2016.03.10 Work Session Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696
CITY of Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CRYSTAL
Posted: March 4, 2016
CRYSTAL CITY COUNCIL
WORK SESSION AGENDA
Thursday, March 10, 2016
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 at p.m. on Thursday,
March 10, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
Parsons Norris
Peak Therres
Adams Revering
Dahl Ray
Deshler Hansen
Kolb Gilchrist
Libby Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. 36th and Regent study and recommended alternative
2. Contributions to food shelves
3. Street Maintenance Fund
4. Proposed amendment to Chapter 3 of the City Code based on recommendations from the
City Code Review Task Force*
* Denotes no supporting information included in the packet.
III. Adjournment
The work session adjourned at p.m.
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.
Memorandum
CITY of
CRYSTAL
DATE: March 10, 2016
TO: City Council
FROM: Mark Ray, PE, Public Works Director
SUBJECT: Regent Ave N and 36th Ave N Intersection Study
Background
In 2012 the Cities of Robbinsdale and Crystal hired a consultant to review the intersection of 36th
Avenue North and Regent Avenue North. The desire for the study came from concerns regarding the
safety and operation of the existing intersection. Based on the study and analysis completed, a mini -
roundabout was proposed for the intersection. The consultant report was provided to the Council in the
January 8, 2016 weekly packet.
At the Traffic Symposium last fall, one of the comment cards received raised the question about the
status of the report and potential project. Crystal staff checked in with Robbinsdale and they have
indicated the desire to move forward with the project starting with design this year with potential
construction next year.
Work Session Discussion Outline
• Staff will be giving a brief summary of the consultant report
• Federal Highway Administration staff will attend to provide an overview of mini -roundabouts,
how they work, where they are used, and answer operations -related questions.
• Council will discuss the project with a focus on the questions listed below.
While this report was completed in 2013, further design and construction costs were not and have not
been programmed. The Council will be discussing street maintenance funding later in the evening and
depending on Council's direction, this project may need to play into the larger funding discussion.
Requested Action
The Council will be asked to provide guidance on the following specific questions:
1) Is the mini -roundabout something the Council wants to continue to move forward with?
2) Keeping in mind that this project is not currently programmed, what is the timeline the Council
envisions for this project?
3) What public education/awareness does the Council desire for mini -roundabouts?
4) What adjacent property education/awareness does the Council desire related to this project?
5) Does the Council have a preference on which City takes the lead on the project?
CclivMemorandum
s
I'M..
DATE: March 3, 2016
TO: Mayor and Council
FROM: Kim Therres, Assistant City Manager
SUBJECT: Funding Food Shelves Serving Crystal Residents
Some years ago, the Council adopted Resolution #2008-56, a policy regarding use of
charitable gambling proceeds. The policy outlines the types of services or organization
that may receive funds from charitable gambling proceeds and is based on language in
Minnesota Statutes, Section 349.12, Subd. 25. This allows the Council to provide funds
to local food shelves for services to Crystal residents, NEAR and PRISM. In recent
years, the Council has provided these funds in March during a state matching grant
period.
West Metro Fire is again hosting its annual "Firefighters Fighting Hunger" Food Drive on
Saturday, March 19. Crystal Cub Food has been approached about having the City
Council and commissioners bag groceries to raise funds for the local food shelves on
March 19.
As discussed at the February 29 City Council work session, there are limited funds in
the City Initiatives Fund to contribute to NEAR and PRISM. Finance is continuing to
work with charitable gambling organizations on annual reports and contributions. Four
of the five organizations have submitted annual reports. At this time, it appears likely
that the lawful gambling 10% "fund" will remain at a $0.00. However, there is a balance
of $435.36 in the Admin -In General and a balance of $134.60 in the Unencumbered
line items that may be used for this purpose. Combined this could be a contribution of
$569.96 ($284.98 for each).
The Council should discuss whether and how much to provide to NEAR and PRISM.
�ISdhUM RnanWaRRepo CnYedaVR WM QuWfeqV4M1Y b lWies FunE.*rMeet 1
aien Dela o i7mo
City of Crystal
City Initiatives Fund (Fund 240)
YTD Summary As Of December 31, 2015
All expenses are initially coded to 0018.6883 - the Neighborhood Outreach Office fine item in the Police Dept (General Fund}.
Donations will be coded to BU 3724 -the Neighborhood Outreach Office line item in the City Initiatives Fund. At the end of
each quarter, a review of BU 3724 will be made. if donations were received, any expenses incurred will be reclassified from
the Police Dept to the City Initiatives Fund to bring the Neighborhood Outreach office line item to zero. This keeps the
net cost of operating the Neighborhood Outreach Office recorded in the Police Dept
Tax levy dollars may be allocated to the DARE program from the General Fund, up to the amount budgeted for the year
(if any). Such allocation would be made at the end of July and December, to coincide with receipt of tax settlements from
Hennepin County. If donations are sufficient to cover expenses, no allocation will be made.
JDE
Balance
Disburse-
Balance
BU
amOriiDtm
0_'io`diii
R t_?j
inert
12131/15
3705
Admin - In General
0.00
435.36
435.36—"-
3707
Admin - Airport Open House
6,869.75
4,800.00
3,197.82
8,471.93
3749
Admin - Lawful Gambling 10% "Fund"
444.65
0.00
444.65
0.00
3719
Police - Canine Unit
5,219.63
9,087.92
4,315.05
9,992.50
3722
Police - Chaplain's Fund
462.60
183.63
278.97
3724
Police - Neighborhood Outreach Office
0.00
0.00
3726
Police - DARE
429.38
500.00
718.52
210.86
3729
Police - Explorer's Program
5,024.31
6,839.05
3,867.47
7,995.89
3738
Police - Reserve
3,737.41
335.00
4,072.41
3750
Parks - In General
3,877.34
3,877.34
3753
Parks - Becker Paris Rewards
659.04
659,04
3770
Recreation - In General
9,358.03
250.00
554.25
9,053.78
3713
Recreation - Activity Assistance
3,320.76
4,500.00
3,629.40
4,191.36
3776
Recreation - Becker Arts & Ent
5,616.38
2,000.00
3,045.00
4,571.38
3780
Recreation - Jane Eisen Bridge Fund
500.00
500.00
370.00
630.00
3782
Recreation - Safety Camp
1,354.24
653.40
700.84
0240
Unencumbered
1,189.95
1,055.35
134.60
48,063.47
55,276.26
29,247.33
22,034.54
All expenses are initially coded to 0018.6883 - the Neighborhood Outreach Office fine item in the Police Dept (General Fund}.
