Loading...
2009.05.05 Council Meeting PacketMEETING SCHEDULE a) 6:00 — 6:55 p.m- 1910� �*� up EDA Meeting in the Council Chambers Regular City Council Meeting in the Council Chambers 1. 2. 3. 4. 5. 6. 7. 8. 111111 A �: ��• 00 PM CRYSTAL CITY HALL • Call to order Approval of minutes from April 7, 2009 regular meeting * CLOSED SESSION: Consider formulating offers to acquire the following properties on a voluntary basis.** 6030 Lakeland Ave N 6043 Florida Ave N 6110 Lakeland Ave N 581756 1h Ave N 580956 1h Ave N 5565 Zane Ave N 5557 Zane Ave N 480056 1h Ave N 482456 th Ave N 5124 Hanson Ct 5232 Hanson Ct 5240 Hanson Ct 5224 Hanson Ct 5034 Welcome 5035 Welcome 4920 West Broadway 4725 Welcome Ave N 4733 Welcome Ave N 4741 Welcome Ave N 4801 Idaho Ave N 4809 Idaho Ave N 6028 42nd Ave N 6016 42nd Ave N 600042 nd Ave N 4171 Adair Ave N 3401 Douglas Dr N 3415 Douglas Dr N 3443 Douglas Dr N 3442 Douglas Dr N 3400 Douglas Dr N 3408 Douglas Dr N 3414 Douglas Dr N 3422 Douglas Dr N 611834 1h Ave N 3136 Douglas Dr N 3120 Douglas Dr N Consider a resolution authorizing the Executive Director to sign documents for scattered site acquisitions.*** Consider a resolution authorizing Tax Increment Financing reimbursement for scattered site acquisitions.*** Other business Adjournment * Material attached ** Material will be distributed during closed session *** Material will be distributed after closed session 05/01/09 GAEDA\Agendas\2009\05-05.doc Minutes of the Crystal Economic Development Authority Regular Meeting April 7, 2009 President Hoffinann called the regular meeting of the Crystal Economic Development Authority to order at 7:35 p.m. Upon call of the roll, the following members were present: David Anderson, ReNae Bowman, Garry Grimes, Mark Hoffmann, Janet Moore, Laurie Ann Moore and Joe Selton. The following staff members were present: Anne Norris, Executive Director; Patrick Peters, Community Development Director; John Sutter, City Planner/Assistant Community Development Director; and Steve Bubul, City Attorney. Motion by Commissioner Anderson (L. Moore) to approve the minutes of the March 17, 2009 special meeting and work session. Motion carried. The EDA received the 2008 Annual Report as an informational item. The EDA considered the 2009 Work Program. Motion by Commissioner Anderson (Grimes) to approve the 2009 Work Program. Motion carried. The EDA considered the marketing plan for lot sales in 2009. Motion by Commissioner Grimes (Moore) to approve the 2009 marketing plan developed by staff and as presented in the staff report. Motion carried. The EDA considered acquisition of 6420 50"' Avenue North for demolition. Motion by Commissioner Bowman (Hoffinann) to authorize the purchase of the subject property for $43,000 and to authorize the Executive Director to execute documents necessary to complete the purchase. Motion carried. The EDA considered acquisition of 6429 50"' Avenue North for demolition. Motion by Commissioner Bowman (Selton) to authorize the purchase of the subject property for $47,800 and to authorize the Executive Director to execute documents necessary to complete the purchase. Motion carried. The EDA considered acquisition of 5325 35the Avenue North for demolition. Motion by Commissioner Anderson (L. Moore) to authorize the purchase of the subject property for $60,000 and to authorize the Executive Director to execute documents necessary to complete the purchase. Motion carried. The EDA considered acquisition of 4633 Douglas Drive North for demolition. Motion by Commissioner Hoffmann (Bowman) to authorize the purchase of the subject property for $64,900 and to authorize the Executive Director to execute documents necessary to complete the purchase. Motion carried. The EDA considered a Resolution authorizing the Executive Director to sign documents for four scattered sit acquisitions. Motion by Commissioner Anderson (Grimes) to adopt Resolution 2009-08 authorizing the Executive Director to sign documents relating to the purchase of real properties at 6420 50th Ave N, 6529 50" Ave N, 5325 35t11 Ave N and 4633 Douglas Dr N. Motion carried. The EDA considered a Resolution authorizing Tax Increment Financing reimbursement for four scattered site acquisitions. Motion by Commissioner L. Moore (Grimes) to adopt Resolution 2009-09 approving the terms of an internal loan in connection with the acquisition of certain property in Redevelopment Project No. 1. Motion carried. Motion by Commissioner Hoffmann (L. Moore) to adjourn the regular meeting. The meeting adjourned at 8:13 p.m. Marls Hoffinann, President Garry Grimes, Secretary MENNEM-WEaLm TO: Crystal EDA FROM: Patrick Peters, Deputy Executive Director SUBJECT: Consider formulating offeres to acquire property on a voluntary basis (for May 5, 2009, EDA Regular Meeting) As a result of the discussion at the February 3 EDA work session, staff sent letters later that month to owners of 73 properties across the city to elicit interest in the voluntary sale of their property to the EDA. By the April 27 deadline, 26 property owners had responded with written statements of interest to sell a total of 36 properties to the EDA on a voluntary basis. Those properties are listed on the EDA agenda for this item. As discussed at the February work session and at subsequent EDA meetings related to the 2009 work program, the source of funds for the possible acquisitions is available tax increment, primarily from #2150. EDA staff, the city's finance director, and the FDA's TIF consultant have reviewed the responses, and we will offer our recommendations for acquisitions to the EDA for discussion on May 5. At that meeting, staff will seek EDA direction and authorization for the voluntary acquisition of properties from the list of willing sellers. Pursuant to M.S. 13D.05 Subd. 3(c)(1), the EDA may meet in closed session to determine whether to make a purchase offer, and if so, how much to offer for each of the properties. Material related to the formulation of offers will be distributed during closed session. Page 1 of 1 0 9 9 Crystal City Council PRELIMINARY AGENDA Board of Appeal & Equalization Meeting Regular City Council Meeting May 5, 2009 7:00 P.M. Council Chambers (Complete Meeting Schedule on last page) CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 11. BOARD OF APPEAL AND EQUALIZATION MEETING & PUBLIC HEARING a. Discuss the 2009 Assessment Summary with Hennepin County Assessors b. Open Public Hearing and receive comments from residents (names and addresses must be stated) c. Close public hearing and take action on 2009 Assessment Roll Hennepin County Assessors will be at the hearing to respond to questions and comments. 111. PROCLAMATIONS a. The Mayor will proclaim May 5, 2009 as Eva Mae Slupske Day in the City of Crystal. b. The Mayor will proclaim May 15 as Peace Officer Memorial Day and the week of May 10 — 15, 2009 as National Police Week in the City of Crystal. IV. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings: ® The Regular City Council Meeting from April 21, 2009; and ® Two Council Work Sessions from April 21, 2009. V. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Adoption of a resolution amending the 2009 Fee Schedule (exclusive of the Utility Billing Section); Crystal City Council Meeting Agenda May 5, 2009 V. CONSENT AGENDA CONTINUED 4. Adoption of a resolution authorizing the cancellation of interest charges on an assessment for property located at 5116 Fairview Ave N - PID 09-118-21-13-0078; 5. Approval of the Annual Traffic Signal Painting Contract, Project #2009-07; 6. Approval of City Hall Roof Replacement Consulting Services Contract, Project #2009-14; 7. Acceptance of Tom Davis' resignation from the Planning Commission; and 8. Approval of naming Community Development Director Patrick Peters as a city representative to Robbinsdale School District's Divestiture Plan Advisory Committee. V1. OPEN FORUM (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) VII. REGULAR AGENDA 1. The City Council will receive a presentation from City Forester James Burks regarding a $50,000 IVIN Community Forest Bonding Grant. Forester James Burks will provide brief information on this grant. 2. The City Council will consider a resolution authorizing the purchase of hardware for Bassett Creek Park hockey boards, Project #2009-16. Repair/rebuilding the Bassett Creek hockey rink remains in this year's PIR. Recommend approval of the purchase. 3. The Council will consider the Second Reading of an ordinance and its corresponding summary ordinance amending Section 400 of the Crystal City Code (vacant building registration). At its April 21 meeting, the Council approved the first reading of this ordinance requiring all vacant properties to be registered, including contact information and a maintenance plan for each vacant property. Recommend approval of the second reading of this ordinance. Page 2 of 3 Crystal City Council Meeting Agenda May 5, 2009 VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a. The Council will hold a work session at 7:00 p.m. on Thursday, May 14 in the community room (downstairs) at City Hall. b. Citizen Input Time will be held from 6-6:30 p.m. on May 19 in conference room A at City Hall. c. The next City Council Meeting will be at 7:00 p.m. on May 19 in the Council Chambers at City Hall. IX. ADJOURNMENT X. MEETING SCHEDULE ON MAY 5, 2009 a) 6:00 — 6:55 p.m. EDA Meeting in the Council Chambers b) 7:00 p.m. Regular City Council Meeting in the Council Chambers Have a great weekend! See you at Tuesday's meeting. Page 3 of 3 Crystal City Council Meeting Packet May 2009 .y / t t'4 t't J. BOARD OF APPEAL AND EQUALIZATION PUBLIC HEARING a. Discuss the 2009 Assessment Summary with Hennepin County Assessors b. Open Public Hearing and receive comments from residents (names and addresses must be stated) c. Close public hearing and take action on 2009 Assessment Roll WELCOME To the CRYSTAL LOCAL BOARD OF APPEAL AND EQUALIZATION MAY 5, 2009 7:00 PM � The purpose of the Board of Appeal and Equalization meeting is to review the 2009 Estimated Market Value of the properties located in the City of Crystal. It is not to review the current taxes already levied. Those values were subject to review last year. C-urrent law provides for an annual real property assessment to be used in determining taxes. All values are considered and adopted by the Local Board of Appeal and Equalization as of January 2, 2009. 