 200 H.P. AND OVER;
SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING
SELF‐PROPELLED SAND AND CHIP SPREADER; STUMP CHIPPER AND TREE
CHIPPER; TREE FARMER (MACHINE)
POWER EQUIPMENT OPERATOR:
(Highway/Heavy Group 6)..........$ 40.02 26.90
CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING
DISK OR ROLLER; CONVEYOR; DREDGE DECK HAND; FIRE PERSON OR
TANK CAR HEATER; GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING
OR WASHING); GREASER (TRACTOR); LEVER PERSON; OILER (POWER
SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING
MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT); POWER SWEEPER;
SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING
VIBRATING ROLLERS; TRACTOR, WHEEL TYPE, OVER 50 H.P.,
UNRELATED TO LANDSCAPING
SHEET METAL WORKER...............$ 53.71 34.57
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;
5.5
REVIEW AND UNDERSTAND
CONSTRUCTION PLANS AND LAND
SURVEY MATERIALS)................$ 41.63 24.74
TILE SETTER......................$ 34.76 23.29
TRAFFIC CONTROL PERSON
(TEMPORARY SIGNAGE)..............$ 41.63 24.74
TRUCK DRIVER (Group 1)...........$ 39.00 23.70
MECHANIC; TRACTOR TRAILER DRIVER; TRUCK DRIVER (HAULING
MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED
WINCHES)
TRUCK DRIVER (Group 2)...........$ 34.70 21.75
FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK
TRUCK DRIVER (Group 3)...........$ 34.60 21.76
BITUMINOUS DISTRIBUTOR DRIVER; BITUMINOUS DISTRIBUTOR (ONE
PERSON OPERATION); THREE AXLE UNITS
TRUCK DRIVER (Group 4)...........$ 37.54 21.76
BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER); DUMP
PERSON; GREASER; PILOT CAR DRIVER; RUBBER‐TIRED, SELF‐
PROPELLED PACKER UNDER 8 TONS; TWO AXLE UNIT; SLURRY OPERATOR;
TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER); TRACTOR
OPERATOR, UNDER 50 H.P.
Tunnel Miner.....................$ 43.13 24.74
UNDERGROUND AND OPEN DITCH
LABORER (EIGHT FEET BELOW
STARTING GRADE LEVEL)............$ 43.13 24.74
WIRING SYSTEM TECHNICIAN.........$ 47.73 22.24
WIRING SYSTEMS INSTALLER.........$ 33.44 17.82
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
WELDERS ‐ Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis‐Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
5.5
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health‐related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health‐related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government‐contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four‐letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198‐005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
5.5
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG‐OH‐0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non‐union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non‐union rates. Example: SUFL2022‐007
6/27/2024. SU indicates the rate is a single non‐union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)‐(h). Example: SAME2023‐007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
5.5
effect under state law in the state from which the rates were
adopted.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD‐Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
5.5
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"
5.5
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ref. Handbook 1344.1
1
HUD-4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being
assisted by the United States of America, and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i.All laborers and mechanics employed or working upon the site of the work (or otherwise working in
construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR
5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or programs which
cover the particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s) of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon
poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
ii. Frequently recurring classifications
A.In addition to wage and fringe benefit rates that have been determined to be prevailing under
the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f),
wage and fringe benefit rates for classifications of laborers and mechanics for which conformance
requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1.The work performed by the classification is not performed by a classification in the wage
determination for which a prevailing wage rate has been determined;
2.The classification is used in the area by the construction industry; and
3.The wage rate for the classification bears a reasonable relationship to the prevailing wage rates
contained in the wage determination.
B.The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage
and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A.The contracting officer must require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract be
EXHIBIT C - HUD-4010
5.5
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ref. Handbook 1344.1
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classified in conformance with the wage determination. Conformance of an additional classification
and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of
classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30–day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30–day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage
and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written
copy of such determination to each affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where appropriate) determined
pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, in accordance with the
criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the
contractor will be required to pay interest on any underpayment of wages.