Donations will be coded to BU 3724 -the Neighborhood Outreach Office line item in the City Initiatives Fund. At the end of
each quarter, a review of BU 3724 will be made. if donations were received, any expenses incurred will be reclassified from
the Police Dept to the City Initiatives Fund to bring the Neighborhood Outreach office line item to zero. This keeps the
net cost of operating the Neighborhood Outreach Office recorded in the Police Dept
Tax levy dollars may be allocated to the DARE program from the General Fund, up to the amount budgeted for the year
(if any). Such allocation would be made at the end of July and December, to coincide with receipt of tax settlements from
Hennepin County. If donations are sufficient to cover expenses, no allocation will be made.
CCRYST
Memorandum
AL
DATE: March 3, 2016
TO: Mayor and City Council
FROM: Charles Hansen, Finance Director
SUBJECT: Long Term Street Maintenance Funding
Background
Last year the City Council indicated that they would like to explore funding options other
than special assessments for future street maintenance needs. Additionally, the City is
moving away from sealcoating as part of the pavement preservation program. These
expenses are being redirected towards the mill and overlay (in house) program. With
these changes it is best for the City to take a step back, look at the overall program and
funding and set a course. This is also important as the Street Reconstruction Program is
anticipated to finish up in 2018 (final wear course paving for the Phase 16 area) and
street maintenance needs will continue.
Proposed Timeline
March 2016 — Present initial information to Council. Gather input and further
direction
■ Summer 2016 — Provide follow up to Council, narrow down funding methods.
• Fall 2016 — Finalize program and funding.
■ Spring 2017 - Implement program and funding method for contractor mill and
overlay project.
Attachments
Attachment A Street maintenance fund analysis with special assessments. This
is the way it has worked up to now with 60% of the cost of mill & overlay projects
being assessed to benefited properties. Ending fund balance fluctuates from a
positive $2,000,000 to a negative $1,275,000. This is caused by the different
sizes of the mill & overlay projects and the spacing between the projects over
time_
Attachment B Street maintenance fund analysis without assessments. This
option does away with any additional special assessments on new mill & overlay
projects. Special assessments already levied on past projects will still be
collected. Two new revenue sources are identified to replace special
assessments. First is shifting special assessment and Municipal State Aid for
streets revenue from the Street Reconstruction Fund once that fund has paid for
Phase 16 street reconstruction. Second a conceptual additional property tax
levy. Ending fund balance fluctuates from a high of $3,600,000 to a low of
$59,000. Some revenue other than the property tax could be used if one can be
identified. Any revenue that the City can collect is going to come in one way or
another from the residents and properties within Crystal.
Requested Council Action
Council is requested to provide direction to staff on further study, analysis, or
implementation considerations. Questions include;
1) Is the Council comfortable with the use of the Street Maintenance Fund (as
revised starting in 2016)?
2) Are there other tweaks to the Street Maintenance Fund the Council would like to
consider? For example, the Streets Division general fund budget has $8,000
annually for pavement markings. Should this be moved to the maintenance fund?
3) What funding options does the Council want the staff consider?
4) The Council has the goal of being a debt free City. Street maintenance projects
are expensive. Is the Council comfortable with an account with large sums
money ($3 million plus) and continuing to collect funding with the intent of paying
for projects in cash?
Attachment A
CITY OF
CRYSTAL
STREET MAINTENANCE FUND ANALYSIS
- ADOPTED 2016
BUDGET
Mill & overlay assessment will equal 60%
of the
costs and will pay
off over
10 years and 5% interest
will be charged.
MSA will
pay for mill
&
overt of
MSA streets.
Gen FD
Ongoing
Maintenance Projects
Contrib.
Mill &
5867
Business Unit 5866
Shifted from PIR Fund
shifted Overlay Other
Ending
Gen FD
from
Special
City
Invest
Patch
Mill & Overlay
Sidewalk
Retaining
will &
Fund
Ph 1 -3
Phase l
Costs
Repairs
Walls
Overlays
Year Contrib. PIR Fd Assmt. M.S.A. Reimb. Earnings
Balance
2010
2011
65,300
167,250
53,460
34,992
272,773
9,425
55,419
47,107
8,738
36th Ave
36th Ave
752,012
41,862
_
_
j
1,989,992
1,908,638
2012
69,300
37,387
23,159
7,025
36th Ave
84
1,872,925
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
71,400
72,800
74,300
101,307.