2. The 2009 Values are used to levy the taxes payable in 2010. The School District, Hennepin County, the City of Crystal, and other taxing jurisdictions establish budgets and levies later in 2009. 3. This board only has authority to review the 2009 Estimated Market Value. I.11D I' 1: �Il�l'�R 1. The Chair of the Board of Review will call on each property owner requesting to be heard (the order is based on the number on the application form). Please complete the form and submit it to the staff. 2. You are responsible for presenting evidence to the Board as to why the valuation placed on your property by the Assessor does not represent fair market value as of January 2, 2009. Please speak to this issue and not the amount of taxes, or increase in taxes or value. 3. After you have stated your concerns, the Board will then discuss your case. They will either direct the Assessor's staff to do further research for a subsequent meeting or make an immediate decision. The Local Board of Review has the authority to lower, leave the same, or raise the value of any property in the City. The total amount that they can change the tax base of the entire city is restricted to 1 % of the total value of Crystal. 4. If you are not satisfied with the Board's decision, an appeal may be made to the County Board of Equalization, which convenes on June 15, 2009 running for up to two weeks. The deadline for making an appointment to appear there is June 3rd, 2009. The number to call is 612-348-7050. LOCAL BOARD OF APPEAL AND EQUALIZATION SUMMARY OF DUTIES AND RESPONSIBILITIES Most of the -responsibilities listed under the Local Board of Appeal and Equalization are statutory, primarily found in Minnesota Statutes 274.01. The first responsibility is attendance. The Local Board of Appeal and Equalization is an official public meeting similar to a City Council meeting and can not convene without a quorum. In addition to the local assessor, the county assessor, or one of . his/her assistants is required to attend. At least one member must be present at each meeting of the Local Board of Appeals and Equalization (beginning in 2006) that has attended an appeals and equalization course as developed and approved by the Commissioner of Revenue. The valuation notices shall be in writing and be sent by ordinary mail at least ten - calendar, days before the meeting of the board. The valuation notice will include the dates, places and times set for the meetings of the Local Board of Appeal and Equalization as well as the Hennepin County Board of Appeal and Equalization. The meetings must be held between April I and May 31 each year. The County Assessor shall fix a day and time when the Local Board of Appeal and Equalization shall meet. The board must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, i.e., calendar days -- original night is day one. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. 0 Local Boards of Appeal and Equalization must see that all taxable property is properly assessed, valued, and classified for all current assessments. The board may consider both real and personal property. If any property has been omitted, the board must correct the assessment by adding it to the list of assessments along with its market value. The board may not increase or decrease by percentage all assessments in a district of a given class of property. Changes in the aggregate to assessments are by class and are made by the county board of equalization. Although the Local Board of Appeal and Equalization has the authority to increase or decrease individual assessments, the total of such adjustments must not reduce the aggregate assessment by more than one percent. If the total reductions would lower the aggregate assessments by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation. The local board does not have the authority to reopen former assessments onwhich taxes are due and payable. The board only considers assessments in -the current year. The board may find instances of undervalued properties., The board must notify the owner of the property that the value is going to be raised. The property owner.may then appear before the board if they so wish. It is the -primary duty of each local board to examine the assessment record to see that all taxable property in the assessment district has been properly placed upon the list and valued by the assessor. - The local boards do not have the authority to address exemption issues. Only the cowity assessor has the authority to exempt property - A taxpayer may appear in person,, by council, or written communication to present his or her objection to the board. The focus of the appeal must center on the factors influencing the estimated market value or classification placed on the property. All changes will be entered into the assessment books by the county assessor's office. Before adjourning, the I * ocal board should prepare an official list of the changes. The law requires that the changes be, listed on a separate form. All assessment * s that have been increased or decreased should be shown. as prescribed on the form along with. their market values. The record-InWt be.signed'an d dated by the members of the Local Board of AppealA Equalization. and The Hennepin County Board.of Appealand.Equalization.begins meeting*�on: June l5,2009 All appointments must be scheduled no later than Wednesday June 3, 2009 by calling the Hennepin County Taxpayer Services Office at: (612) 348-7050 %C.#*rystal City •- Meeting Packet May 5, 2009 Ill. PROCLAMATIONS a. The Mayor will proclaim May 5, 2009 as Eva Mae Slupske Day in the City of Crystal. b. The Mayor will proclaim May 15 as Peace Officer Memorial Day and the week of May 10 — 15, 2009 as National Police Week in the City of Crystal. E1 Douglas Drive North. Crystal, Minnesota 55422-1696 (763) 531-1000 . Fax: (763) 531-1188 . www.d.crystalmn.us z.F M, 411 MAE SLUPSKE DAY IN CRYSTAJ MAY 5, 2009 WHEREAS, Eva Mae Slupske was born on May 5, 1919; and WHEREAS, Eva Mae Slupske and her husband, Thomas, moved to Crystal in 1952 before the streets were surfaced or city water and sewer were available; and WHEREAS, Eva Mae Slupske and her husband raised two children in Crystal; and WHEREAS, Eva Mae Slupske still lives in the same house she moved into in 1952 and is one of three original homeowners in her neighborhood; and WHEREAS, Eva Mae Slupske's constant presence in her Crystal neighborhood is one of the reasons Crystal is a stable community; and WHEREAS, Eva Mae Slupske's loyalty to Crystal is acknowledged and greatly appreciated. NOW, THEREFORE, 1, ReNae J. Bowman, Mayor of the city of Crystal do hereby proclaim May 5, 2009 as EVA MAE SLUPSKE DAY in the city of Crystal. Dated this 5th day of May, 2009 ReNae J. Bowman, Mayor T "TAV - M, -TINA Iry x I MAY 15, 2009 WHEREAS, May 10 to May 16, 2009, has been declared nationally as NATIONAL POLICE WEEK AND Friday, May 15, 2009 as PEACE OFFICER MEMORIAL DAY, WHEREAS, On average a peace officer is killed every three days in the United States; WHEREAS, Nearly 200 law enforcement officers are injured in the line of duty daily in the United States; WHEREAS, The Crystal Police Department will join nearly 780,000 peace officers nationwide in commemorating fallen officers on May 15, 2009, by wearing black bands on their badges in memory of those officers who have given their lives in the line of duty; WHEREAS, Law Enforcement Memorial Day serves as a reminder to everyone in the community of the sacrifice and commitment to duty by peace officers throughout the country on a daily basis; NOW, THEREFORE, 1, ReNae Bowman, Mayor of the City of Crystal, in recognition of NATIONAL POLICE WEEK join with others across the nation to proclaim the City of Crystal's support and appreciation for our peace officers and proclaim Friday, May 15, 2009, as LAW ENFORCEMENT OFFICERS MEMORIAL DAY in the City of Crystal to commemorate those law enforcement officers nationwide who have made the ultimate sacrifice of their lives for the greater good and safety of the community and encourage the community to observe POLICE WEEK and PEACE OFFICER MEMORIAL DAYwith appropriate programs, ceremonies, activities and the flying of flags at half staff. Dated this 5th day of May 2009 ReNae J. Bowman, Mayor Crystal City Council Meeting Packet May 5, 2009 IV. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings: ® The Regular City Council Meeting from April 21, 2009; and ® Two Council Work Sessions from April 21, 2009. Crystal City Council First Work Session minutes April 21, 2009 1791 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:30 p.m. on Tuesday, April 21, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Hoffmann, Selton, L. Moore, Anderson, Bowman, Grimes, and J. Moore STAFF: City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, and City Clerk J. Lewis OTHER: Charter Commission Chair S. Erickson II. AGENDA The Council and staff discussed proposed amendments to Sections 2.04, 2.07, and 6.05 of the City Charter. 