2016.04.05 Work Session Packet (1st)4141 Douglas Drive North • Crystal, Minnesota 55422-1696
CITY of Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CRYSTAL
Posted: April 1, 2016
CRYSTAL CITY COUNCIL
FIRST WORK SESSION AGENDA
Tuesday, April 5, 2016
6:20 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 first work session of the Crystal City Council was held at p.m. on Tuesday,
April 5, 2016 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
Adams Norris
Dahl Therres
Deshler Ray
Kolb Sutter
Libby Revering
Parsons Gilchrist
Peak
Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Bassett Creek Regional Trail cooperative agreement
2. Continue discussion on proposed amendments to Chapter 3 of the City Code based on
recommendations from City Code Review Task Force
3. Blue Line update*
* 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: April 5, 2016
TO: City Council
FROM: John Sutter, Community Development Director
Mark Ray, PE, Public Works Director
SUBJECT: Bassett Creek Regional Trail project update by Three Rivers Park District
Background
As part of the Bassett Creek Regional Trail project, the City and Three Rivers need to enter into
a cooperative agreement. The agreement spells out roles and responsibilities related to the trail
including easements, design and construction, and use and operation.
Three Rivers Park District staff will be available at the work session to provide Council with an
update on the project and answer any Council questions about the project or agreement.
CUfMemorandum
ALL
DATE: March 31, 2016
TO: Mayor and City Council
FROM: Anne Norris, City Manager
SUBJECT: Amendments to Chapter 3 of City Code
At its March 10 work session, the City Council received and reviewed proposed
changes to Chapter 3 of the City Code based on City Code Review Task Force
recommendations. Based on the discussion at that work session, City Attorney Troy
Gilchrist has suggested additional revisions to Chapter 3. Attached are the draft of the
ordinance with the additional edits and an updated redline copy of the changes. City
Attorney Gilchrist will be at the April 5 work session to review the latest changes to
Chapter 3.
Attach:
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CITY OF CRYSTAL
ORDINANCE 92016 -
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:
305.01. Commissions and boards The city coungi my 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 followi the
city's planning commission and board of appeals and adjustments are provided for in sections
500 and 503.
305.3Charter authority. Section,.2,02 of the charter of the cityof Crystal authorizes t a ci
council to create such advisory co missions a d boards as it deems necessary. The
commissions and boards created by or inance are created pursuant to that authority, this cow
and applicable state law.
305.05. Advisory nature Except as otherwis provided y law or charter, the commissions and
boards created under this section are advisory to the -council- an 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.
OS 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 jtdopted city budget and city council authorizes the
reimbursement of expenses when establishing the commission or board.
305 09 Open meetings Meetings of commiss'ons or boards are open to the public and all
commissions or boards must comply with all applicable open meeting laws -
305.11. 11 Creation The city council may create a commission or board by adopting an ordinance
that establishes the commission or board The establish_ men_t__o_rdinance shall, at a minimum
contain the following information:
1, The .name of the commission or board.
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2. The purpose and duties of the commission or board.
3, The number of members and whether they are to be appointed at-tggQ—ox-by
4. 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 rrdl air ortlr_�iis i rr .ar_to, rd a ire t_crq _limits.
S. ether t e commission or board will have a council liaison a staff liaison or a staff
secrctary_
317 .13. Commission or Bnar[l NIcjnb=hjI2. Subdivision ro 1. Aapc itigncnt, bs of
commissions or boards are appointed by the city council
Subd 2 Qualifications Members of commissions or boards must be residents of the
city and be at least 15 years old. The city council may establish additional qualifications forthe
prj icular commissions orb ards in the ordinance it adopts to establish the commission or board.
Subd 3 Removal Members of commissions or boards m_ av be -removed from office by
a majority vote of the cit council.
ubd 4 Applications and interviews, The city council shall establish by resolution, a
process for accepting applications and intervjewing 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.&adline, The application and interview process shall be posted on the city's website
and made available at city hall.
Subd 5 Vaca cies 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
IU same process to make the initial appointment Members appointed to fill a vacant position
are appointed to serve the remainder of the unexpired term
ubb 1. 6. Reappoji tment. embers o1"cc mrr,issions-or boards see -in reappointment
shall go through the regular application and interview process to be eligible for reaul)ointment.