104,346
107,477
110,701
114,022
117,443
120,966
124,595
128,333
132,183
136,148
140,233
144,440
148,773
153,236
157,833
162,568
167,445
172,468
177,642
182,972
188,461
194,115
199,938
205,936
212,114
59,000
60,770
62,593
64,471
66,405'
68,397-
70,449
72,563
74,739
76,982
79,291
81,670
84,120
86,643_
89,243
91,920
94,678'
97,518'--
100,444
103,457
106,561
109,757
113,050
116,442
119,935
123,533
45,904
304,015
114,763
104,131
239,088
_ 195,023
_ 284,819
241,412
217,700
_ 277,184
236,493
284,544
425,643
459,030'
582,442
460,521
568,179
_6729,575
619,802
6 708,815
818,088
941,421
1,024,629
843,213
968,350
1,064,410
913,829
771,983
629,975
528,000
101,626
335,369
398,046
351,081
64,368
230,706
350,644
298,482
170,996
547,948
620,142
499,250
351,641
373,056
280,955
20,726 3,815
11,3_85 13,771
012,517
6,764. 21,199
62,533 31,953
17,563 18,093
14,588 5,823
0 -7,072
10,318 12,460
100,634" 33,726
8,319' 36,395
14,431_ 49,002
11,652 _ 62,189
108,877 36,672
56,712 -37,729
11,928c 20,440
79,420 38,320
129,0411 17,113
17,749 -7,933
40,650 13,794
117,329 1,245
22,528 -6,777
96,347 -19,081
29,899 -28,8_82
33,114 362
71,429 -14,810
9,134 -38,254
37,632 -8,115
16,399 20,3391
45,626
22,092
40,000
20,000
1
2
3
4
5
fi
7
8
F)1,652,965
10
1 1
12
1',1
14
15
18
79
982,906
1,270,000
1,365,000
903,000
760,000
1,659,95_5
1,017,159
1,635,684
2,367,9201
1,297,586
1,924,580
1,989,659
1,886,762
1,993,643
2,322,012
12,000
12,360
12,731"
13,1131
13,5061
13,911
14,329
14,758
15,201
15,657
16,127
16,611
17,109
17,622
18,151
j 18,696
19,256
19,834
20,429
21,042
21,673
22,324
22,993
23,683
24,394
1 25,125
12,000
12,720
13,483
14,292
15,150
16,059
17,022
18,044
19,126
20,274
21,490
22,780
76,000_
78,280
80,6_28
83,047
1,854,710
1,251,683
1,413,263
1,597,664
723,714
194,104
-235,748
85,539
88,105
415,343
1,124,207
90,748
93,470
96,275
99,163
102,138
105,202
108,358
111,609
114,957
118,406
1,213,172
1,633,383
2,072,957
1,222,387
1,257,626
681,339
1,277,321
570,434
-264,438
459,788
121,958
125,616
129,385
133,266
137,264
141,382
145,624
149,993
154,492
159,1271
41,492
-225,897
-636,036
-962,745
12,079
493,659
-1,275,139
-270,506
24,1461
677,979
1,471,942
6,425,921
2,274,629
15,200,822 5,502,312'
1,444,589
1,163,6791
143,481
25,822,8671
753,348
226,586
2,930,031
Special
CITY OF CRYSTAL
_ STREET MAINTENANCE FUND ANALYSIS
Attachment B
Special assessments will not be levied for mill & overlay after Phase 1. MSA will pay for mill & overlay of MSA streets.
assessment and M.S.A. maintenance revenues shifted from the Street Reconstruction Fund once that fund returns to a positive cash balance.
The retired debtspecial assessment
revenue will
be higher than shown, but predicting the timing of bond calls and amount of remaining assets is speculative.
Gen FD
Gen FD
Contrib.
shifted; Additional
tromL Property
General
Mill &
Overlay
S ecial
Fund Contribution will be
From Street Reconst
shown in the
M.S.A.'
2016 and
Other
Cq
Reimb.
272,773
9,425
20,726
11,385 .
later budgets
Invest
Earnings
55,419
47,107
23,159
3,815
13,771
as
Property
Tax revenue.
Driveway Retired
Ongoing Maintenance Projects
& Sewer Debt
Special M.S.A. Special
Assmt. Maint. Aid Assmt.
Shifted from PIR Fund
Ending
Patch
Mill & Overlay
Sidewalk
Retaining
Mill &
Fund
Balance
Year' Contrib.1 PIR Fd 1 Tax Lew Assmt.
2010' 65,3001 53,460
Ph 1 - 3
Phase
36th Ave
36th Ave
36th Ave
1
2
3
4
_
5
_
6
7
8
9
10
11 j
Costs
752,012
41,862
84
79
982,906
1,270,000
1,365,000
903,000
760,000
1,659,955
1,017,159
1,635,684
_
1,652,965
2,367,920
1,297,586
Repairs
Walls
Overlays
8,738
7,025
45,626
22,092
_40,000
20,000
_1,989,992
1,908,638
1,872,925
1,854,710
2011 -16-7-,2-5-01 34,992
2012 69,300 37,387
2013 71,400 45,904
Z014' _72,800 304,015
2015 74,300 114,763
_.
2016 101,307' 59,000, 104,131
2017 104,346 60,770' 250,000 94,192
2018 107,477 62,5931 250,000 84,902
1,251,683
1,413,263
0 12,517
12,000
6,764 21,199
76,000
1,597,664
62,533 31,953
12,360
12,731
13,113
13,506
13,911
14,329
14,758
15,201
15,657
12,000
12,720
78,280
80,628
83,047
85,539
88,105
90,748
93,470
96,275
9,163
828,818
441,714
347,310 100,000 114,260
304,233 100,000 _ 93,993
259,531 100,000 46,329
227,038 100,000
180,327 100,000
155,817 100,000
126,436 100,0001
97,974 100,000
_ 73,263 100,000
61,439 100,000
528,000 17,563
101,626 14,588
335,369 0
398,046. 10,318
351,081 100,634
64,368 8,319
14,431
230,706 11,652
350,644 108,877
298,482 56,712r
11,928
170,996 79,420
547,948 129,041
17,749
40,650
620,142 117,329
499,250 22,528
351,641 96,347.