111. ADJOURNMENT The work session adjourned at 6:50 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\Council\Minutes2009\min4-21-09wsbefore.doc -1791- Working Agenda April 21, 2009 1792 CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, April 21, 2009 at 7:00 p.m., in the Council Chambers at 4141 Douglas Drive in Crystal Minnesota. Mayor ReNae Bowman called the meeting to order. Upon roll call, the city clerk recorded the following attendance: COUNCIL Hoffmann, Anderson, L. Moore, Grimes, Selton, J. Moore, and Bowman STAFF City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, Community Development Director P. Peters, Assistant Community Development Director/City Planner J. Sutter, and City Clerk J. Lewis. Mayor Bowman led the Council and audience in the Pledge of Allegiance. 11. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings: ® Regular City Council Meeting from April 7, 2009; and ® Three Council Work Sessions from April 7, 2009. Moved by Council Member Grimes and seconded by Council Member L. Moore to approve the minutes of the following Council Meetings, in a single motion: ® Regular City Council Meeting from April 7, 2009; and ® Three Council Work Sessions from April 7, 2009. Motion carried. 111. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; and 3. Approval of the 2009 Street Striping Maintenance Project #2009-02 to Century Fence Co. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the consent agenda. Motion carried. 0..1C .. Mlhfi­.2.09.i.Y2149.&1792 Working Agenda April 21, 2009 1793 IV. PUBLIC HEARINGS 1. Mayor Bowman declared this was the date and time advertised for a public hearing at which time the City Council received public comment for the construction of Twin Oak Pond Project #2007-20. Public Works Director/City Engineer T. Mathisen addressed the Council. Mayor Bowman opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, the Mayor declared the public hearing closed. No Council action was necessary. 2. Mayor Bowman declared this was the date and time advertised for a public hearing at which time the City Council received public comment for the Phase 10 Welcome Park Street Project #2008-10 Assessment Roll Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Aaron Ditzler, of SEH Consulting Group, presented to the Council and audience. Mayor Bowman opened the public hearing for testimony. Written testimony submitted with objections to the project: ® Edward Johnson, 4355 Xenia Ave N ® Carolyn Cooper, 4641 Xenia Ave N a Lori Ulick, 4701 Welcome Ave N ® Marie Lehn, 4319 Welcome Ave N Angela Zegar, 4251 Xenia Ave N Densie Zechmann, 4623 Colorado Ave N Robert and Jane Casper, 4630 Colorado Ave N The following persons addressed the Council in-person: ® Paul Amundson, 4542 Zane Ave N, objected to the project a Rebekah Archer, 4401 Brunswick Ave N, objected to the project a Monty Carlson, 4761 Adair Ave N, objected to the project 0 Carolyn Cooper, 4641 Xenia Ave N, objected to the project 0 Tony Edmunds, 4265 Vera Cruz Ave N, objected to the project 0 Amy Eggersgluess, 4856 Yates Ave N, objected to the project ® Wayne Jacobsen, 6115 — 45th Ave N, objected to the project 0 Kristi Pingel, 4367 Colorado Ave N, objected to the project 0 Wallace Roles, 6112 — 47th Ave N, objected to the project a Denise Zechmann, 4623 Colorado Ave, objected to the project 1c... I )A.a 1793 Working Agenda April 21, 2009 1794 IV. PUBLIC HEARINGS CONTINUED Jim McGuire, 4601 Xenia Ave N, objected to the project Chuck Tostenson, 4371 Brunswick Ave N, favored the project Joel Van Risseghem, 4500 Brunswick Ave N, objected to the project There being no one else wishing to appear before the Council to give testimony, the Mayor declared the public hearing closed. Moved by Council Member L. Moore and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 31 ADOPTING ASSESSMENT ROLL FOR PROJECT #2008-10, PHASE 10 WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION By roll call and voting aye: Bowman, Grimes, Hoffmann, J. Moore, L. Moore and Anderson; voting nay: Selton. Motion carried, resolution declared adopted. V. OPEN FORUM No public comment was given during open forum. VI. REGULAR AGENDA 1. The Council considered civil penalties for the violation of ordinances and laws relating to the illegal sale of alcohol to underage persons by the following license holders: Red Dragon Liquors, 5924 West Broadway, Crystal Wine & Spirits, 4920 West Broadway, and Doyle's Bowling & Lounge, 5000 West Broadway. Red Dragon Liquors 5924 West Broadway Red Dragon Liquors owner Santokh Bir Singh submitted a letter admitting the violation. Moved by Council Member Grimes and seconded by Council Member Anderson to impose the following penalties: 1 -day license suspension to begin on a Thursday with the city clerk determining the suspension date; and a $750 civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure to submit payment shall result in immediate license revocation until the fine is paid in full, for Red Dragon Liquors located at 5924 West Broadway. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. GX ... Msfi.­2.07.i.42 I .9.d.. 1794 Working Agenda April 21, 2009 1795 VI. REGULAR AGENDA CONTINUED Crystal Wine & Spirits 4920 West Broadway Crystal Wine & Spirits Owner Xia Yang submitted a letter admitting the violation. Moved by Council Member Hoffmann and seconded by Council Member Grimes to impose the following penalties: 1 -day license suspension to begin on a Thursday with the city clerk determining the suspension date; and a $750 civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure to submit payment shall result in immediate license revocation until the fine is paid in full, for Crystal Wine & Spirits located at 4920 West Broadway. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. Doyle's Bowling & Lounge 4900 West Broadway Owner Rita Gardner admitted the violation before the Council. Moved by Council Member L. Moore and seconded by Council Member Anderson to impose the following penalties: 1 -day license suspension to begin on a Thursday with the city clerk determining the suspension date; and a $750 civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure to submit payment shall result in immediate license revocation until the fine is paid in full, for Doyle's Bowling & Lounge located at 4900 West Broadway. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. 2. The Council considered the First Reading of an ordinance relating to vacant building registration. Community Development Director P. Peters addressed the Council and answered questions. Moved by Council Member Anderson and seconded by Council Member Grimes to adopt the following ordinance: ORDINANCE NO. 2009 - And further, that the second reading be held on May 5, 2009. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. 1795 Working Agenda April 21, 2009 1796 VI. REGULAR AGENDA CONTINUED 6th 3. The Council considered a sign variance at 7700 — 3 Ave N (Winnetka Village apartments). Assistant Community Development Director/City Planner J. Sutter addressed the Council and answered questions. Manager of Heritage Winnetka Village Apartments (Lindsey) addressed the Council. Moved by Council Member L. Moore and seconded by Council Member Anderson to deny the sign variance at 7700 — 36th Ave N, as recommended by the Planning Commission at its meeting on April 13, 2009, and based on the findings of fact outlined in Section B of the Staff Report. By roll call and voting aye: Grimes, Hoffmann, Selton, J. Moore, L. Moore, and Anderson; voting nay: Bowman. Motion carried. 4. The Council considered two resolutions relating to the Phase 10 Street Reconstruction Project #2008-10; A) approving a contract for Materials Testing Laboratory and B) awarding contract for Project #2008-10 Phase 10 Welcome Park Neighborhood Street Reconstruction. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Council Member L. Moore and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 32 APPROVING CONTRACT FOR PHASE 10 PROJECT #2008-10, MATERIALS TESTING LABORATORY Voting aye Moore. Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Motion carried, resolution declared adopted. WC ... 1Mfl,,-20D9m1,,4-2 1-0 .d.. 1796 Working Agenda April 21, 2009 1797 VI. REGULAR AGENDA CONTINUED Moved by Council Member L. Moore and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 33 AWARDNG CONTRACT FOR PROJECT #2008-10, PHASE 10 WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried, resolution declared adopted. 5. The Council considered 2009 Alley Project Feasibility Report and ordering a public hearing for Project #2009-06. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Council Member Grimes and seconded by Council Member L. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 34 RECEIVING THE 2009 ALLEY CONSTRUCTION FEASIBILITY REPORT AND ORDERING THE HEARING ON IMPROVEMENT PROJECT #2009-06 Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried, resolution declared adopted. WC.... 1797 Working Agenda April 21, 2009 1798 VI. REGULAR AGENDA CONTINUED 6. The Council considered ordering a public hearing on proposed amendments to Sections 2.04 and 6.05 of the Home Rule City Charter. City Manager Anne Norris addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Council Member L. Moore to order a public hearing on May 19, 2009 to consider proposed amendments to Sections 2.04 and 6.05 of the Home Rule City Charter. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) The next City Council Meeting will be at 7:00 p.m. on May 5 in the Council Chambers at City Hall. b) The Great Shingle Creek Watershed Clean -Up is on Saturday, April 25 at 9:30 a.m. Participants can meet at Vera Cruz and 52nd Ave on the east side of County Road 81. Call the Recreation Department with any questions at 763-531- 1158. 63-531-1158. VIII. ADJOURNMENT Moved by Council Member L. Moore and seconded by Council Member J. Moore to adjourn the meeting. Motion carried, The meeting adjourned at 9:36 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk We .. d0ji'­Zwlfti"Y2 I A9'd" 1798 Crystal City Council Second Work Session minutes April 21, 2009 1799 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at 9:45 p.m. on Tuesday, April 21, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota, The Mayor called the work session to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Grimes, J. Moore, Selton, Anderson, Bowman, Hoffmann, and L. Moore STAFF: City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, and City Clerk J. Lewis II. AGENDA The Council and staff discussed the following agenda items: ® Updates on the water meter replacement project; ® 2010 budget parameters; and ® The upcoming joint work session with WMFRD and New Hope City Council. 111. ADJOURNMENT The work session adjourned at 10:30 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\Council\Minutes2009\min4-21-09wsafter.doc -1799- Crystal City Council, Meeting Packet May 5, 2009 V. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Adoption of a resolution amending the 2009 Fee Schedule (exclusive of the Utility Billing Section); 4. Adoption of a resolution authorizing the cancellation of interest charges on an assessment for property located at 5116 Fairview Ave N - PID 09-118-21-13-0078; 5. Approval of the Annual Traffic Signal Painting Contract, Project #2009-07; 6. Approval of City Hall Roof Replacement Consulting Services Contract, Project #2009-14; 7. Acceptance of Tom Davis' resignation from the Planning Commission; and 8. Approval of naming Community Development Director Patrick Peters as a city representative to Robbinsdale School District's Divestiture Plan Advisory Committee. APPLICATIONS i OR LICENSE MAY 59 2009 GAS INSTALLER Dakota Mechanical 575 Minnehaha Ave W St Paul, MN 55103 TNC Industries P O Box 326 Wayzata, MN 55391 PLUMBER Commercial Plumbing & Heating 24428 Greenway Ave Forest Lake, NIN 55025 Dakota Mechanical 575 Minnehaha Ave. W. St. Paul, MN 55103 Jenns Plumbing 8984 Comstock LN N Maple Grove, MN 55311 Practical Systems 4342B Shady Oak Rd Hopkins, MN 55343 RENTAL — NEW 4749 Georgia Ave N -Clayton and Tammy Duggan (Conditional) RENTAL — RENEWALS 4516 Douglas Dr N — Patricia Hutchinson (Conditional) 4559-4563 Douglas Dr N — Donald Brasch (Conditional) 5127 Edgewood Ave N — C. Xiong for P M Xiong/M Y Xiong (Conditional) 3220 Hampshire Ave N — Kevitt Development (Conditional) 5330 Kentucky Ave N — Mary J. Tjosovold (Conditional) 3436 Major Ave N — Judith DuPaul (Conditional) 4532 Maryland Ave N — Mike and Jane Mealey (Conditional) 3416 Noble Ave N — Glendon Ewalt (Conditional) 3432 Perry Ave N — G J Pappas & G L Armborst 3733 Welcome Ave N — Evelyn M Hayhurst 632736 th Ave N — Gina Kilgore 6802 37th Ave N — Kevin and Debbie Kreatz 6500 46th PI N — Scott and Colleen Fischer (Conditional) 710552 nd Ave N — Steve and Karen Grotting (Conditional) 532853 d Ave N - Galen and Teresa Watje (Conditional) 782558 th PI N — Lori Terrell (Conditional) SIGN HANGER Fish & LaBeau Signs Inc. 5170 West Broadway, Crystal, MN 55427 TREE TRIMMER Annatone Tree Service 7929 Zane Ave N Brooklyn Park, MN 55443 Golden Leaf Tree Service 1400 Sumter Ave N Golden Valley, MN 55427 1 of 1 5/1/2009 �crrrof' KYSTAL F— DATE: April 28, 2009 TO: Anne Norris, City Manager City of Crystal City Council FROM: Charlie Hansen, Finance Director C' PERA P/R 04/17/09 Employee/City Contributions RE: Expenditures over $15,000 Payee IRS PERA Health Partners Hennepin County Treasurer Crystal, City of Golden Valley JWC HD Supply Waterworks Ltd. LOGIS Metro Council Environmental SE RAM Construction Services M&I Marshall & Ilsley Bank 0 \My\M..\Chcc1. .,w 15.000.xis Description Amount Social Security/Medicare - Federal Tax W/H P/R 04/17/09 46,338.01 PERA P/R 04/17/09 Employee/City Contributions 37,835.86 May premiums 80,308.39 LED signal changeout 55,963.19 Phase 10 special assessments, various addresses 31,966.50 March water costs 106,632.15 Water meter replacement program 148,421.32 March support and services 21,386.58 May waste water costs 101,456.73 Crystal reservoir tank repair 100,954.60 Purchase property 5325 35th Avenue North 59,924.44 791,187.77 TO: Mayor and Council Members Anne Norris, City Manager FROM: Charles Hansen, Finance Director C, SUBJECT: Consideration of Resolution Amending the 2009 Fee Schedule - Exclusive of the Utility Billing Section Introduction: Each year, the city reviews the fee schedule to insure that it is recovering the cost of services and products that it provides to the public. The City Council reviewed and adopted the 2009 fee schedules at meetings in October and November 2008. This resolution adds three newifees. Discussion: Anything that was in the 2009 adopted fee schedules and is being removed is shown in bold type and strikeeut. Additions or changes to the fee schedule are shown in bold type. Only the page that incorporates the change is attached. Liquor — bona-fida club on -sale licenses The City had two licenses of this type until now. One was for clubs of up to 200 members and the other was for clubs of over 200 members. State law allows a third license for clubs of over 500 members. The VFW has now exceeded 500 members. We are proposing to change the $500 license to be for clubs with 201 to 500 members and create a new $650 license with over 500 members. Address change, administrative fee It occasionally happens that a property owner will want to change the address number on their property or change the street in the case of a corner lot. This is a lengthy process that takes up to two hours of staff time. There has been no fee charged for the service until now. We are proposing to charge a $100 fee for the service. Copies of Deeds and Liens on Property The Administration Department now has the capability to view and print certain county records like deeds and liens recorded against property. We anticipate that the public will occasionally ask for this service. We propose to charge $2.00 for a non -certified copy of these documents. This will cover the cost of copying and the staff time for a simple data look -up. Recommended City Council Actions: It is recommended that the City Council adopt the resolution to make the needed changes to the 2009 Fee Schedule- Exclusive of the Utility Billing Section. These changes will generate some additional revenue, but not enough to justify amending the budget. t RESOLUTION AMENDING THE 2009 FEE SCHEDULE (Exclusive of the Utility Billing Section) WHEREAS, the City of Crystal adopted the 2009 Fee Schedule — Exclusive of the Utilities Section on October 7, 2008; and WHEREAS, state law allows a higher liquor license fee for clubs with over 500 members; and WHEREAS, property owners request to change the street address of a property which is a lengthy process; and WHEREAS, the City has received the capability to view Hennepin County records and print out deeds and liens on property and will do this at the request of and for the benefit of citizens. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the attached fee schedule pages showing new fees for Liquor Licenses, Address Changes and Copies of Deeds & Liens are adopted and incorporated into the Crystal City Code as Appendix IV for the 2009 Fee Schedule — Exclusive of the Utility Billing Section. Adopted by the Crystal City Council this 5�' day of May, 2009. ReNae Bowman, Mayor ATTEST: Janet Lewis, City Clerk PAC -233381v1 CR205-30 w w U) aa)) � C6 ro c � '� va m IOD w o a ... O N C O ro N y E E E E o iu E co Cl) O' C TO fz CL a r w l0 0 " LoO .I" .a w CL O r Ca) U 69 fH - L N N p 6S 64 '> 64 U a s a w w C O G w C ..w.. w O a w w CL a C O O w w ro w N w C O O fH O + o. o. n n w o. a o. o `o. o. w + w a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d m w N w N a) a) .w (D w aw) c 0 0 0 o m m io m m O O a O O d > > ti E c >E c 0 c r'•• r c o O 0 tq ca ui 06 ca N V 64 U 69 = G p C 0 G Q C + o. + Q + a + o. a o 0 0 0 0 > o O O a O O rO r O O O O O �G O O OO O OOOOCOOOOOOOOOO O O O OO O O O O O O O O O O O O O OO OO O O O o O O OO ONO MOM OMOO N4N4M`MO O O O Mr6 00hJ mM MM r CY M co� M M O N N f- 3 M LO 0 O C O Cl) 6s O O O C O O O C ro o O O L U O a) O ro (D G o O o O O U w U is O O C O O p O = n rn O aci '�v�i po ro O E E a) w n o 00 o O O o O _ E U o 0 O O O ro O O t() 6% O O w U O w m Ga) m L n C m o E 0 E CL + + + 0 0 0 O O 0 O O O to O O O O O r O w U) aa)) � C6 ro c � '� va m IOD w o a ... O N C O ro N y E E E E o iu E co Cl) O' C TO fz CL a r w l0 0 " LoO .I" .a w CL O r Ca) U 69 fH - L N N p 6S 64 '> 64 U a s a w w C O G w C ..w.. w O a w w CL a C O O w w ro w N w C O O fH O + o. o. n n w o. a o. o `o. o. w + w a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d m w N w N a) a) .w (D w aw) c 0 0 0 o m m io m m O O a O O d > > ti E c >E c 0 c r'•• r c o O 0 tq ca ui 06 ca N V 64 U 69 = G p C 0 G Q C + o. + Q + a + o. a o 0 0 0 0 > o O O a O O rO r O O O O O �G O O OO O OOOOCOOOOOOOOOO O O O OO O O O O O O O O O O O O O OO OO O O O o O O OO ONO MOM OMOO N4N4M`MO O O O Mr6 00hJ mM MM r CY M co� M M O N N f- 3 M LO 0 O C O Cl) 6s O O O C O O O O O O O O O O O O O o o O O O O C O O p O O o O o O o O O O O O O O O O O M O O t() O O O O O O O O O o O O O CV a) O ri O M O O to h M to O 0 O O r N� V' N V M M O p O O O 0 O cc h. O o Cl) M