305.15. Org nization and governance. Subdivision 1. Bylaws. The city council shall approve
bylaws for atkummissions and beards end Bch by1.13ws rrlav gut b��mcllded excepty app rival
of the citycout7eit—Atiuninimum., the bylavvs shall providg r r the election from its i ero�bershit
of a ehairp sc n vice-chai rspn, and s�WI otlier officers as are deem �l iwc IY• T1ie iem of
office for each officer is ne year, and no officer may 3e for more than two consecutive year
in elle same pusj i,Qn, The bylaws roust sga��&.11ic ingath of the election g[officers, duties of the
officers number of l7e order ni' bustnc s ttc.ad=
[ uirernenI& and oth r matters necessary for the con Llsiness of tlie..egmrnission
bor±i, ach commissions brl es�av r� ata se cl�ate,s tc� jts bvlays to oily csitilyr
2
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review and approval. The city 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-commissio-nor 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 calendar year. The
:schedule of meetings for all commissions and boards must be posted on the city's website and at
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 s aff ecretary in the establishment
ordinance. The secretary shall also perform the clerical ies_ t e commission or board as
needed. The secretary shall transmit meeting minutes to the city-lerk, mj o -must furnish copies
to each member of the particular commission or boards, the mayor, and city councilmembers.
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 b made an ubmitted from time to time to the city council as may be
requested by the city council ommissions or boards that regularly submit recommendations to
the city council are not reauired to summarize each. recommemdatio-as-nar_t_of their annual
report,
305.17. Taskforces. The city council may establish such task forces as it djetermin_es armneeded
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 nd advise the city council on specific matters of limitQd scope. The
resolution creating a task force must set forth the number of members, the specific issue or issues
he task force is to study and advisg,. 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 _boax_ds shallnoA-apnlv-to task forces, except as hereinafter
30 5,21, Appointment. The number of members of a task force and the process by which
member of a task force is appointed will be left to the discretion of the city cg 0
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_ofiicial status or independent authority, other than to gather, discuss. and make
,recommendations to the city council.
305.25. Oven mg ina Meetings of task fares are operi t-QL tktiepAblic and members must
comply with all applicable open meeting laws
ARTICLE II. Chapter III, Section 311 of the Crystal city code is hereby amended by deleting
the stricken material and adding the double 11ndgline-d 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 all 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;".'_`:ere the. ei'y aan, F-, n _d
-po44e 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
4
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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: 660.1-1; 1160.11; 1175.17; 1177.07; 1185.03; 1190.11; 1195.15;
1200.09; 1215.11. (Added, Ord. No. 2007-11, Sec. 2)
ARTICLE III. Chapter IIl, 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 anal duties set out in this section The Board is establishes pumant to
sections 2 0Z and 6,07 of the charter and section 305 of the city code.
315.03. Definitions Subdivision 1 For purtzoses of this section the terms defined in this
subsection have the meanings given them.
M
Subd 2 "Appendix V" means the rules and regulations adopted by section 310 of this
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.
Sub 5 "Employee" means a city employee other than the city manager tLQ assistant
cit) manager, or a department head. The term does not include an employee whQis a member
of a certified anpruria e baiga'ning unit that has entered into a collective bargaining agreement
with an employee organizatton,.12ursuanjo Minnesota Statutes, chapter 179A.
315.05. Board, membership Subdivision 1 Appointment The Board consists of three regular
members and two alternate 1ic1t7brs,v1mers are anorintcd by ilio r;itu ccul.�c.il i1�et�rilailc
with the nrocedures established as provided in &sd_ojL305 13 from a list of names
recommended by the city manager"
ubdl 2 Terms Members of the Board serve for a term of three years and until their
i i] I ve successt�rs are az p irateci a�!d cluaIify f -o cif i_cc . The tcniis rternbers are staggered
so only one member is appointed each year. One or more alternate members may be appointed
(Q0111Lq-Fear terms. The terra of a member expires on D�eceiii -er 31_afthe final year of a term.
Vacancies on the Board are filled for the unexpired term in the same manner as ori gia�a
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
nointi=L the marla.ger and city council trust give consideration tip pe.r plls Who -am 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
5
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serve on the Board. A member of the Board may aDDIv and be appointed to_anv other board o
ommission at the discretion of the city council without such appointment creating a vacancy on
t e Board A person who has been an elected officer or employee of the city may not be
appointed to the Board until one vear has elapsed since termination of that service_ or
etilplo men
315.07. Organizations 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
uQt 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 -=no
riback to the city council The liaison is not an official member of the Board
and may not vote on its issues.
15.1 1. Stafl•ing; finaneing. Tl e city_trl�a�agg.,must rc� r? � Yte staffsltl�t prt,i�td1 in
legal assistance to the Board frcrn existin _e ty perso«tiel. Members orthe Boa d serve without
9 tt t3s i tl, ul i cy be >reirr pursed fior actug.A .rr s a x> rises in accordance with.
t smal. tl-i ardinE such reimb> rrsernent lr r c €licr :[ at _nrLcm- missions e f the city.