5.5
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ref. Handbook 1344.1
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2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon
written request of an authorized representative of the Department of Labor, withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount
of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a)
for violations of this contract, or to satisfy any such liabilities required by any other Federal
contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the
same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor, or any
other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the other contract was awarded or
assisted by the same agency, and such funds may be used to satisfy the contractor liability for which
the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic,
including any apprentice or helper working on the site of the work (or otherwise working in
construction or development of the project under a development statute) all or part of the wages
required by the contract, or upon the contractor’s failure to submit the required records as
discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by
the contractor and any subcontractor during the course of the work and preserved for all
laborers and mechanics working at the site of the work (or otherwise working in construction
or development of the project under a development statute) for a period of at least 3 years
after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known
address, telephone number, and email address of each such worker; each worker’s correct
classification(s) of work actually performed; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of
hours actually worked in total and on each covered contract; deductions made; and actual
wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
5.5
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ref. Handbook 1344.1
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costs reasonably anticipated in providing benefits under a plan or program described in 40
U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred
in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under
approved programs must maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios and wage rates prescribed in the
applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly,
for each week in which any DBA- or Related Acts-covered work is performed, certified
payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other
entity, as the case may be, that maintains such records, for transmission to HUD. The prime
contractor is responsible for the submission of all certified payrolls by all subcontractors. A
contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request for at least 3 years after
the work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable
or limited in its ability to use or access the electronic system
B. Information required The certified payrolls submitted must set out accurately and completely
all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full
Social Security numbers and last known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the certified payrolls need only include
an individually identifying number for each worker (e.g., the last four digits of the worker’s
Social Security number). The required weekly certified payroll information may be submitted
using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/
sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of
this section for a prime contractor to require a subcontractor to provide full Social Security
numbers and last known addresses, telephone numbers, and email addresses to the prime
contractor for its own records, without weekly submission by the subcontractor to the
sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case
may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a
“Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or
subcontractor’s agent who pays or supervises the payment of the persons working on the
contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being
maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and
complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly
5.5
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ref. Handbook 1344.1
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from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed, as
specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for
submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor’s or
subcontractor’s agent must be an original handwritten signature or a legally valid electronic
signature.
F. Falsification The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this
contract or subcontract and related documents including, without limitation, bids, proposals,
amendments, modifications, and extensions. The contractor or subcontractor must preserve these
contracts, subcontracts, and related documents during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must
make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that
HUD or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available
for inspection, copying, or transcription by authorized representatives of HUD or the
Department of Labor, and must permit such representatives to interview workers during
working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the
contractor or subcontractor fails to submit the required records or to make them available,
or refuses to permit worker interviews during working hours on the job, the Federal agency
may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs such workers, take such action as
may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make such
records available, or to permit worker interviews during working hours on the job, may be
grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other
person that fails to submit the required records or make those records available to WHD
within the time WHD requests that the records be produced will be precluded from
introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the
required records that were not provided or made available to WHD. WHD will take into
consideration a reasonable request from the contractor or person for an extension of the
time for submission of records. WHD will determine the reasonableness of the request and
may consider, among other things, the location of the records and the volume of
production.
C. Required information disclosures Contractors and subcontractors must maintain the full
Social Security number and last known address, telephone number, and email address of
each covered worker, and must provide them upon request to HUD if the agency is a party to
5.5
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
6
the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal
agency is not such a party to the contract, the contractor, subcontractor, or both, must,
upon request, provide the full Social Security number and last known address, telephone
number, and email address of each covered worker to the applicant, sponsor, owner, or
other entity, as the case may be, that maintains such records, for transmission to HUD, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for
the work they perform when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is not individually registered in
the program, but who has been certified by the OA or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice, will be
permitted to work at less than the predetermined rate for the work they perform in the
first 90 days of probationary employment as an apprentice in such a program. In the event
the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringe benefits must
be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in
any craft classification must not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of
the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under this section must be
paid not less than the applicable wage rate on the wage determination for the work actually
performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a
project in a locality other than the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the
locality in which the construction is being performed must be observed. If there is no
applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified
in the contractor’s registered program must be observed.
ii Equal employment opportunity The use of apprentices and journeyworkers under this part must
be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29
CFR part 3, which are incorporated by reference in this contract.