29,899
373,056 33,114
280,955 71,429
9,134
i- 37,632
16,399
20,720
13,251
1,821
33,268
65,387
74,465
92,321
107,830
78,789
74,132
55,401
74,712
51,395
18,670
38,119
27,236
22,451
15,781
9,287
47,380
37,568
1,763
8,688
17,487
2019 110,701 64,471 250,000 76,216
2020 114,022 66,405 68,088
2021 117,443 68,397 60,464
2022 120,966 70,44_9 53,275
2023 124,595 72,5631 46,396
_2624 128,333 74,739, 3.8,284
2025 132,183 76,982 6,717
60,688
1,108,917
2,179,578
13,483
14,292
15,1501
16,059
17,022
2,482,154
3,077,377
3,594,337
i
2,626,298
2026 136,148 79,291 0
2027 140,233 81,670 300,000 Q
2028 144,440 84,120 300,000 0
2029 148,773 86,643 300,000 0
2030 153,236 89,243 300,000 0
2031 15_7,833 91,920 400,000 0
2032' 162,568 ' _94,678 640,000 0
2033 167,445 97,518 800,0_00, 0
2034 172,468 100,444 1,000,000?, lJ
2035 177,642 103,457 1,000,000 0
2036 182,972 106,561 1,000,000 0
2037 188,461 109,757 1,000,000 0
2038 194,1151 113,050 500,000, 0
2039 199,938 116,442 0
2040 205,936 119,935 0
2041 212,114 123,533 0
16,127
16,611
102,138
105,202
2,471,061
1,846,709
2,490,394
17,109
108,358
111,609
114,957
118,406
17,622
1,713,159
622,348
1,270,645
39,354 100,000
17,269 100,000
18,151
18,044
18,696
19,256,
0 100,000
121,958
907,860
100,000
12 1,924,580
z3 1,989,659
E4 1,886,762
15 1,993,643
16 2,322,012
19,834
20,429
21,042
21,673
22,324
22,993
23,683
24,394
25,1251
19,126
20,274
21,490
22,78_0
24,1461
125,616
129,385
133,266
137,264
141,382
145,624
748,373
100,000
526,042
100,000
100,000
309,566
1,579,347
1,252,277
58,764
100,000
100,000
100,000
100,000
100,000
149,993
289,586
582,891
154,492
159,127
844,025
6,425,921
2,274,629
8,290,000
1,223,187
1,889,991
2,200,000 254,581
5,502,312
1,444,589
1,878,826
143,481
25,822,8671
753,348
226,586
2,930,031
DRAFT
3-7-16
CITY OF CRYSTAL
ORDINANCE #2016 -
AN ORDINANCE AMENDING CHAPTERS 3 AND 5
OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter III, Section 305 of the Crystal city code is hereby deleted and replaced
with the double underlined material as follows:
Section 305 — Commissions and Boards
305.01. Commissions and boards. The city council may establish such commissions and boards
as it determines are needed to assist it in conducting the business of the city. Commissions and
boards shall be created and shall conduct themselves in accordance with the following.
305.03. Charter authority. Section 2.02 of the charter of the city of Crystal authorizes the city
council to create such advisory commissions and boards, as it deems necessary. The
commissions and boards created by ordinance are created pursuant to that authority, this code,
and applicable state law.
305.05. Advisory nature. Except as otherwise provided by law or charter, the commissions and
boards created under this section are advisory to the council and to the city manager. but the
commissions and boards have no other official status or independent authority other than to
provide investigative or quasi-judicial functions on behalf of the city council. Commissions and
boards are not authorized to enter into contracts.
305.07. Compensation. Unless otherwise provided by law or charter, members of commissions
or boards serve without compensation, but may be reimbursed for actual and necessary expenses
if funds for that purpose are identified in the adopted city budget and city council authorizes the
reimbursement of expenses when establishing the commission or board.
305.09. Open meetings. Meetings of commissions or boards are open to the public and all
commissions or boards must comply with all applicable open meeting laws.
305.11. Creation. The city council may create a commission or board by adopting an ordinance
that establishes the commission or board. The establishment ordinance shall, at a minimum,
contain the following information:
The name of the commission or board.
The pumose and duties of the commission or board.
The number of members and whether they are to be appointed at -large or by
472896v3 CR225-423
DRAFT
3-7-16
geography.
The terms for the commission or board members, including the length of terms, when
terms begin, whether terms will be staggered, whether members may serve
concurrently on other commissions or boards, and whether there are term limits.
Whether the commission or board will have a council liaison. a staff liaison. or a staff
secretary.
305.13 Commission or Board Membership.
Subdivision 1. Appointment. Members of commissions or boards are appointedby the
city council.
Subd. 2. Removal. Members of commissions or boards maybe removed from office by
a majority vote of the city council.
Subd. 3. Applications and interviews. The city council shall establish, by resolution, a
process for accepting applications and interviewing applicants to commissions and
boards. The process must allow for interviews at least once annually for any open
positions. All open positions must be advertised on the city's website and at city hall for
at least 45 days prior to the application deadline. The application and interview process
shall be posted on the city's website and made available at city hall.
Subd. 4. Vacancies. A vacancy is created when a commission or board member resigns
or is removed from office. Vacancies may be filled at the discretion of the city council
following the same process to make the initial appointment. Members appointed to fill a
vacant position are appointed to serve the remainder of the unexpired term.
Subd. 5. Reappointment. Members of commissions or boards seeking reappointment
shall go through the regular application and interview process to be eligible for
reappointment.
305.15 Organization and governance.
Subdivision 1. Bylaws. The city council shall approve bylaws for all commissions and
boards and such bylaws may not be amended except by approval of the city council. At
a minimum, the bylaws shall provide for the election from its membership of a
chairperson, vice -chairperson, and such other officers as are deemed necessary. The
term of office for each officer is one year, and no officer may serve for more than two
consecutive years in the same position. The bylaws must specify the month of the
election of officers, duties of the officers, number of members to constitute a quorum,
the order of business, attendance requirements, and other matters necessary for the
conduct of the business of the commission or board. Each commission or board may
propose changes to its bylaws to the city council for review and approval. The city
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council may also initiate and approve amendments to the bylaws of any commission or
board.