315.13. Grievances Lprocedures Subdivision 1 Submission An employee may submit a
grievance to the Board subject to the provisions of this subsection.
Subd:, 2.E�G11,> tion of remedies. Arr �mt�lr�vice mat_pt.s�bti�L�l�rievaz�+�e tc� the Fte�ard
until the stens of the ��i��'�ngg procedure established by Appendix Y h__y been cozagletcd and
within - ten ds YS - than �npl� mon. The griev€enc�e progedure provided in el�dix js
�__. _ ..
complete (In LN datg tbAj tholy mang= gives written native of the city�nanucy-'s_f.tnal
determination ter the gV'ey nic ,. 'i!c Loard must provide in its bylaws for the form ate ajj5- �
a grievance submission.
Subd. 3. Review: diseri, Tj w-jkjard milst promptly review theric�va���
>< b.i� sim The Board tnsry decline to r vw. _gri ce. The Board's decisio�..������ via a
grievance -is final.
Subd. - . tl.earing. if the Board decides to r .vices a gricy C. it may conduct cine
more hearings cin tlae mgtte _iti_tor-
he manner set l 3_r to 11 _its L�ti ] rw5�. I`he_bylaws must provide Fcrr
rittCrl notice of jNAqaritx ty.. tlt t [tanager and the employeeT--hr—Thr Y_t ar?a�rrl
er tjst
sM y the Rgard with hifortmatio 1 r asoiab t the Board, The etxxoyee may be
represented by counsel at a hearing If the manager's Bial determination of the grievance is no
confirmed by tlae Board, the rc isornible_wsts, including attorney°s Le—g5 n tarr�.d by the enit�loy
in thQ ings must be paid by the city. Ifthe manager's final determination of the grievance
is-Qnnfirl ed_bytht' e Board. thattome .i g,s will noLbe paid bykhe
Subd 5 Decisions.. -Upon completion of hearings on a grievance the Board must issue a
written or er stating its decision, the reasons for the decision and the findings on whichthe
sfa+cisiptt ji-bascd. The c 1 lr: r nay - w t rm the dqgision of Mie 1: ll�anager or mod i in �riy
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respect The Boar must end a cony of the order to the employee and to the city manager, ThQ
decision of the Board is final
315.15. Information; publication The city manager is directed to take appropriate stens to full
inform eni&uccs o) tl e_cxistence nd f`in t c .ofthe Board. A noticedescribi��g the. board and
its functions must be continually posted in conspicuous Maces in the workplace
ARTICLE IV. Chapter III, Section 310 of the Crystal city code is amended by deleting the
following language:
11l 01 17 r4LYiY_4l' lii ..,as !he :..i r..-tzsa ..nrr.i&si`�... ,•.t.=.�+ g :..dina
"
` ❑ 0 22 ,�.,s� ., t-t'lYt ei!4:Y^ :.-I...:..: r,+..r.r:..... 1 ! h e e
hr.r..r...-..e 1Y.Y, n � inpnal-1--n-9— �. a perseRnel .le aFid rar.. rf nl�r�r T. the.
1
}�. Tn;."* be al.#rand etht +ai efs Z�
ARTICLE V. The following portions of Chapter III, Section 320 of the Crystal city code are
hereby amended by deleting the stricken 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. Artic.lc 11 of the Act 1'Wher 2 _sfOr-the consolidation of the fire rcli ��t�ciatiott;s
f the respective fire departments in New Hope and -Crystal.
320.03. West metro fire -rescue district codified. Pursuant to the Act and Agreement, the west
metro fire -rescue district ("District") is hereby wed reaffirmed and shall continue to serve as
he city's fire department. The District's fire department serves both the cities Crystal and New
Hope and royides eac:lti.city Mth e lec.tiye and r�cc ncarni� al 1 4e, .41I? ssicm services. -1-11c
Agreement establishing the District was ,.figir.°atl. e�itagi4ied-b�
r.ra ,.. b tw eeii rhe-c4tie . — flew He,r<� XFeeffieM 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.