5.5
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ref. Handbook 1344.1
7
6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses
or contract modifications as the U.S. Department of Housing and
Urban Development may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any lower tier subcontracts. The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in this section. In the event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including
interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors,
and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who
has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government
contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under the DBA,
Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under
the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3,
or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA)
The Agency Head must cause or require the contracting officer to insert the following clauses set
forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal
Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject
to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must
5.5
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ref. Handbook 1344.1
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be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the
terms “laborers and mechanics” include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages and interest from the date of the underpayment. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards, employed in violation of the clause set
forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of
Federal assistance may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on
this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy the contractor
liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in
accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any
violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the date of the underpayment or loss,
5.5
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
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due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject
to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting
or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or
29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding
under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws
referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a
clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic
records during the course of the work and must preserve them for a period of 3 years after all the work
on the prime contract is completed for all laborers and mechanics, including guards and watchpersons,
working on the contract. Such records must contain the name; last known address, telephone number,
and email address; and social security number of each such worker; each worker’s correct
classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of
hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause
or require the contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph must be made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of the (write the name of agency)
and the Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are
required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts, and contractors and subcontractors are required to insert
them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses
and appropriate wage determinations will be given the same force and effect as if they were inserted in
full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent
under the Federal Acquisition Regulation), along with the correct wage determinations, will be
considered to be a part of every prime contract required by the applicable statutes referenced by 29
CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are
included or incorporated by reference into such contract, unless the Administrator grants a variance,
tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage
determinations are effective by operation of law under this paragraph, the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
5.5
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
10
F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction
safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part
1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any
subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as
a means of enforcing such provisions.
5.5
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
754
Memorandum
DATE: January 15, 2025
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Jason Minnick, Facilities Manager
SUBJECT: Award of Construction Contracts for Lobby / Siding Improvements
at the Crystal Cove Aquatic Center building
The Crystal Cove Aquatic Center is under construction. Designs are complete, pool contractors and
a construction manager have been hired, and major pool amenities have arrived. When
improvements to the lobby of the building were approved on October 1, 2024; two items were not
approved at that time.
•Siding quotes came in higher than expected in October, so the quote was rejected. Since
then, staff and consultants have reviewed siding options and now have a lower cost solution.
•No quotes were received for structural steel in October. Quotes have now been received for
this item.
Improvements to the building entrance and siding were initially proposed 20 years ago. In 2005, an
architect prepared plans for improvements to the building entrance to improve staff safety and visitor
access to the pool. These potential improvements were included as an alternate to the zero-depth
pool / filtration system bid packet. Covering the wood siding around the building with metal panels
was also an alternate bid item at that time. These alternates were not accepted in 2005, but have
been carried forward in the city’s long-term plan since then.
Concepts and budget estimates to replace the main pool container and make improvements to the
pool lobby / siding were presented to the city council on October 17, 2023. The long-term plan was
adjusted to reflect the scope and estimated costs discussed at the meeting. Consultants began
preparing construction documents for the pool and lobby improvements shortly thereafter.
In late December of 2023, with construction documents for the building and pool at approximately
75% complete, the aquatic center facility was officially closed for construction. Kraus-Anderson was
5.6
hired in January of 2024, to assist with preparing bid/quote documents for the pool and building
improvements; and to oversee construction. The pool was bid in April and quotes were solicited for
the building items over the summer.