Subd. 2. Meeting governance. The procedure at meetings is governed by the bylaws of
the commission or board and the requirements of the open meeting law.
Subd. 3. Meeting Schedule. Each commission or board must adopt a regular meeting
schedule for the next year by no later than the last regular meeting of each calendaryear.
The schedule of meetings for all commissions and boards must be posted on the city's
website and at city hall.
Subd. 4. Minutes. The secretary of a commission or board shall keep the minutes of its
meetings, unless the city council has provided for a staff secretary in the establishment
ordinance. The secretary shall also perform the clerical duties of the commission or
board as needed. The secretary shall transmit meeting minutes to the city clerk, who
must furnish copies to each member of the particular commission or board, the mayor,
and city council members. The minutes shall include a copy of all resolutions and other
actions of the commission or board. These records shall be maintained by the city clerk
in accordance with the Minnesota Government Data Practices Act and the city's records
retention schedule.
Subd. 5. Reports. Commissions or boards must annually make a report to the city
council which summarizes their activities, findings and recommendations. The report
must be submitted to the city clerk prior to August 1 each year. Other reports, findings.
and recommendations must be made and submitted from time to time to the city council
as may be requested by the city council. Commissions or boards that regularly submit
recommendations to the city council are not required to summarize each
recommendation as part of their annual report.
305.17 Task forces. The city council may establish such task forces as it determines are needed
to assist it to address a particular item of city business. Task forces shall be established and shall
conduct themselves in accordance with the following.
305.19 Creation. The city council may establish task forces by resolution as it determines is
appropriate to study and advise the city council on specific matters of limited scope. The
resolution creating a task force must set forth the number of members, the specific issue or issues
the task force is to study and advise, and the date by which the task force will be dissolved. The
city council may, by resolution, extend the date of dissolution or alter the scope of the matters
being reviewed by a task force. The requirements associated with the establishment and
administration of commissions and boards shall not apply to task forces, except as hereinafter
provided.
305.21 Appointment. The number of members of a task force and the process by which a
member of a task force is appointed will be left to the discretion of the city council. Those
appointed to serve on task forces serve at the will of the city council and may be removed by
vote of the city council.
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305.23 Advisory nature. Task forces are advisory to the city council and to the city manager,
and have no other official status or independent authority other than to gather, discuss, and make
recommendations to the city council.
305.25 Open meetings. Meetings of task forces are open to the public and members must
comply with all applicable open meeting laws.
ARTICLE Il. Chapter III of the Crystal city code is hereby amended by adding the double
underlined material as a new Section 307 as follows:
Board of Appeals and Adjustments
307.01. Board of appeals and adjustments. Pursuant to Minnesota Statutes, section 462.354, a
board of appeals and adjustments (`Board") is hereby created and continued. The city's
planning commission shall serve as the Board for the city. Pursuant to Minnesota Statutes,
section 462.354. subdivision 2, the decisions of the Board are advisory to the city council.
307.03 Duties of the board. The Board shall have the following duties:
a) The Board hears and makes recommendations with respect to appeals from any
order, decision, or determination made by an administrative officer in the
enforcement of the zoning code.
b) The Board hears requests for variances from literal provisions of the zoning code
in accordance with the provisions of Minnesota Statutes. section 462.357.
c) The Board hears appeals from the denial of a building permit for structures within
the limits of a mapped street pursuant to Minnesota Statutes. section 462.359.
307.05 Rules: records. The Board may adopt rules governing its procedure. The Board must
provide for a record of its proceedings, including minutes of its meetings, its findings. and its
recommendations.
307.07 Appeals. No appeal may be heard by the Board unless a statement of appeal is provided
to the city within 14 days of the order, decision, or determination being appealed. The statement
must explain the basis for the appeal, the legal support for appellant's position, and the specific
relief being sought.
307.09 Hearings. At least ten days' published notice shall be provided prior to any public
hearing held by the board on a variance or an appeal. The city shall also mail notice to the
person seeking the variance or appeal at least ten days prior to the hearing. The notice isgiven
by mailing to applicant at the applicant's last known address. At the conclusion of the hearing,
the board shall forward its recommendation to the city council for a final decision.
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ARTICLE III. Chapter III, Section 311 of the Crystal city code is hereby amended by deleting
the sei3 material and adding the double underlined material as follows:
Section 311 -Background Investigations
(Added, Ord. No. 96-3)
311.01. Computerized criminal history background check. Subdivision 1. Requirements. The
police department is authorized to conduct a Minnesota Computerized Criminal History
background investigation (a "CCH Investigation") on applicants for positions with the city, and
applicants for identified city licenses and permits, as provided by this section and Minnesota
Statutes. section 299C.72. The CCH Investigation shall be performed pursuant to the
requirements of the Minnesota Bureau of Criminal Apprehension for non -criminal justice
purposes, as those guidelines may be amended, which are on file with the city clerk and the chief
of police. (Amended, Ord. No. 2007-11, Sec. 1)
Subd. 2. Job or volunteer CCH investigation. This section applies only to applicants who
are finalists for paid or volunteer positions with the city, where the city manager has determined
that conviction of a crime may relate directly to the position sought because of the nature of the
position or the level of interaction with vulnerable members of the Dublic. The police department
may not perform a CCH Investigation unless the applicant consents in writing to the
investigation and to the release of the investigation information to the city manager and other
city staff as may be appropriate, unless authorized by law. An applicant's failure to provide
consent may disqualify the applicant for the position sought. If the city manager rejects the
applicant's application due, solely or in part, to the applicant's prior conviction of a crime, subject
to the exception set forth in Minnesota Statutes, section 364.09, as amended, the city manager
must notify the applicant in writing of the following: (Amended, Ord. No. 2007-11, Sec. 1)
a) the grounds and reasons for the rejection;
b) the applicable complaint and grievance procedure set forth in Minnesota
Statutes, section 364.06, as amended; (Amended, Ord. No. 2007-11, Sec.