M M t� M 7 M O r M M LL) p r N W N N r t` r O r p M U) M O m r r lq N C E O In 64 EE ER T T -0 E E o OTC aM aM Ma m ro D a a a a a a a a a a a a M a a a M a M M a CD M to r r w m N w O. r r r r r r r r r r r r r r r r r r T w a) 'm0 v N C E O EE E E o I N m a m L m a G w N E p O O U (U` m w w O N r o. O w C O w Z a) N O •C .O CL N a) w w E E j, V ro L w V) C o� N w N D L N N - ci o L o ;z U w m to ca c N O w a m G m L L wwo :-a O E w a ro O w G O O C w C = w cO 4 U oo a>y ain O C w w o C w N row _ U U w ) U G C L V EE o nE L w a w a w v o L w m awi w m m (D4 a w a 0aci C ' C o C o w w w w oC oC .aN N ro NN w C pwOw p IQO =O O N 3 Y C E E w N w w N N a •o G = r a Q a Q E Q E Q E Q E Q E Q E Q S_= Q Q m o= m m o U m a m o IL ro C7 ro 0 ro 0 ro 0 ro 0 ro 0 ro= 0� Y m J v J v J o c Sr J J .N. O O O O O O O O O M O M. t` t` t` tom• f. O O O O O O O O O O 0 0 19 0 N O t� O O V V' :9 V' V' d' d; IT It V It V• V' tl• er V• V V• V• d• V• d; V 'd' V' <Y V_ O o O O o O O O O O O O O O O O O O O O O O O O o O O O O Co O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w w w w w w w w w w w w w w w w w w w w w w w w w w w w a) N w N N N N w N N N N N N w w N N N C N C w C N G w G I w C w G w G w G w C w C V) C N C w C w C C G w U G w UJJ G w G G C C C C C w C w C C w w C w C w w U w V wU V U U U w w w 1 U _! J J J J J J J J _I _! _1 J J - J _. J _! J J J C C C C C C C C C C C C C C C G C G C G C C C C C C C C C C G a a a a v v v v v v v� v v a� v a a v v a v v� v v a v � I Q Q Q •Eo Q Q Q Q Q Q Q Q Q Q Q Q •o Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q N C � z .n T � G >> C V m c6 O O NO m > N V co m m m o p N N m C C N N ° @ > E E E {p T a > >> N o a� N O) o U m 0) N o m 4- 'O ,a? j O 'O C m 'm0 'O o a) (D @ m m ro CL) N to N m m U U 2 O. 2 .O m O O y a m C 'E O' m d U U 'C U N m E .m.. N N d > m v E ni O F° N v v (WI) 0 o G o m m m .m. N O. m m o m N m G E G E N 0 a o m o_ mB O o n. O 0 o. o. ONcU E 0 0 0 0 0> 0 0 0 0 0 0 0 m U 0 U 0 0 0 U O o 0 ummON O 0 0 0 0 0 .O O p m U d o Q m O 0 0 0 0 0 0 'O O m m O m O m U N O� O O V7 to c0 f0 O O O 0 N m O m N m O tV N O O cm_) cm_) '�O .mC m G O .G C. G .N CU U 0 ii iLi LL Z a co %S %S O O O 0 O11: C) c0 O O O O O U fyOy' 0)ri t 7?XS5 7?XSS 4 V'' 3 �Y 4 Q VI' V IR ro dam' o Vim. NENmNc[ O O O M O O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O ce) O O O O N O O O O N N O U N C O .n >> C V G O NO V co N m p N m C C N C N G @ O m m E {p T a > >> N UO N O) U N N N m 4- 'O ,a? j O 'O C m 'm0 'O ro CL) U U O O y a m C 'E O' m p U E m E o v > m v E ni F° N v v (WI) m m o>> m rn m m o m m rn G E G E c a o m o_ mB O o m N ami S G Occpp ONcU E 44 ip m U CmG Om U dm !m0 U O ummON O m O.O > mm .O O p m U d O Q m O )c is g) i m U N O� N N O o G cm_) cm_) '�O .mC m G O .G C. CU U 0 ii iLi LL Z a co %S %S O O O 0 O11: C) c0 O O O O cm fyOy' t 7?XS5 7?XSS 4 V'' 3 �Y 4 Q VI' V Vim' dam' Vim' Vim. O O O O O M O O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O ce) O O O O O O O O O N N C C V m m m m mat m m m m m m m U U yLj L L J 0 0 0 0 0 0 0 0 0 0 0 0 0 cc G C C C G C G G G C C C C v v v v v Eo a v a a a a v v 'ciE CITY OF CRYSTAL PID 09-118-21-13-0078 • FAIRVIEW AVENUE) WHEREAS, in 2007, the Crystal City Council approved the feasibility study and ordered the public improvement project #2007-09, Phase 9 of the Street Reconstruction program (Cavanagh Oaks); and WHEREAS, on April 15, 2008, the Crystal City Council approved assessments for public improvement project #2007-09, Phase 9 of the Street Reconstruction program (Cavanagh Oaks); and WHEREAS, when the assessments for public improvement project #2007-09, Phase 9 of the Street Construction program (Cavanagh Oaks) were approved on April 15, 2008, assessments were due and payable; and WHEREAS, the property owner of PID 09-118-21-13-0078 paid the assessment amount of $5000.34 in full in March 2009; and WHEREAS, the property owner of PID 09-118-21-13-0078 didn't realize interest had accrued in the amount of $535.75 and was also owed at the time the assessment was paid in full; and WHEREAS, the property owner of PID 09-118-21-13-0078 had a series of significant personal hardships during the project approval and assessment payment period in 2007 — 08. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the interest due on the assessment for PID 09-118-21-13-0078 be cancelled, due to the significant personal hardships suffered by the property owner. Be it further resolved that the Crystal City Council directs Hennepin County to cancel the interest on the assessment for PID 09-118-21-13-0078 and that Hennepin County take all actions necessary for this cancellation. Be it further resolved that the City Manager is authorized to confirm such cancellation with Hennepin County Taxpayer Services Division and take any other action necessary to resolve this matter. Approved this 5th day of May, 2009. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk FROM: Mick Cyert, Project Manager ZAMA TO: Tom Mathisen, Public Works Director & City Engineer (for June 3 City Council Meeting) ,fig RE: QUOTES FOR 2009 TRAFFIC SIGNAL PAINTING, PROJECT 2009-07 Three contractors were invited to submit quotes for this year's Traffic Signal Painting maintenance work, Project 2009-07, two responded. The low quote was submitted by Aerial Painting, Inc. in the amount of $8460.00, Outdoor Lighting Services, Inc submitted a quote of $8700.00. The quoted cost of $4170.00 for the painting of the traffic signal system located at 42nd Ave. and Adair Ave. will be equally shared ($2085.00) with the City of Robbindale making the City of Crystal's obligation equal to $6,375.00 for this years work. Aerial Painting, painted five traffic signal systems for the City of Crystal in 2008. They delivered quality workmanship, in a timely manor and fulfilled their contractual obligations. Their quote of $8460.00, less Robbinsdale's portion, is $375.00 over the $6000.00 we have budgeted for this year's work. I recommend our acceptance of their quote. 1:\PUBWORKS\Projects\2009\Traffic Signa]\09memoquotes.doc CITY -,f ,CRYSTAL ,�YSTAL [Iff-VAIVIII! =,G* A FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 5 City Council Meeting) DATE: April 30, 2009 RE: Consulting Services Contract Award Project 2009-14 In the 2009 PIR, $90,000 is budgeted to replace that portion of the City Hall roof that was not impacted by the 1993 reconstruction of City Hall. The consulting firm INSPEC has submitted a proposal totaling $13,600 to assist the Engineering Department in the design, specification, and construction inspection for this year's project. INSPEC specializes in this type of work, and performed similar services for the City in 2008 for the Community Center and North Fire Station re -roofing projects. It is recommended that the contract be awarded to INSPEC. Respec fully submitted, Tom Mathisen City Engineer/Public Works Director 1:/pubworks/projects/2009/2009-14 City Hall Roof/consultantmem 'es fit) ati'o r), DearRenae and John, Please accept my resignation from the Crystal Planning and Zoning Commission at this time. I have enjoyed serving as a commissioner these past several years. I have particularly appreciated how the "tone" of the Commission has changed during these years. I think that the Commission has become much less more often in a problem solving mode rather than strictly an rigid, more "citizen/customer" friendly and enforcement mode. This is in part due to a changing membership, but also I think to an evolution in the thinking and actions of staff. John, I have appreciated your thoughtfulness and the care and preparation that you and Jason take in your presentations to the Commission. You - educate us about issues, offer us options and never speak down to us. This has made it much easier to deal with some very difficult issues over these years. You also seem to know how to keep us gently on track. Again, it has been my pleasure to serve on this Commission and I wish nothing but the best to you and the City of Crystal. Sincerely Tom Davis Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. ....... . ........ - P Memorandum ,CrfftRYSTAL L DATE: April 28, 2009 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Robbinsdale School District's Divestiture Plan Advisory Committee — Appointed Representative for Crystal The Robbinsdale School District is creating a Divestiture Plan Advisory Committee to formulate recommendations to the School Board about what to do with un -needed buildings throughout the District. In Crystal, Cavanagh School is one of these facilities. The Advisory Committee is to be composed of elected/appointed representatives as well as citizen representatives of each city in the School District. The Committee will meet in June and July to develop its recommendations. Because of his understanding of land use and the Crystal Zoning Ordinance and Comp Plan, I'm recommending Patrick Peters be Crystal's appointed representative to this Committee. Appoint Patrick Peters as Crystal's appointed representative to Robbinsdale School District's Divestiture Plan Advisory Committee. 0% Uryff's-2tal City Council Meeting Packet May 5, 2009 VII. REGULAR AGENDA 1. The City Council will receive a presentation from City Forester James Burks regarding a $50,000 IVIN Community Forest Bonding Grant. 2. The City Council will consider a resolution authorizing the purchase of hardware for Bassett Creek Park hockey boards, Project #2009-16. 