A comparison of estimated costs from October 2023 and the current budget is below.
Project Funding October 2023 Current
Crystal Long-Term Plan (Pool & Bldg.) $ 3,500,000 $ 3,500,000
2024 Crystal Long-Term Plan (CCC Counter) separate project $ 85,000
2025 Crystal Long-Term Plan (from 2025) $ 540,000 $ 500,000
Legislative Appropriation $ 2,350,000 $ 2,350,000
Hennepin County Youth Activities Grant n/a $ 300,000
Total Funding: $ 6,390,000 $ 6,735,000
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): $ 2,501,700
• 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 (approved 8/20/2024): $ 59,420
• Building - Construction contracts (approved 10/01/2024): $ 475,445
• Building – Rebid siding and structural steel (this item) $ 220,762
• Pool - Concrete footings/slabs for all pool amenities (estimate): $ 125,000
• Pool & Building – Owner costs - permits, FF&E, etc. (estimate): $ 425,000
• Pool & Building - Contingencies (estimate): $ 350,000
Total Aquatic Center Expenses: $ 6,229,843
Quotes for building construction
Quotes for eight contractors, in the amount of $475,445, were approved by the city council on
October 1, 2024. Quotes for siding were rejected then, due to the quoted cost coming in high. No
quotes were received for structural steel. Three quotes for siding and a quote for structural steel
have now been received. A letter from Kraus-Anderson (KA), that recommends accepting the low
quote for siding and structural steel, is attached here.
Recommendation
Staff and KA recommend approval of the attached resolution, entering into the following agreements:
Contractor Work Scope Quote Amount
Central Roofing Company Metal Panels (siding) $ 173,362
Red Cedar Structural Steel $ 47,400
Total $ 220,762
5.6
CITY OF CRYSTAL
RESOLUTION 2025 -
AWARD OF CONSTRUCTION CONTRACTS FOR LOBBY / SIDING
IMPROVEMENTS AT THE CRYSTAL COVE AQUATIC CENTER BUILDING
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 in Grogan
Park 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 County Youth Activities Grant of $300,000, and
WHEREAS, Kraus-Anderson solicited quotes for improvements to the Crystal Cove Aquatic Center
lobby, including siding and structural steel, and
WHEREAS, the low quotes are with Central Roofing Company for metal panels (siding) in the amount of
$173,362 and Red Cedar for structural steel in the amount of $47,400, now
THEREFORE, BE IT RESOLVED:
A.That the Crystal City Council wishes to enter into agreements for the following:
1.Central Roofing Company for Metal Panels (siding) in the amount of $173,362
2.Red Cedar for Structural Steel in the amount of $47,400
B.That the Crystal City Council hereby authorizes the mayor and city manager to sign
agreements with the above contractors for this project.
Adopted by the Crystal City Council this 21st day of January, 2025.
_______ _________________
Julie Deshler, Mayor
ATTEST
___________________________
Christina Serres, City Clerk
5.6
Crystal Cove Aquatic Center
Proposed Siding
Existing Siding
5.6
Kraus-Anderson Construction Company
501 South Eighth Street, Minneapolis, MN 55404
Office 612-332-7281 | www.krausanderson.com | Fax 612-332-0217
Building enduring relationships and strong communities
January 10th, 2025
Mr. John Elholm
City of Crystal
4140 Douglas Drive N
Crystal, MN 55422
RE: Crystal Cove Aquatics – Building Renovation
Contract Award Letter
Dear Mr. Elholm:
This letter is concerning the contract awards for the above referenced project for scopes of work
that were rejected or no bidders for the original bid on September 9th,2023.