1)
C) The earliest date the applicant may reapply for employment; and
d) that all competent evidence of rehabilitation will be considered upon
reapplication.
Subd. 3. CCH investigation for approval or denial of a license or permit. The police
department is authorized to conduct a CCH Investigation to assist in determining the factual
basis for the approval or denial of a city license or permit where the health, safety or welfare of
the public is a concern based on the activity regulated and subject to the license or permit. A
CCH Investigation is required for the applicant for a license or permit under the following
ordinance sections, as amended: 1160.11; 1175.17; 1177.07; 1185.03; 1190.11; 1195.15;
1200.09; 1215.11. (Added, Ord. No. 2007-11, Sec. 2)
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ARTICLE IV. Chapter I1I, Section 315 of the Crystal city code is hereby deleted in its entirety
and replaced with the double underlined material as follows:
Section 315 - Employee Review Board
315.01. Board established. The employee review board ("Board") is established and continued.
The Board has the powers and duties set out in this section. The Board is established pursuant to
sections 2.02 and 6.07 of the charter and section 305 of the city code.
315.03. Definitions. Subdivision 1. For purposes of this section, the terms defined in this
subsection have the meanings given them.
Subd. 2. "Appendix V" means the rules and regulations adopted by section 310 of this
code.
Subd. 3. 'Board" means the employee review board.
Subd. 4. "Grievance" means a dispute or disagreement as to the interpretation or
application of any term or terms of Appendix V.
Subd. 5. "Employee" means a city employee other than the city managerthe assistant
city manager, or a department head. The term does not include an employee who is a
member of a certified appropriate bargaining unit that has entered into a collective
bargaining agreement with an employee organization pursuant to Minnesota Statutes
chapter 179A.
315.05. Board: membership. Subdivision 1. Appointment. The Board consists of three regular
members and two alternate members. Members are appointed by the city council from a list of
names recommended by the city manager.
Subd. 2. Terms. Members of the Board serve for a term of threeyears and until their
respective successors are appointed and qualify for office. The terms of members are
staggered so only one member is appointed each year. One or more alternate members
may be appointed for three-year terms. The term of a member expires on December 31
of the final year of a term. Vacancies on the Board are filled for the unexpired term in
the same manner as original appointments are made. Members may be appointed for
consecutive terms.
Subd. 3. Qualifications. Members of the Board must be residents of the city. In
making appointment, the manager and city council must give consideration to persons
who are knowledgeable and experienced in the field of dispute resolution. including
arbitration and mediation. An officer or employee of the city may not be appointed to
the Board or otherwise serve on the Board. A member of the Board may apply and be
appointed to any other board or commission at the discretion of the city council without
such appointment creating a vacancy on the Board. A person who has been an elected
officer or employee of the city may not be appointed to the Board until one year has
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elapsed since termination of that service or employment.
315.07. Organization: meetings. The Board must adopt bylaws governing the conduct of its
meetings, specifying its officers, and setting its meeting schedule. The bylaws of the Board are
not effective until approved by the city council.
315.09. Council Liaison. The Board shall have one liaison from the city council that attends its
meetings and reports back to the city council. The liaison is not an official member of the Board
and may not vote on its issues.
315.11. Staffing: financing. The city manager must provide appropriate staff support including
legal assistance to the Board from existing city personnel. Members of the Board serve without
compensation, but may be reimbursed for actual and necessary expenses in accordance with
normal city policy regarding such reimbursement for other boards and commissions of the city.
315.13. Grievances; procedures. Subdivision 1. Submission. An employee may submit a
grievance to the Board subject to the provisions of this subsection.
Subd. 2. Exhaustion of remedies. An employee may not submit a grievance to the Board
until the steps of the grievance procedure established by A endix V have been completed and
pp
within ten days of that completion. The grievance procedure provided in Appendix V is
complete on the date that the city manager gives written notice of the city manager's final
determination of the grievance. The Board must provide in its bylaws for the form and details of
a grievance submission.
Subd. 3. Review; discretion. The Board must promptly review the grievance
submission. The Board may decline to review a grievance. The Board's decision not to review a
grievance is final.
Subd. 4. Hearing. If the Board decides to review a grievance, it may conduct one or
more hearings on the matter in the manner set forth in its bylaws. The bylaws must provide for
written notice of its hearings to the city manager and the employee. The city manager must
supply the Board with information reasonably requested by the Board. The employee maybe
represented by counsel at a hearing. If the manager's final determination of the grievance is not
confirmed by the Board, the reasonable costs, including attorney's fees, incurred by the employee
in the proceedings must be paid by the city. If the manager's final determination of the grievance
is confirmed by the Board, the employee's costs, including attorneys' fees, will not be paid by the
city.
Subd. 5. Decisions. Upon completion of hearings on a grievance. the Board must issue a
written order stating its decision, the reasons for the decision, and the findings on which the
decision is based. The order may confirm the decision of the city manager or modify it in any
respect. The Board must send a copv of the order to the emnlovee and to the citv manager. The
decision of the Board is final.
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315.15. Information: publication. The city manager is directed to take appropriate stens to fully
inform employees of the existence and functions of the Board. A notice describing the board and
its functions must be continually posted in conspicuous places in the workplace.
ARTICLE V. Chapter III, Section 310 of the Crystal city code is amended by deleting the
following language:
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ARTICLE VI. The following portions of Chapter III, Section 320 of the Crystal city code are
hereby amended by deleting the seri material and adding the double underlined material as
follows:
Section 320 - Crystal -New Hope
west metro fire -rescue district
(Added, Ord. No. 2000-07)
320.01. Enabling legislation. Pursuant to Minnesota Statutes, section 471.59 and 1995
Minnesota Laws, chapter 262 (collectively, the "Act"), the city of Crystal has entered into a joint
and cooperative agreement ("Agreement") with the city of New Hope that establishes a joint fire
district.