3. The Council will consider the Second Reading of an ordinance and its corresponding summary ordinance amending Section 400 of the Crystal City Code (vacant building registration). March 25, 2009 James Burks City of Crystal 4141 Douglas Dr. N Crystal, MN 55422 Dear James: Congratulations. Your application for a Minnesota Community Forest Bonding Grant has been approved for the amount of $50,000. Of this total grant amount, the Steering Committee has recommended using $25,000 for tree removals and $25,000 for planting. You will receive your grant agreement paperwork as soon as possible. The Bonding Grant Steering Committee had a daunting task trying to decide on the levels of grant awards for the fine proposals submitted. Fortunately, the committee was able to award some funds to all grant projects, though a number of the awards were for less than what was requested. The project activities that were cut back the most were primarily tree removals. This was done to reflect the program emphasis on community forest infrastructure investment. If your award is less than you requested, you will need to submit a revised budget detail page from your application form Please begin working on that now, so you can return it along with your signed grant agreement. If you need assistance, please contact the DNR staff that you've been working with. This program is generally set up on a reimbursement basis. That is, you will receive the money for your. Bonding grant after you have completed the project. If you need a partial payment in advance for purchase of trees or contractual services, you must receive the approval of your DNR staff contact for that cash advance prior to requesting payment. Your grant agreement (contract) will describe this process in detail. We look forward to helping you implement a successful project. Again, congratulations and thank you for your patience and your contributions to the long-term management of your community's trees. Sincerely, �. 44�-/ / Ken Holman, Community Forestry Coordinator wwwAr.statenn.us AN EQUAL OPPORTUNITY EMPLOYER A®, PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST -CONSUMER WASTE COUNCIL STAFF REPORT ICITYlof RYSTAL Proiect #2009-16 BASSETT HOCKEY BOARDS FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for May 5 City Council Meeting) RE: Consider Quotes, Adopt Resolution Authorizing Purchase of Hardware for Bassett Creek Park Hockey Boards The hockey dasher boards at Bassett Creek Park are in a state of disrepair and have outlived their useful life. Funds totaling $25,000 are budgeted in the Parks Department 2009 PIR to replace the boards. Two quotes shown on the attached resolution were received. The higher quote is $793 more than the lower quote, but the higher quote was more specific and the materials are considered to be of better quality. It is recommended that Council adopt the attached resolution awarding the material purchase to Becker Arena Products. IReRespectf Ily suRi,tted, Thomas A. Mathisen City Engineer I:pubworks/projects/2009/2009-16 BassettHockeyBoards/awardmem BASSETT CREEK PARK HOCKEY BOARDS PROJECTIIS WHEREAS, the City Manager's office has reviewed and recommends approval of said appropriation; and WHEREAS, adequate funds totaling $25,000.00 are in the 2009 Parks Department PIR (#5056), and WHEREAS, the existing hockey boards have outlived their useful life; and WHEREAS, the City Council hereby acknowledges: 1- Maintaining City hockey rinks represents a benefit to the City and is consistent with the City's long range goals, programs and policies. 2- The most suitable source of funding is the PIR; and WHEREAS, the following quotes have been received: Becker Arena Products $23,000.00 Tennis West 22,207.00; and WHEREAS, while the Tennis West quote is lower, the details of the quote were not as specific, and the materials are not considered to be of the same quality as that of Becker. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby appropriates $23,000.00 plus tax from the PIR Fund for the purchase of replacement hardware for new dasher boards at Bassett Creek Park, from Becker Arena Products. Adopted by the Crystal City Council this 5"' day of May 2009. ReNae J. Bowman, Mayor UVOUN" Janet Lewis, City Clerk I:pubworks/projects/2009/2009-16 BassettHockeyBoardsres COUNCIL STAFF REPORT 711,11, Second Reading of Proposed Ordinance to R- • g ding - C. FROM: Patrick A. Peters, Community Development Director . ,b� TO: Anne Norris, City Manager (for May 5, 2009 City Council Meeting) 41001101H�•• RE: Consider second reading of Vacant Building Registration ordinance and accompanying summary ordinance for publication Background The proposed ordinance was discussed at the February 17 and April 7 Council work sessions. The City Attorney has reviewed the proposed ordinance for form and scope. Council approved the first reading of the proposed ordinance on April 21. Overview The impacts of vacant buildings on surrounding properties, entire neighborhoods and the community are significant and ultimately result in higher levels of management of such properties. Foreclosed homes, for example, may be vacant for months or years, becoming targets for vandalism, illegal dumping, health and safety hazards, and general nuisances. There is a substantial, on-going cost to the city for monitoring and responding to reports related to vacant buildings. City staff members have successfully resolved issues at vacant properties with nuisance conditions (lack of maintenance, accumulation of junk and debris, unsecured, etc.), but this level of enforcement activity consumes a significant amount of staff time and city resources. It is staff's position that the costs associated with monitoring vacant buildings and responding to citizen reports should not be borne by the general taxpayers of the community but by those who choose to leave their buildings vacant. As such, staff is proposing that the Council consider second reading and adoption of the proposed vacant building registration ordinance at its May 5 meeting. The effective date of the ordinance would be on or about June 15, 2009. Proposed Ordinance The proposed ordinance is intended to protect the public health, safety, and general welfare by establishing a program for the identification and registration of vacant buildings within the city. The ordinance would determine the responsibilities of owners of vacant buildings and provide for program administration, enforcement and associated penalties. Key elements of the proposed ordinance are: GAVacant Properties\2009-05-05 Second Reading Merno.doc A. Owner must register a vacant building within 30 days of it becoming vacant. An annual fee would be paid for this registration. B. Owner must pay an annual registration fee reasonably related to the administrative costs of registering and processing the registration form and for the city's costs for monitoring the vacant building and site. C. If the property is abandoned or the owner/responsible party fails to register, the ordinance provides that the city may register the property administratively. D. A property plan would be required with each registered property that includes a timetable for use and a plan for maintaining the property in compliance with applicable codes. The plan must address methods for maintaining appearance, securing of the property, fire safety, water shut-off, termination of utilities, sign removal, exterior maintenance, maintenance of alarm systems, etc. E. The ordinance would provide the city with the authority to inspect any vacant building for the purpose of enforcing and assuring compliance with the property maintenance code and other applicable regulations. Upon request of the compliance officer, the owner must provide access to all interior portions of the building and the exterior for inspection purposes. F. If the owner does not comply with the property plan or fails to maintain the property or correct nuisance items, the city may commence abatement action and recover all associated costs. G. If a building has remained vacant for more than 12 months consecutively, and the compliance officer has not approved an alternate schedule in the property plan, the city may order demolition. If the owner does not demolish the building, the city may commence abatement and cost recovery proceedings. The only substantive change contemplated to the ordinance since first reading is to delete the 'Waiver of fees" subsection. The proposed ordinance no longer would provide for the waiving of the registration fee for non-exempt owners. A change also was made to subsection 435.10 to clarify the responsibilities of new owners of a registered vacant building. Fees The annual registration fee is to be based on the anticipated level of effort necessary to prevent a vacant building from becoming a nuisance. This includes time devoted to field inspections, code enforcement activities (e.g., tracking, investigation, documentation, etc.), and all costs related to ordinance administration and fee collection. Council will be asked to consider establishing a flat registration fee of $500 per year in the fee schedule prior to the effective date of the ordinance. Recommendation Staff recommends that the City Council consider the second reading and approval of the proposed vacant building registration ordinance and accompanying summary ordinance. G:Wacant Properties\2009-05-05 Second Reading Merno.doc r_1 AN ORDINANCE RELATING TO REGISTRATION AND REGULATION OF VACANT BUILDINGS AMENDING CITY CODE CHAPTER 400 The City of Crystal Does Ordain: Crystal City Code Chapter 400 is hereby amended by adding a new section 435, Vacant Building Registration, as follows: Section 435 — Vacant Building Registration 435.01. Purpose and Findings. Subdivision 1. The Crystal city council is enacting this section to help protect the public health, safety and welfare by establishing a program for the identification and regulation of vacant buildings within the city. This section also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with same. Subd. 2. The city council finds that vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner or responsible parry of the building fails to actively maintain and manage the building to ensure it does not become a liability to the neighborhood. Vacant buildings often attract transients, homeless people, trespassers and criminals, including drug abusers. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion or flooding for the vacant building and adjacent properties. Vacant properties often are used as dumping grounds for junk and debris and often are overgrown with weeds and grass. Vacant buildings that are boarded to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. There is a substantial cost to the City for monitoring vacant buildings whether or not those buildings are boarded. This cost should not be borne by the general taxpayers of the community; but, rather, these costs should be borne by those who choose to leave their buildings vacant. 435.03. Definitions. For the purposes of this section, the terns defined in this subsection have the meanings given them and shall apply in the interpretation and enforcement of this section. "Abandoned Property" means property that the owner has surrendered, voluntarily relinquished, disclaimed, or ceded all right, title, claim, and possession, with the intention of not reclaiming it "Compliance Official" means the City Manager and the City Manager's designated agents authorized to administer and enforce this section. "Building" is any roofed structure used or intended for supporting or sheltering any use or occupancy. Page 1 of 8 "Owner" or "Property Owner" is the owner of record according to Hennepin County property tax records; those identified as owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a receiver, all executor, a trustee, a lessee, other person, firm or corporation in control of the freehold of the premises or lesser estate therein. An owner also means any person, partnership, association, corporation or fiduciary having a legal or equitable title or any interest in the property or building. This includes any partner, officer or director of any partnership, corporation, association or other legally constituted business entity. All owners shall have joint and several obligations for compliance with the provisions of this section. "Responsible party" is an owner, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located; any party having a legal or equitable interest in the property. Responsible party may include but is not limited to a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. "Vacant building" a building is vacant if no person or persons actually and currently conducts a lawful business or lawfully resides or lives in any part of the building on a permanent, nontransient basis in accordance with city of Crystal zoning regulations. 435.05. Vacant Building Registration. Subd. 1. Application. The owner or responsible party shall register a vacant building with the city no later than thirty (30) days after the building becomes vacant. The registration shall be submitted on a form provided by the city and shall include the following information supplied by the owner: a) The name, address, telephone number and email address, if applicable, of each owner and each owner's representative; b) The names, addresses, telephone numbers and email addresses, if applicable, of all known lien holders and all other parties with any legal interest in the building; c) The name, address, telephone number and email address, if applicable, of a local agent or person responsible for managing or maintaining the property; d) The legal desefiptiefl-, tax parcel identification number and street address of the premises on which the building is situated; e) A deser-iPtion of the...eluding the eemmen addi--ess of the pr-epeft-y; e � The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and correcting code violations and nuisances, or for demolition of the building; g) f) The status of water, sewer, natural gas and electric utilities. Page 2 of 8 l,.A/ g) The owner shall notify the compliance official within thirty (30) days of changes in any of the information supplied as part of the vacant building registration. Subd. 2. Property Plan. The property plan identified above in 435.05, Subd. 1 f) shall meet the following requirements: a) General provisions. The plan shall comply with all applicable regulations and meet the approval of the compliance official. It shall contain a timetable regarding use or demolition of the property. The plan shall be completed within 30 days after the building is registered. b) Maintenance of building. The plan shall identify the means and timetable for addressing all maintenance and nuisance -related items identified in the application. Any repairs, improvements or alterations to the property shall comply with building code provisions and applicable city regulations. c) Plan Changes. If the property plan or timetable for the vacant building is revised in any way for any purpose, the revisions shall meet the approval of the compliance official. d) Demolition Required. If a building has remained vacant for a period of three hundred and sixty-five (365) consecutive days, and the compliance official has not approved an alternative schedule in the property plan, the city sal may declare the building to be a nuisance and direct the owner to demolish the building and restore the grounds. If the owner does not demolish the building and thereby eliminate the nuisance conditions, the City may commence abatement and cost recovery proceedings for the abatement of the violation in accordance with section 425.25 of this code and Minnesota Statutes, section 429.101. Subd. 3. Non-compliance and Notification. If the owner does not comply with the property plan, or maintain or correct nuisance violations, the City may commence abatement and recover its costs for correction of those items in accordance with section 425.25 of this code and Minnesota Statutes, section 429.101. In the case of an absent owner and ongoing nuisance issues, the city need not provide notice of each abatement act to the owner. A single notice by the City to the owner is determined to be sufficient notice that it intends to provide ongoing abatement until the owner corrects the violations. Subd. 4. Exemptions. a) Fire Damage. A building that has suffered fire damage is exempt from the registration requirement for a period of ninety (90) days after the date of the fire if the owner submits a request for exemption in writing to the compliance official. An exemption request for review by the compliance official shall include the following information supplied by the owner: i. A description of the premises; Page 3 of 8 ii. The name and address of owner or owners; iii. A statement of intent to repair and reoccupy the building in an expeditious manner and the time frame for completion; iv. Actions the owner will take to ensure the property does not become a nuisance for the neighborhood. b) Snowbirds. Those persons who leave their residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season and have the intent to return are exempt from the registration requirement. Requests for "snowbird" exemption will be considered annually with proper verification. Subd. 5. Fees. The owner shall pay an annual registration fee. The registration fee will be in an amount adopted by resolution by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the City in monitoring the vacant building site. The fee shall be paid in fall prior to the issuance of any building permits or licenses, with the exception of a demolition pen -nit. 01 NEI M. 1-9 ................. -- --------- . WE- quwiw H roxgrm - =-v �-- tqy Subd. -7 6. Assessment. If the registration fee or any portion is not paid within 60 days after billing or within 60 days after any appeal becomes final, the City Council may certify the unpaid fees against the property in accordance with Minnesota Statutes, section 429.101. Subd. 9 7. Issuance of Penni Registration. Upon completion of the registration process and payment of the fee, the City will issue a Vacant Building Pefmit Registration to the owner. The owner shall securely post the pefffii registration on the vacant building on a side entrance door, where possible, that is not generally visible from the public street. If no side entrance door is available, the pert registration shall be securely posted on another available entrance door. Page 4 of 8 Subd. 9. Failure to Register. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property. 435.10. Change of Ownership. A new owner(s) shall register or re -register a vacant building in accordance with subsection 435.05 within fifteen (15) days of any transfer of an ownership interest in a vacant building. The new owner(s) shall comply with the approved property plan and timetable submitted by the previous owner. Ries or responsible part shall submit any changes proposed to the property plan to the compliance official for review and approval as required by section. 435 05 of this ordinance. For the purposes of this ordinance, a. new owner is an "owner" as defined in subsection 435.03 who has purchased the vacant building since its registration by the previous owner and has succeeded to all rights of that previous owner. 