Kraus-Anderson has verified bidders and we submit the following lowest responsible bidders and
their total bid amount:
Work Scope Contractor, City, State Bid Amount
WS
05-B.1
Combined
Structural
Steel
Red Cedar
4621 Domain Drive
Menomonie, WI 54751
Base Bid:
Alternate #1:
Total Contract:
$47,400.00
$0.00
$47,400.00
WS
07-F
Metal Panels Central Roofing Company
4550 Main Street
Minneapolis, MN 55429
Base Bid:
Alternate #1:
Total Contract:
$40,000.00
$133,362.00
$173,362.00
Total Base Bid: $87,400.00
Total Alternate #1: $133,362.00
Total Contracts Amount: $220,762.00
If you have any questions regarding this information, please do not hesitate to contact me at 612-
750-4100.
Very truly yours,
KRAUS-ANDERSON® CONSTRUCTION COMPANY
Eric Quam
Project Manager
5.6
QUOTE TABULATIONSOWNER: City of CrystalARCHITECT: HCM ArchitectsWORK SCOPE 07-F: Metal PanelBIDDERBIDDERBIDDERBIDDERBIDDERBIDDERCentral Roofing CompanyAtomic Architectural Sheet Metal, Inc.Division V Sheet Metal Inc.Berwald Roofing Company, Inc.Innovative Building ConceptsBID SECURITYNoNoNoN/AN/ACONTRACTOR AFFIDAVITYesYesYesN/AN/AADDENDA REC'D.Addenda #1Addenda #1Addenda #1N/AN/ABASE BID$40,000.00$25,000.00$38,357.00N/AN/AAlternate #2 - Pac Clad$133,362.00$150,000.00$232,838.00N/AN/AAlternate #3$0.00$0.00$0.00N/AN/AAlternate #4$0.00$0.00$0.00N/AN/ACrystal Cove - Aquatics Building RenovationCity of Crystal, MN5.6
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
• REGULAR MEETING •
TUESDAY, JANUARY 21, 2025
IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1. Call to order *
2. Roll call *
3. Approval of minutes from January 7, 2025 annual organizational meeting
4. Consider approval of a façade improvement deferred loan repayment agreement for
6105 42nd Ave. N. (Elision Playhouse)
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
Annual Organizational Meeting
Council Chambers
January 7, 2025
1. Call to Order
President Onesirosan called the meeting of the Economic Development Authority of the
City of Crystal (EDA) to order at 7:26 p.m.
2. Roll Call
Upon call of the roll, the following Commissioners were present: John Budziszewski,
David Cummings, Julie Deshler, Forest Eidbo, Traci Kamish, Therese Kiser and Taji
Onesirosan.
The following staff were present: Executive Director Adam Bell, Deputy Executive
Director John Sutter and City Attorney Rachel Tierney.
3. Oath of office
The oath of office was administered to Commissioners Julie Deshler, Taji Onesirosan,
John Budziszewski and David Cummings.
4. Election of officers for 2025
The Commissioners considered the election of officers for 2025.
Moved by Commissioner Budziszewski (Cummings) to approve the Mayor’s
recommended 2025 slate of officers: President Forest Eidbo, Vice President David
Cummings, Secretary Traci Kamish and Treasurer Therese Kiser. Motion carried.
Control of the meeting passed to President Eidbo.
5. Approval of Minutes
Moved by Commissioner Kamish (Budziszewski) to approve the minutes from the
December 3, 2024 regular meeting. Motion carried.
Page 2 of 3
6. Property Status Update
Staff updated the board on the status of the proposed subdivision at 3120 Douglas Dr. N.
and informed the board that there would be an EDA meeting on Jan. 21 to consider a
façade improvement grant for the north wall of Elision Playhouse at 6105 42nd Ave. N.
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 7:34 p.m.
Page 3 of 3
These minutes of the January 7, 2025 meeting of the Crystal Economic Development Authority
were approved by the Authority on ________________ ___, 2025.