320.03. West metro fire -rescue district codified. Pursuant to the Act and Agreement, the west
metro fire -rescue district ("District") is hereby coed reaffirmed and shall continue to serve as
the city's fire department. The Agreement establishing the District was originally established b
a joint and eeeper-ativ - I between the eities of Crystal and New Hope. This Agreement
was acted upon and approved by the New Hope and Crystal city councils in Crystal resolution
numbers 97-120 and 98-12 and New Hope resolution numbers 97-139 and 97-172. The effective
date for operation of the District per the Agreement i -s was July 6, 1998.
320.05. Pun2ose. The general purpose of the District is to ereateopgrate a joint fire department
that serves both Crystal and New Hope. Article 11 of the Act further provides for the
consolidation of the fire relief associations of the respective fire departments in New Hope and
Crystal. The creation of the west metro fire -rescue district is intended to deliver to each city
effective and economical fire suppression services.
320.07. Fire department. The District is authorized pursuant to the Agreement to exercise the
delegated powers as needed to provide emergency services within the city as its fire department.
including serving as the city's fire marshal. Ma*
or areas of involvement of the District are fire
suppression, emergency medical support, fire prevention through code enforcement and public
education, hazardous materials release response and specialized heavy rescue. The management.
budgeting, and operations of the District shall be as provided in the Agreement.
8
4728960 CR225-423
ARTICLE VI. The following portions of Chapter III, Section 320 of the Crystal city code are
hereby amended by deleting the seri material and adding the double underlined material as
follows:
Section 320 - Crystal -New Hope
west metro fire -rescue district
(Added, Ord. No. 2000-07)
320.01. Enabling legislation. Pursuant to Minnesota Statutes, section 471.59 and 1995
Minnesota Laws, chapter 262 (collectively, the "Act"), the city of Crystal has entered into a joint
and cooperative agreement ("Agreement") with the city of New Hope that establishes a joint fire
district.
320.03. West metro fire -rescue district codified. Pursuant to the Act and Agreement, the west
metro fire -rescue district ("District") is hereby coed reaffirmed and shall continue to serve as
the city's fire department. The Agreement establishing the District was originally established b
a joint and eeeper-ativ - I between the eities of Crystal and New Hope. This Agreement
was acted upon and approved by the New Hope and Crystal city councils in Crystal resolution
numbers 97-120 and 98-12 and New Hope resolution numbers 97-139 and 97-172. The effective
date for operation of the District per the Agreement i -s was July 6, 1998.
320.05. Pun2ose. The general purpose of the District is to ereateopgrate a joint fire department
that serves both Crystal and New Hope. Article 11 of the Act further provides for the
consolidation of the fire relief associations of the respective fire departments in New Hope and
Crystal. The creation of the west metro fire -rescue district is intended to deliver to each city
effective and economical fire suppression services.
320.07. Fire department. The District is authorized pursuant to the Agreement to exercise the
delegated powers as needed to provide emergency services within the city as its fire department.
including serving as the city's fire marshal. Ma*
or areas of involvement of the District are fire
suppression, emergency medical support, fire prevention through code enforcement and public
education, hazardous materials release response and specialized heavy rescue. The management.
budgeting, and operations of the District shall be as provided in the Agreement.
8
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320.09. Amendment or dissolution of district. Amendments to the Agreement or dissolution
of the District a -r -e shall be governed by A .4�e the Agreement. Def AAiel the Dis4ic�
dissolution adopted by eaeh eity eouneil. The Agreement may be amended by identical
resolutions adopted by each city council. An amendment is effective when it is filed together
with the authorizing resolutions with the fire chief.
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ARTICLE VII. Chapter III, Sections 321 of the Crystal city code is hereby deleted in its
entirety.
[to be inserted]
ARTICLE VIII. The following portions of Chapter III, Section 325.03 of the Crystal city code
are hereby amended by deleting the s4ei3 material and adding the double underlined material
as follows:
325.03. Method of disposition. Subdivision 1. The City Manager shall take all reasonable stens
to determine the owner of the unclaimed property prior to its disposal.
Subdivision. 2. Property that has come into the possession of the city and has remained
unclaimed by its owner for a period of 60 days or more shall be disposed of by the city
by sale to the highest bidder at public auction. The public auction shall be conducted
under the direction of the city manager, following published notice in the official
newspaper at least ten days in advance of the sale. The published notice shall state the
place and time of such sale, and shall contain a general description of the property to be
sold. In lieu of a public auction, any of the unclaimed property may be appropriated to
the city for its use upon approval of the appropriation by the city council. In the event
that any unclaimed property that is put up for sale at the auction and is not sold, the city
manager shall submit a report to the city council advising the city council of the items
unsold. The city council shall then make a disposition of the unsold items as it deems
in the best interest of the city., ineluding, b iA not limited to, delivering the items to an
Subdivision. -23. Notwithstanding any other procedural requirement of this section,
once the property described in subdivision 4-2 above has remained unclaimed by its
owner for a period of 60 days or more, the city may contract to dispose of such
unclaimed property using an electronic selling process in which purchasers compete to
make offers to purchase the surplus property at the highest price in an open and
interactive environment. (Added, Ord. 2007-07, Sec. 1)
ARTICLE IX. The following portions of Chapter III, Section 330 of the Crystal city code are
hereby amended by deleting the strielen material and adding the double underlined material as
follows:
330.01. Special assessments; partial payment. Subdivision 1. Authority. This section is
enacted pursuant to Minnesota Statutes, section 429.061, subdivision 3.