J. � °riza r• ..:sl .Y..°i4AdoLL S Ota sx �rniv r.* yrs n�d3 rY •i "f1i'ri.�i'�l���r`1���
-.,d New Hoper iele -e- Lie
of the 14e ie ssaeiatien& af !he"er-e,
n...-... r f the west ey f.,r-e etiei.r•ir,c 'n d ie del r. f ie tx.Y.r.4,,44-yff- ,.+iye and
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320.05. Fire department. The District is authorizedpursuant 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— Maia 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. ^
320 ,07. . W eOrf dir-e7i(Af fs, TCIe Pi4'=;e9,..s,- ed . Rd eoiitF9i1W by a board r.f`.d4e.etert,
ae we
9hall
nieRibefs, - l having - en
Krystal, ex Li licio: 4 t1 y�-r a t f V w -1 pe, i ' ;5) ane ublie
ap*n(e,d by the Crystal
Ali r k fwl fey 1 ate 1 � 1- 13ist 9 t ar-erf #ham keg de mm.n ...': f
eeane i 1 S - a f -the
d :t, 0I".1 eM. Hope, 1-.w1, ••tel �—'aii��l�r}r1'rc '�cx"'r rr'rFrrv�@� {
-
Re
�#i
s1 5 -t ye aB, (iii) ene .ndire e serves a .e..,. af thFe e yea (. Y) .hefe, a all
e aiilt,ed-and--qua li r -A vaeeifre-y-in t� an than �ex e ffi-e:a:I: �e..— YS
a� ey -if., e .:a , nibeF eeice
Yr. 1�e n , -,+rs: ' ,Y.4.+aR-.1 ++ the oPfi �a�'r+l ia� to } E!'tt"k1� a e .,+
t�-�t-�ar`"� r�•z��rsCarF� �'s Y rrs���rCi�v�G''e
i_ ti�i�ica-in-cr�A�-tib
1;..,h in !be A gr-ej,Y,�: n that=, e,t r.S li:,lle c. i the Pili -f -t. '-'hem- asim tY�21 "�������
effleefs, t't6i#
, ' 11
1�+1-i1#13{E ' ifl {i
with the pfevisions of the AgfeefiienL The ROW ,tti4 i°tf3til�t t
eeufleil Say t a list a c-luafWf�y
1�.
320.4-307. Amendment or dissolution of district. Amendments to the Agreement or dissolution
of the District are shall be governed by A r*�af the Agreement. Per Miele shePkt6 �
FORY v 1-1 .,r : , Ic4��i3d
1.. �3iaE1 13 13•' t ;. n.:A: nl R 1 .fi.,,i„ ,F
�'.
�° ' •'°°'° � . ,I.,„'.y,a � eh e4y eou 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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.420. 15, City agreefoeiii, The eiiies, afNew Hope ; `ta4 L -,e 1x)ui
the i.,,.,,,., r, F a lie A ., eetii e „t ,+..a.,r;,,„ the TS's, F: et
r
ARTICLE VI. Chapter III, Sections 321 of the Crystal city code is hereby deleted in its
entirety.
,l ..
(Added, 116f,T'f- �
23 01`, ,.f1,..r., vvgt, ,.,r.,..1 fl ig !1, iiiwnt ,`Firs..,:,if il,F'i�#i Eft
"J GAUA
ill' ,
fi @ 1<�f li€rS #{ 913 i -43# It a l[iii
af ihis^° ad !h - v ------- -F+h-- se
r
tt'k�'Y
3 94, FiFe de kkis.=.ter c,irsl ly„kt4het :e-Is;I�S��ii��i-��1{iii• a f: Ia` ,,a .,r 4. �i3#�
the OFSHfliZUti9Fka1 StFUr4UH, p0wer-4 depawn
,F't1, d ,. i ,+ aFe is1. r1 r.- s,t 3.4..zi p10 F# t t J i$- y.'e`#3 1$i#
321 05. Per-sennf,4Subdovosiefi 1. Giagsifieafiefl Pa" -1
4c'tIi FZt'BH31'fi
may be lie! less thEffl 18
Effid ii l WithWithili i h s 91'Pile q, -n
hey
( mliekdeaFt ,t ifllefVieW, by ,1 bmilii-i���1�E1#1i#i�fl�l
baelr n , l,.ze A= ,,+,, .,F t.) he fire. datxnr+ment:n
s l��r�,rsd, (3- � "� Y 7t2' ', '.'- r•' ••id`.efs ., appeinted by the eiter manager- a4F #n
_ _ q��uvest i;=, --ter
. rrl-rr#
..„ispe,,.d=.rl dei:qaied OFdisehmged by the eity t,,afia
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appealed to (lie rwrsj Entis be "641 xvrr�
ft al4 d._..1:,.,fft!.i W the ;r„
Fnfhqager-wi",n4en- y1�
s--ma-a .eAis
deets`ion.