______________________________
Forest Eidbo, President
ATTEST:
______________________________
Traci Kamish, Secretary
___________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: January 15, 2025
TO: Adam R. Bell, Executive Director (for January 21 EDA meeting)
SUBJECT: Consider approval of a façade improvement deferred loan repayment
agreement for 6105 42nd Ave. N. (Elision Playhouse)
BACKGROUND
In 2023 Hennepin County granted $25,000 to the city/EDA for storefront/façade improvements
in particular business districts along Bass Lake Road, 42nd Ave. N. and Douglas Dr. N. The
funds must be expended by June 30, 2025.
Summary of program guidelines:
Assistance is provided in the form of a deferred, forgivable, no interest loan for 50% of
the project cost, subject to a maximum forgivable loan of $12,500.
The deferred loan has a 10-year term with the balance reduced by 10% each year.
If the property is sold during the 10-year term, full repayment of the remaining loan
balance would be required. Any repayments would be used to capitalize a revolving
loan fund for Crystal to continue the program after the county funding is exhausted.
The minimum project is $10,000 (meaning a $5,000 forgivable loan).
There is no maximum project but the maximum forgivable loan is $12,500 even if the
eligible project costs exceed $25,000.
Previously approved recipients:
Elision Playhouse at 6105 42nd Ave. N. received $12,500 in 2022 for tuckpointing,
painting and a mural on the east wall.
EDA STAFF REPORT
Façade Improvement Assistance
6105 42nd Ave. N. (Elision Playhouse)
B&R Transmission at 6304 42nd Ave. N. received $12,500 in 2023 for new windows,
painting and accessibility improvements.
Wine Thief & Ale Jail at 3600 Douglas Dr. N. received $12,500 in 2023 for new siding,
panting, metal parapet and outdoor lighting.
APPLICATION RECEIVED
The property owner, Elision Arts, LLC (“Elision”), submitted an application for façade
improvement assistance for exterior improvements primarily to the north wall facing 42nd:
$ 14,780 Estimated Cost of Eligible Improvements
Comprised of:
$ 6,840 Window Replacement (large window on north wall)
$ 5,940 Tuckpointing and Masonry Repair (primarily north wall but also east wall)
$ 2,000 Exterior Painting (north wall)
$ 7,390 Assistance Amount*
Calculated at 50% of Estimated Cost of Eligible Improvements
* The assistance is structured as a 10-year deferred, forgivable loan with
no interest and the balance reduced by 10% each year. See attached
Repayment Agreement.
Elision anticipates completing the work by May 31, 2025 and must complete the work and
provide all required documentation to the city by June 30, 2025 because the Hennepin County
funds will not be available after that date.
EDA ACTION REQUESTED
Approval of the attached Repayment Agreement with Elision Arts, LLC
Elision Playhouse - 6105 42nd Ave. N.
2024 Aerial Photo
▲
NORTH
Page 4 of 7
Elision Playhouse - 6105 42nd Ave. N.
September 2022 Photo (Street View)
January 2025 Photos
Page 5 of 7
Elision Playhouse - 6105 42nd Ave. N.
Window Replacement Proposal
Page 6 of 7
Elision Playhouse - 6105 42nd Ave. N. .
Tuckpointing and Masonry Repair Proposal
Page 7 of 7
Elision Playhouse - 6105 42nd Ave. N.
Exterior Painting Proposal
1
REPAYMENT AGREEMENT
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
STOREFRONT AND FAÇADE IMPROVEMENT ASSISTANCE PROGRAM
THIS REPAYMENT AGREEMENT (“Agreement”) is made and entered into this ____
day of _____________, 20___ (the “Effective Date”), by and between Elision Arts, LLC,
a Minnesota limited liability company (the "Owner"), and the Economic Development
Authority of the City of Crystal, a public body corporate and politic under the laws of
Minnesota, located at 4141 Douglas Dr. N., Crystal, MN 55422 (the "EDA”).
A. On or about January 2, 2025, the Owner submitted to the EDA an application (the
“Application”) for grant money under the EDA’s Storefront and Façade Improvement
Assistance Program (the “Program”).