Subd. 2. Procedure. During the 30 -day period following the adoption by the city
council of the assessment roll in a local improvement proceeding conducted under
Minnesota Statutes, chapter 429, but prior to the certification of the assessment to the
taxpayer services division manager, the owner of property specially assessed in the
proceeding may pay to the finance director, without i1�t interest, any portion of the
special assessment not less than $100. The remaining balance of the special assessment
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is to be then spread over the period of time and at the interest rate established by the
council for the installment payment of the special assessment.
335.01. Deferment of assessments. Subdivision 1. Authority. This section is enacted pursuant
to Minnesota Statutes, sections 435.193 to 435.195, as amended.
Subd. 2. Standard for deferment. At its discretion, the city may defer the payment of a
special assessment levied for a public improvement, if all of the following conditions
applicable to the respective deferment category are present:
a) the property is one acre or less and is homestead property of the owner;
b) the owner is:
1) 65 years of age or older, or
2) totally and permanently disabled with income which does not exceed the
limits in subdivision 3 a); or
3) a person who is a member of the Minnesota National Guard or other military
reserves who is ordered into active military service, as defined in Minnesota
Statutes, section 190.05, subdivision 5b or 5c, as amended, as stated in the
person's military orders;
4) for all deferment categories stated above in subdivisions 2 b) 1) — 3), payment
of the assessment would be a hardship for the property owner.
Subd. 3. Hardship based on income and military service defined.
a) A hardship exists under subdivision 2 b) 2) for a deferment when the owner's gross
income is at or below the low income standards, adjusted for family size, applicable
in the year of application under the federal section 8 program, as determined by the
regulations of the United States Department of Housing and Urban Development.
b) A hardship exists under subdivision 2 b) 3) for a military service deferment when
there is a difficulty for the owner/service member in making the payments when
due as a result of being called into active military service. The difficulty may
include but not be limited to financial difficulties for the service member or the
member's family while the member is on active duty or training for active duty,
priority of requirements of military duty, problems with transacting financial
matters from a military station for the service member or for the member's family
while the member is at a military station, or a combination of these or other
difficulties which make timely payment of the special assessment more difficult.
The owner/service member on active duty shall provide the city with copies of
orders evidencing the commencement and termination of the active duty status in
order to be eligible for the deferment.
335.03. Administration of deferment program. Subdivision 1. Application. An application for
a deferment must:
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a) be submitted to the city by November 15;
b) include information and any supplementary documentation necessary to establish
and verify the following:
1) the legal description and property identification number;
2) the street address;
3) that the property is homestead property of one acre or less;
4) the description of the improvement;
5) the name of the homestead owner -occupant;
6) that the property owner either is (i) 65 years of age or older, or (ii) retired
because of permanent and total disability as defined in section 335.01,
subdivision 2; and
7) that paying the special assessment on the ordinary schedule constitutes a
hardship as defined in this section.
Subd. 2. Interest accrual. Simple interest at the rate specified for the special assessment for the
local improvement will accrue for the term of the assessment on any principal of the special
assessment that is deferred.
335.05. Termination of deferment. The option to defer the payment of special assessments will
terminate and all amounts accumulated, plus applicable interest, will become due upon the
occurrence of any of the following events:
a) the death of the owner, provided that the spouse is otherwise not eligible for the
benefits;
b) the sale, transfer or subdivision of the property or any part thereof;
c) if the property should for any reason lose its homestead status;
d) if the financial or disability status of the owner should change to the extent that the
owner would no longer qualify for the deferment under this section; or
e) in the case of a military service deferment under subdivision 2 b) 3), the deferment
shall terminate 90 days after the release of the service member from active duty.
335.07 Deferral for Other Assessments. Assessments certified against a property for payment of
a fee or charge for a service provided to the property owner and not related to a public
improvement project may be deferred in the same manner as expressed in this section.
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ARTICLE X. Chapter V, Section 500.01 of the Crystal city code is hereby deleted and replaced
with the double underlined material as follows:
Section 500 — Planning Commission
500.01. Planning commission. Subdivision 1. Policy and duties. The planning commission has
those powers and duties assigned to it by Minnesota Statutes, sections 462.351 to 462.364, (the
Municipal Planning Act) and by this code. The planning commission is designated the planning
agency of the city in accordance with Minnesota Statutes, section 462.354. ^
500.03 Membership. The planning commission consists of nine members. Two members are
appointed from each of the four wards of the city and one member is appointed at large.
Commissioners may serve on one additional city board or commission in addition to the planning
commission.
500.05 Terms. Commissioners serve two-year terms. One "class one" member from each ward
and the at -large member are appointed in odd -numbered years. One "class two" member from
each ward is appointed in odd -numbered years. There are no term limits. Terms of members
commence on March 1 of the year of appointment and run through February 28 of the year of
expiration.
500.07 Transition Plan. Upon adoption of this ordinance, all currently appointed commissioners
who wish to continue as commissioners will be deemed appointed. The most senior member of
the commission from each ward will become class two members, and the remaining members
will become class one members. Ties will be settled by drawing of lots.
500.09 Oath of office. Members of the planning commission must, before entering upon the
discharge of their duties, take an oath as prescribed by the city charter that they will faithfully
discharge the duties of their office.
500.11 Liaison. The planning commission shall have one liaison from the city council that
attends its meetings and reports back to the city council. The liaison is not an official member of
the planning commission and may not vote on planning commission issues.
500.13 Bylaws. The planning commission shall adopt bylaws consistent with Section 305.15.
500.15 Commission by Ordinance. The planning commission is established pursuant to Chap_ ter
III section 305 of the City -Code.
ARTICLE XI. The city's boards and commissions, except the planning commission, the board
of appeals and adjustments, and the employee review board, existing on the date of this
ordinance shall expire and be dissolved effective on January 1, 2017 unless re-established by the
city council prior to that date.
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ARTICLE XII. This ordinance is effective upon adoption and 30 days after publication.
First Reading: , 2016
Second Reading: , 2016
Council Adoption: , 2016
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
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