+sem pus- lie-pes--prae
approved by the eity inanager,
'2arshal.'�Theeti.ffioe nf`tl�es f Fs.a�.vrohr,l .1,eid f F'
— - �l�e-I+�e-r�T�ir�e
of iEt?�571° 4�F54?3 1�I- 4E #+i �•' i•,, Rd : sli •,anus The fii e mai h al i:nffy ifispeei .,ll
pr i°�3 + L lk1Sf 13 Ci�37' .r, �l , abateffleig! of fife and lit:® safety h -.a Fd
- e"ient Ic-Aa f
amen ie-fi-r-eiiief 4s,-t�esWnsible-- 4- dle1 1 t re to
S
u
b
s _ oh5tus keep
a r4iap ete vlt' :d i+ ill fires, in-¢
CllvenLl"CY
maie fire maF:shal a!
e a s -a1 Iy:
ARTICLE VII. The following portions of Chapter III, Section 325.03 of the Crystal city code
are hereby amended by deleting the stricken material and adding the double underlined material
as follows:
325.03. Method of disposition. Subdivision 1. The City Manager shall take all reasonable steps
clmnirw the-Qwner 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., ' .. 10 ally
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
10
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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.
I)
ARTICLE VIII. The following portions of Chapter III, Section 330 of the Crystal city code are
hereby amended by deleting the str-ieken 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 i'�t interest, any portion of the special assessment not less than
$100. The remaining balance of the special assessment 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.
ARTICLE IX. The following portions of Chapter III, Section 335 of the Crystal city code are
hereby amended by deleting the str-ieke material and adding the double underlined material as
follows:
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
I) 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;
4.1 for all deferment categories stated above in subdivisions 2 b) 1) — 3), payment
of the assessment would be a hardship for the property owner.
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ARTICLE X. Chapter V, Section 500 of the Crystal city code is hereby deleted in its entirety
and replaced with the double underlined material as follows:
••11 ' .� �• • •
500.01. Established. The planning commission is hereby created and continued. The pl, 'ng
commission is designated the planning agencyof 11agcily ill acLQLcj=ce with Minnesota Stat
wec ani 462.354.
50-0,011—Duties. The planning commission has those powers and duties assigned to it bv.
Minnesota Statutes, sections 462.351 to 462.364, (the Municipal Planning Act) and by this code..
500.05. Membership_ The plannin;? com_mision cysts of nine members Two members are
appointed from each of the four wards of the city and one member is appointed at large
Members shall be appointed in accordance with t e pr cedures established by the city council as
provided in section 305.13. Members may serve on one additional city commission or board.in
ition to the planning commission
500.07. Terms Commissioners serve two-year terms Terms of members commence on March
1 of the year of appointment and run through February 28 of the year of expiration There are no
term limits -
500.09,
imits
500 09 Transition Plan Upon aduti—on 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 Que members Ties will be settled by drawing of lots.
500.11. Oath of office Members of the pla ing commi sion must before entering upon the
discharge of their duties,take an oath as prescri e by the city charter that they will faithfully
discharge the duties of their office.
500.13. Liaison The planning commission shall have one liaison from the city council that
aitcnds its meetings and reports back to the city council The liai on is not an official member of
tknianninucommission and may not vote on planning commission issues
comm saign shall a opt bylaws eonsjs llLwith section 3175.15,
ARTICLE XI. Chapter V of the Crystal city code is hereby amended by adding the ub e
underlined material as a new Section 503 as follows:
503.01.__Board of ameals and adju-stments. Pur=n O MiY1 sg-W- Statutes, S -e ii n 46 4
MILLed of appeals
and -adjustments ("Board") is hereby. erected and c; ntinued. Thcity's
planning commission shall serve as t e Board for the city. Pursuant to -Minnesota Statutes
12
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section 462.354- subdivision 2, the decisions of the Board are advisory to the city council, which
wifll_m.akc_the Final decision.
503.03. Duties of the board. The Board shall have the following duties:
a) The Board hears and makes recommendations with respect to appeals from an.::
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 manned street pursuant to Minnesota Statutes, section 462.359.
503.05. 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.
503.07. 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 supportfor appellan 's o ition and the snecific
relief being sought.
503.09. Hearings. At least ten days' published notice shall be provided prior to any-nubli
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. Thenptiseis en
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.
ARTICLE XII. At the time of incorporating these amendments into the City Code, City staff is
directed to correct the references made in Section 335 to the amending ordinance from
"Amended, Ord. No. 2010-2, Sec. 1" to "Amended, Ord. No. 2011-2, Sec. F.