435.15. Inspections. The compliance official may inspect any vacant building in the city for the purpose of enforcing and assuring compliance with this section and other applicable regulations. Upon the request of the compliance official, an owner or responsible party shall provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If the owner or responsible party is not available, is unresponsive, or refuses to provide access to the interior of the building, the city may use any legal means to gain entrance to the building for inspection purposes. Prior to any re -occupancy, the owner or responsible party shall request an inspection of the vacant building by the compliance official to determine compliance with section 425 of this code and all other applicable regulations. All application and reinspection fees also shall be paid prior to building occupancy. 435.20. Maintenance of Vacant Buildings. Subd. 1. The owner shall comply with and address the following items in the property plan, as described in 435.05, subd. 2.: a) Appearance. All vacant buildings shall be so maintained and kept that they appear to be occupied. b) Securing. All vacant buildings shall be secured from outside entry by unauthorized persons or pests. Security shall be ensured by normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows shall remain locked. There shall be at least one operable door into every building and into each dwelling unit. Exterior walls and roofs shall remain intact without holes. i. Architectural (Cosmetic) Structural Panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade -finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi -glass to simulate windows. ii. Temporary Securing. Untreated, exterior grade (CDX) plywood or similar Page 5 of 8 structural panels may be used to secure windows, doors and other openings for a maximum period of 90 days. iii. "Artistic " board --up. With prior approval of the compliance official, artistic options may be utilized to secure a vacant building. iv. Emergency securing. The compliance official may take immediate steps to secure a vacant building at his or her discretion in emergency circumstances. c) Fire Safety. Fire protection systems. Owners of non-residential vacant buildings shall maintain all fire protection systems, appliances and assemblies in operating condition and maintain underwriter laboratories (UL) monitoring of all systems. ii. Removal of hazardous and combustible materials. The owner of any vacant building, or vacant portion thereof, shall remove all hazardous material and hazardous refuse that could constitute a fire hazard or contribute to the spread of fire. d) Plumbing fixtures. Plumbing fixtures cormected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. The building's water systems shall be protected from freezing. e) Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. f) Lighting. All exterior lighting fixtures shall be maintained in good repair, and illumination shall be provided to the building and all walkways in the same manner as provided at the time the building was last occupied or as otherwise provided in the approved vacant building plan. g) Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. h) Termination of utilities. The compliance official may require that water, sewer, electricity, or gas service to the vacant building be terminated or disconnected. Prior to the termination of any utility service, the city will provide written notice to the owner. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the request of the owner or responsible party as part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities at his or her discretion in emergency circumstances and provide subsequent notice to the owner or responsible party. Page 6 of 8 i) Signs. Obsolete or unused exterior signs and installation hardware shall be removed. Holes and penetrations shall be properly patched and painted to match the building. Surfaces beneath the signs that do not match the building shall be repaired, resurfaced, painted or otherwise altered to be compatible with the building surfaces. All signs shall be maintained in good condition and comply with the provisions of section 405 of this code. j) Exterior maintenance. The owner shall comply with all applicable property maintenance regulations and city codes including, but not limited to, the following: 1) Nuisances. The owner shall eliminate any activity on the property that constitutes a nuisance as defined by section 425, section 2005 and section 2010 of this code. 2) Grass and weeds. Any weeds or grass shall be maintained at a height of no greater than eight (8) inches and in accordance with section 640.13 of this code. 3) Exterior structure maintenance. The owner shall maintain the vacant building in compliance with section 425 as determined to be necessary by the code official. 4) Abandoned or junk vehicles. The owner shall keep the property free of unlicensed, inoperable, abandoned or junked vehicles. The city may cause such vehicles to be removed. 5) Storage and disposal of refuse. The storage and disposal of refuse shall comply with the requirements of section 605 of this code. 6) Animals. The owner shall ensure that all animals, including domestic, exotic and feral, are removed from the property and handled in a humane manner. 7) Diseased, dead or hazardous trees. The owner shall remove diseased, dead or hazardous trees or branches from the property in accordance with section 2020 of this code. 8) Graffiti. The owner shall remove all graffiti from the property in accordance with section 430 of this code. 9) Abandoned pools. Swimming pools shall be covered and secured to prevent accidental entry, treated to prevent pest harborage, and properly drained and winterized. k) Removal of garbage and refuse. The owner of any vacant building or vacant portion thereof shall keep the building and property free of all garbage, refuse, litter, rubbish, swill, filth, or other materials identified in section 605 of this code. 1) Police protection systems. All alarm systems in any vacant building or portion thereof Page 7 of 8 shall be maintained in operating condition. m) Loitering, criminal activities. Loitering or engaging in criminal activities is prohibited in the vacant building or on the real property upon which the vacant building is located. The owner or responsible party shall not allow these activities and shall take immediate actions to eliminate these conditions upon notification by the city or upon discovery. n) Emergency Abatement. The compliance official may authorize immediate abatement of any public nuisance or correction of any maintenance item if the compliance official determines that conditions exist that present an imminent threat to the public health and safety in accordance with section 425 of this code. o) Other Codes. The property owner or responsible party shall comply with all other city codes and applicable regulations. 435.25. No Occupancy or Trespass. No person may trespass, occupy or reside, on a temporary or permanent basis, in any vacant building, registered or not, without the owner's consent. 435.30. Vandalism or Removal of Items Prohibited. No person may vandalize or remove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. 435.35. Appeal. Any person or responsible party aggrieved by a decision rendered under section 435 may appeal to the City Council. The appeal shall made be in writing, shall specify the grounds for the appeal, and shall be submitted to the City Manager within ten business days of the decision that is basis of the appeal. 435.40. Penalties. Any person or responsible party who violates the provisions of section 435 is subject to penalty as provided under section 306 of this code. Nothing in this section, however, is deemed to impair other remedies or civil penalties available to the city under this code or state law, including, but not limited to, Minnesota Statutes, sections 463.15 through 463.261. Page 8 of 8 ORDINANCE # 2009-_ NXIMNII 1 111#17% 1 LIKA1111211215140M W WIN I iLloikzg-ej:avff.,T-,wjkkIl'w;lgjI1 (Summary Publication) The city council has determined that pursuant to its city charter that Ordinance No. 2009 - should be published in summary form. AMENDMENT TO CITY CODE CHAPTER 400 RELATING TO REGISTRATION AND REGULATION OF VACANT BUILDINGS SUMMARY OF ORDINANCE # 2009 - Ordinance No. 2009- has been approved by the city council on May 5, 2009. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The ordinance amends Chapter 400 of the City Code by adding a new Section 435 - Vacant Building Registration. hl order to address the many problems associated with vacant buildings, the ordinance mandates the registration of all vacant buildings by the property owner or responsible parry within 30 days of the building becoming vacant. If the owner fails to register the vacant building it can be registered administratively by the city. The ordinance requires the owner or responsible party to develop a properly plan to address utilities, nuisances, interior and exterior maintenance and a timetable to return the building to occupancy. In the case of a non-cooperative owner, the ordinance provides that the city can abate or correct the nuisance violations and recover its costs by means of a special assessment. The ordinance provides limited exemptions for snowbirds and in the case of fire damage. Ultimately, if the owner does not follow the property plan or the building is vacant for 365 consecutive days, the building can be demolished. If the owner fails to carry out the demolition, the city- is permitted to undertake demolition and to recover its costs as provided currently in ordinance and statute. ReNae J. Bowman Mayor ATTEST: Janet Lewis City Clerk (Summary ordinance published on August _, 2008 in the Crystal/Robbinsdale Sun Post.) 3509541 MTN CR205-30