B. The Program was established and funded pursuant to that certain Business District
Initiative Grant Agreement, Contract No. PR00004756 (the “Grant Agreement”),
between the City of Crystal (the “City”) and Hennepin County (the “County”).
C. To facilitate the EDA’s ability to administer the Program, the City assigned all of its
rights and obligations contained in the Grant Agreement to the EDA.
D. On January 21, 2025, the EDA determined that the Owner met Program eligibility
requirements and agreed to grant the Owner (“Grant Funds”) through the Program.
E. The Grant Funds are solely for the purpose of funding 50 percent, and no more than
$7,390, of the cost of certain exterior improvements, as described in Exhibit A attached
hereto (the “Eligible Improvements”), to the Owner’s real estate located on the
property legally described on Exhibit B attached hereto (the “Property”), all in
accordance with this Agreement and the Program guidelines.
2
F. The issuance of the Grant Funds is conditioned on the Owner’s execution of this
Agreement.
NOW THEREFORE, in consideration of said Grant Funds, the parties do hereby agree
as follows.
1. The Owner covenants and agrees that the Grant Funds will not be paid by the EDA
to the Owner until the improvements described in the Application are completed
and full payment has been made to the contractors performing the work, and the
Owner shall provide to the EDA any documentation or other evidence that may be
reasonably required by the EDA to prove the same. Additionally, the parties
acknowledge that this Agreement and the improvements contemplated to the
Property are subject to all Program guidelines, as contained in Attachment A of the
Grant Agreement, which guidelines are incorporated into this Agreement as if fully
set forth herein.
2. The Owner covenants and agrees that, to receive the Grant Funds, Eligible
Improvements shall be completed and required documentation submitted to the city
no later than June 2, 2025.
3. The Owner covenants and agrees with the EDA that if the Property is sold,
transferred or otherwise conveyed (including a sale by contract for deed),
voluntarily or involuntarily to any third party within a period of ten (10) years after
the Effective Date (a “Triggering Event”), the Owner or its heirs, executors, or
representatives, as the case may be, shall repay to the EDA a sum equal to the full
amount of the Grant Funds, provided, however, that on each annual anniversary of
the Effective Date, the total balance owed following a subsequent Triggering Event
shall be reduced by 10% of the total amount of Grant Funds paid hereunder.
Accordingly, any repayment that is required under this paragraph following a
Triggering Event shall total such reduced amount, pursuant to the aforementioned
annual reductions of 10% of the Grant Funds. Repayments required herein shall be
made to the EDA no later than the 30th day following the Triggering Event, or on
such later date or dates as the EDA, in its sole discretion, may designate. If no
Triggering Event occurs within ten years following the Effective Date, no
repayment of the Grant Funds shall be required and the entire balance will be
considered forgiven in accordance with Program guidelines.
4. As security for the Owner’s obligation above to make repayment to the EDA
following a Triggering Event, the Owner hereby grants and the EDA shall and
hereby does have, a lien on the Property in the full amount necessary to satisfy said
repayment obligation and any costs, including reasonable attorneys’ fees, incurred
by the EDA for collecting the same.
3
5. Prior to the date of any Triggering Event, at least 20 days’ notice thereof shall be
provided by the Owner or its heirs, executors, or representatives, as the case may
be, to the EDA at the address contained in the preamble to this Agreement.
6. In the event the Owner or its heirs, executors or representatives, as the case may be,
fails or refuses to make the repayment required under paragraph 2 of this
Agreement following a Triggering Event, the EDA may, with or without notice to
the Owner or its heirs, executors or representatives, as the case may be, foreclose
said lien in the same manner as an action for the foreclosure of mortgages upon the
Property, as by statute provided.