ARTICLE XIII. The planning commission, the board of appeals and adjustments, and the
employee review board shall continue and remain in effect without separate action by the city
council. With respect to all other commissions and boards that are to be continued, the city
council shall formally act by ordinance to establish them as provided in this ordinance.
ARTICLE XIV. This ordinance is effective upon adoption and 30 days after publication.
13
472896v5 CR225-423
First Reading:
2016
Second Reading:
-2016
Council Adoption:
2016
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
472896v5 CR225-423
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3-7 546
CITY OF CRYSTAL
ORDINANCE #2016 -
AN ORDINANCE AMENDING CHAPTERS 3 AND 5
OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE 1. Chapter III, Section 305 of the Crystal city code is hereby deleted and replaced
with the double underlined material as follows:
305,01,sions and boards,ouncil.may gsjab1i5h,,juhsomMission5board
a it determines are needed to assist it in conducting the business of the city. Cornrnissions and
boards shall be created and shall conduct themselves in accordance with the following- Thp
itv'snlanninp–commission and -board of atmeals and adiustments are provided for in sections
1 1 , oF�#
305.03. Charter authorily, Section 2.02 of the charter of the city of Crystal authorizes the citv.
council to create stigh advisory commissions and -boards. as it deems necessary. The
commissions and boards created by ordinance are created rtur.9—uatit to that authority this code,
�tnd applicable state law.
305.05. Advisory nature. Except as otherwise provided by law or charter, the commissions and
bo created under this section are adviso to the council an to the city manager. but thea
an,�ii5ictnstnd boards have no other official status or indtntllx1L1+_.iltt�s
Dr-ovide'udicial functions n behalf Qf the gily council. _Cuilmissioiisind
boards are not authorized to enter into cot•acts.
305.07.Compensation Unless otherwise provided by law or charter members of commission
el boards serve withouteern�.r ensaiirrn..l?tit. a_ l .rs.i burs _'d Fur actual and nggss try a412gnses
if funds fbiLthatmrougLre identified in the adopted cit budget and citv catincoi autho
reimbursement of expenses when establishing the commission or board.
305.09. Open meetings, Meetings of commissions or boards are oven to the public and all
commissions or boards mast comply with all applicable open meeting laws.
05.11. Creation. The city council may create a commission or board by adopting an ordinance
that establishes the commission or board. The establishment ordinance shall. ata minimum.
contain the following information:
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3-425-16
2. The purpose and duties of the commission or board
. The number of members and whether they arev
geography.
4. The terms fo the commission or board members, including the length of terms, when
terms begin, whether terms will be staggered,
concurrently on other commissions or boards, and whether there are term liimils,
5. Whether the commission or board will have a council liaison a staff liaison or a staff
�-94-4--3-05.13. Commission or Board Membershir . Subdivision 1. Appointment, Member of
commissions or boards are annointed by the city c un il.
Subd. 2, Qualifications, Members of commissions or boards must be residents of the
city and be at least l5_y us old. The city council may establish additional qualifications for the
particular cornmi�sions or boards in the ordinance it adopts to establish the commission or board.
SO& 3. Removal. Members oLcmiunis.'i=&pI boardsa be removed from office b,,
maiorit vote of the city council,
S bd. 3 A Anplications and interviews. The city council shall establish, by resolutio
process for accepting applications and interviewing annlicants to commi sign and boards. The
nrt,cess 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 hill for at least 45 i prior to the
aranlication deadline. The application and interview process shall be posted on the city's website
and made available at city hall.
Subd, 4.5. Vacancies. A vacancy is created when a commission or board member
resigns or is removed from office. Vacancies m v be filled at the discretion of the city council
following_the same process to makg he initial appointment- Members appointed to #ill a vara
position are appointed to serve the rent i iider of the unexpired term.
Subd -5-.6 Reappointment Members of cofiimissions or boards seeking mpointment
shall go through the regular application and interviov process to be eligible for reappointment-
44546,305,15,
eappointment
�_ _ 15 Or 'on -and goy-emance. SubdiyiaiQn 1. Bylaws, The citynil shall
ApMLQY for all commissions and boards and such bylaws may not be amended except by
annroval 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 member to constitute aquorum, the order of business,
attendance reauir ments. and -other matters necessary for the conduct of the business of the
commission or board. Each commission or bomu-proposechanges to its b laws to the city
472896v35 CR225-423
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3-42�-16
c uncil for review and approval The city council may also initiate and approve amendments to
the bylaws of any commission or boaal..
.'ubd. 2. Meeting governance. The procedure at meetings -is -governed by the bylaws of
the commission or board and the requirements of the open meeting 14,k+.__
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 eac_ h_calendar year. The
schedule of meetings for all commissions and boards must be posted on the city's website and at
city hall,
Subd 4 Minutes -fl-ke secretary of a commission or board shall keep the minutes of its
matings unless the city council has provided for a staff secretary in the establishment
ordinance: Hie secretary shall also perform the clerical duties of the commission or board as
t1 e 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 incQe—a cony of all resolutions and other action� -of the commission or board.
These records shall be maintained by the city clerk in accordance with the-NjjnntSDta
Government Data Practices Act and the city's records retention schedule.
b . 5. Reports._ Commissions or boards must annually make a report to the cite_
council which summarizes their activities. fintlii�gs and recommendations. The report must be
su fitted to the city clerk prior to August 1 each vear Oth r 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 reauired to summarize each recommendation as Dart of their annual
>
J0,9305,17. Task forces Th_e city council may establish such task forces as it deternilmaa�e
nt�eded to assist it to address a is 1 r item of city business,T,15k forces shall be eslablished
and shall conduct themselves in accordance with the following.
X305.19. Creation. The city council may establish task forces by resolution as it
determines is appt-olviate to study an advise the city council on specific matters of limited
scone The resolution -creating a task force must set forth the number of members the speciU-
issue or issues1~ task force is to study and advise, and the date by which the task force will be
issolyed. The city council may, by resolution, extend the date of dissolution or alter the scone
of the matters being reviewed by a task force The requirements associated with the
establishment and administration of commissions and oards shall not apply to task forces
except as hereinafter provided.
�n�305.21. Appointment. The number of members of a task force and the process by which
member of a task force is appointed will be left to the discretion of the city council Those
a ointed to serve on task forces serve at the ill of the city council and may be removcd
vote of the city council.
472896v35 CR225-423
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3-725--16
4S �43 23 Advisory nature. Taskforces are advisory to the city council and to the cite:
--
n' ager, and have mo -other official status or independent authority other than to gather. discuss,
and make recommendations to the city council.
jQjS�05.25. Open meetings. Meetings of task forces are open to the public and members
must comply �►rI&AIIA n,l.icable open meeting law -
ARTICLE II. Chapter III, Section 311 of the Crystal city code is hereby amended by deli
st-riekeff material and adding the double underlined material as n Hew Seefi n 30.7 ns follows:
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472896v31 CR225-423
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3-725-16
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 all 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 investi ag tom. This section applies only to applicants who
are finalists for paid or volunteer positions with the city, ,
��....,,: 4r.
eF the_ _ Wfffttiffl_ . 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 affiended, 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;
h) the applicable complaint and grievance procedure set forth in Minnesota
Statutes, section 364.06, as amended; (Amended, Ord. No. 2007-11, Sec.
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: 1•, 1160.11; 1175.17; 1177.07; 1185.03; 1190.11; 1195.15;
1200.09; 1215.11. (Added, Ord. No. 2007-11, Sec. 2)
ARTICLE VVIR. Chapter III, Section 315 of the Crystal city code is hereby deleted in its
entirety and replaced with the double underlined material as follows:
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3-725-16
• • • mm's
i • . _
3l 5.111. Bond established. The emplovcc rc,uiew, b9grd ("Bi2ard") is established and continued.
"he L3oard hasthe powers and ditties set out in this section.The � a satablishcd pursuant t
section§ 2.02 and 6.07 of the charter and section 305 of the city code.
315,113. Definitions, Subdivision 1.[ 4r rx�'pcxss_; t tis s'n, the terms defined in this
subsection have the meanings given them
S-ubd 2 "Appendix V" means the rules and reizulations adopted by section 310 of this
•.-
Subd 4 "Grievance" means a dispute or disagreement as to the interpretation or
anrllication of any term or tel of Appendix V.
Subd.5. "F mulovee" means a situ gmployee othgr than the city manager, the assistant
s 11Y.Ill# ,,.i C �t Iepktetntent head. The term does not include_ tt 4t1t} Wlio. iS itt�� ti7ber
Ora certified apr}ropriate bar�aininL unit that has entered into a collective bargaini ilg agreement
with an employee organization pursuant to Minnesota Statutes chanter 179A
315,05,Board; e bershi division I. Appgintment. T Board three regular
members and two alternate members Members are app 'notec�v the city council in accordance
w the procedures established as12royi ,
le i in section 305. 13 fmtti a list of names
recommended by the city manager.