7. The lien created by this Agreement shall terminate and shall be of no further force
or effect 126 months following the Effective Date, unless the EDA has, on or before
that date, (a) commenced an action the manner provided by statute for the
foreclosure of the lien, and (b) filed for record a notice of said action, or a power of
attorney to foreclose mortgage, or a lis pendens referring to the same, in the office
of the County Recorder or Registrar of Titles, as the case may be, in Hennepin
County, Minnesota. The EDA may, in its sole discretion, extend said termination
date of said lien by filing for record, on or before said termination date, a signed
agreement with the Owner or its heirs, executors or representatives evidencing such
extension.
8. This Agreement shall run with the Property and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors,
representatives, successors, and assigns. This Agreement will be recorded against
the Property by the EDA and, to that end, the parties hereto agree to make any
revisions that may be necessary to facilitate such recording.
9. This Agreement shall be governed by the laws of the State of Minnesota. In the
event that any provision or clause of this Agreement shall conflict with applicable
law, such conflict shall not affect the other provisions of this Agreement which can
be given effect without the conflicting provision, and to this end the provisions of
the Agreement are declared to be severable.
IN TESTIMONY WHEREOF, the parties have executed this Agreement as of the day
and year first written above.
[signature pages to follow]
4
ELISION ARTS, LLC
_____________________________
By: Cynthia Polich
Its: Chief Manager
STATE OF MINNESOTA )
)ss
COUNTY OF _________ )
On this ____ day of ________________, 20___, before me, a Notary Public within and for
said County, Cynthia Polich personally appeared to me known to be the person(s) described
herein and who executed the foregoing instrument and acknowledging that they executed
the same as their own free act and deed, on behalf of Elision Arts, LLC, a Minnesota Limited
Liability Company, on behalf of the Limited Liability Company.
______________________________
Notary Public
5
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
_____________________________ _____________________________
By: Forest Eidbo By: Adam R. Bell
Its: President Its: Executive Director
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
On this ____ day of ________________, 20___, before me, a Notary Public within and for
said County, Forest Eidbo and Adam R. Bell, President and Executive Director of the
Economic Development Authority of the City of Crystal, respectively, personally appeared
to me known to be the person(s) described herein and who executed the foregoing
instrument and acknowledging that they executed the same as their own free act and deed,
on behalf of the Economic Development Authority of the City of Crystal, a public body
corporate and politic under the laws of Minnesota.
______________________________
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered
150 Fifth Street South, Suite 700
Minneapolis, MN 55402
612-337-9300
EXHIBIT A
Improvements Eligible for Grant
1. Estimated Costs of Eligible Improvements
$ 6,840.00 Window Replacement (large window on north wall)
5,940.00 Tuckpointing and Masonry Repair (primarily north wall but also east wall)
2,000.00 Exterior Painting (north wall)
---------------
$ 14,780.00 Estimated Total Cost of Eligible Improvements
2. Estimated Grant Calculation:
$ 7,390.00 50% of Estimated Total Cost of Eligible Improvements
$ 7,390.00 Maximum Grant
$ 7,390.00 Estimated Grant Funds (lesser of Maximum Grant or 50% of Actual Cost of
Eligible Improvements)
3. Actual Cost of Eligible Improvements:
$_____________
4. Actual Grant Funds (lesser of Maximum Grant or 50% of Actual Cost of Eligible
Improvements):
$_____________ Grant Funds paid to Owner by EDA on ____________________________.
EXHIBIT B
Legal Description of the Property
The property located in the City of Crystal, Hennepin County, Minnesota legally
described as:
Lot 2, Block 1, Rockford Road Addition, according to the recorded plat thereof.
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:
Name
Address:
Zip C*dc°;
Day Phone (optional):
Email (optional): V s-+5"r"` n
Thank you for your attendance and participation.
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:se
54r.-- oLa aL?
Address: i?J1 Z 2k vi
Zip Code: `.7 j / Z -)• /
_ Date:
Day Phone (optional):_ D �� Y �� - +7 +' 1`7
Email (optional):
Thank you for your attendance and participation.