Subd. 2. Terms. Members of the Board serve fora term of three years and until their
respective surces s� - d an aualifv for office The iern3 nmembers are staggered
tw itic sj.tl r is. poiuted saach year_ he or more €tltcrr�:ttc 1tt Gt k r St '--b� apo nt�d
For ftRe-- i_.ar terms. 'I"he term t�fa_mct Iq expires on Devember 31 o
the final mac of aeri
tlY,
Vag ancien o ft Bert! ire 51ted for the aaumired term in the saine niamer a,s_oriti_utlj
appointments are made Members may be appointed for con ecutiv t
ub4. 3. Qualifications. Members ofib�-13t?atd taunt be resljots of the city. In niak
appointment, the manager d city -u A Must give consideration to persons who are
knowledgeable and cxperignced in the field ofdisaut `vagt_l_igrl, including arbitration and
trtediation. An officer or cm�r1�?.y���14�� pity may not be tlYte appointed to the Board Ear otherwise
w -w -Qu the Board. A member of the Board may apply bc-agpointad to any other board or
commission at the digeretion of c_Qj(y Qt au l ijbqjt wch ap intment,creating a vacancy ori
he Board A person who has been an elected officer or employee of the city may not be
appointed to the Board until one year h- -elapsed since-ermination of that service or
er3l,ployntent.
3l 5.07. Orgallizati['11, 111ceiiThe Board must admit by]aws �oyelllll #�t� �i�I]�ltcLol� 1
472896v35 CR225-423
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3-72-16
meetings specifying its offcers and setting its meeting schedule The bylaws of the Board are
not effective until approved by the city council.
31S 09 Council Liaison The Board shall have one liaison from the city council that attends its
meetings and reports back to the cite council. The liaison is not an official member of the Board
and may not vote on its issues.
315 11 ffin • financing, The city mana=r must provide apj2ropriate staff suI212ort inau&.a
legal assistance to the Board from existi g 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 hoards and commissions of the city.
315.13. Grievances; procedures. Subdivision 1. Submission. An employee may submit -a
arigyance_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 Appendix V havebeen completed and
�yjthin ten days of that completion. The grievance procedure provided in Appendix V is
complete on the date that the city manager -gives -mitten notice of the city manag is nal
determination of the grievance. The Board must provide in its bvlaws for the form and details of
Subj. 3. Review: discretion. The Board awst Promptlyreview 1hy, - y.a
submission—The Board may decline to review a grievance. The Boat-d'.,.,decision not to review 7
grievance is dinal_
Subd. 4. Hearing. If the Board decides to review a grievance. it may conduct one or
more hearinas on the matter in the manner forth in its bylaws, The bylaws must provide f
written notice of its hearings to the city manager and the employee. The city manager must
v th Board with information reasonablv requested by the Board. The em121pyee 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 eml2loye
roceedings must be paid by the city. If the manager's final deter�Ziination of the grievance
is confliTned by the Board. the emnlovee's costs. including attornevs' fees. will not be paid by the
MWI
Subd_ 5. Decisions. Upon completion of hearings on a grievance. the Board must istzlc-�y
written order stating its de isi n JhQ reasons for th-e-&cjsiQn,-and the findings on which the
decision_is_based, The order_mav confirm the decision of the city manager or modify it in ari,v
respect. The Board must send a CODV of he r r to the employee and to the city manager. The
i
315.15. Inform i npublication. The ci manager is dir k lly
info ni _ functions of the Board. A notice describing theboard n
functions must be continually posted in conspicuous places in the work lace.
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ARTICLE VIy. Chapter III, Section 310 of the Crystal city code is amended by deleting the
following language:
90-22
ding ardinapiee1
_
M
ARTICLE W -Y. The following portions of Chapter III, Section 320 of the Crystal city code are
hereby amended by deleting the st-rieken 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. Article_I I of the Act further-12rovides for the consolidation of the fire relief association
of the respective fire depar metitg in Ngiy l )) at{I {:-tyAaL
320.03. West metro fire -rescue district codified. Pursuant to the Act and Agreement, the west
metro fire -rescue district ("District") is hereby eedified reaffirmed and shall continUg to serve as
I& city's fire dQI2=ment. The District's fire department serves both the cities Crystal and New
lgDe ,Li�id provides eactl city with effective and economical fire suppression services. The
Agreemenues-tabtishing.tbg District was
ETP&eM&A between tile eifle.--fes �—rte 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 is was July 6, 1998.
;X05. Purpose. A,he general rkjrpa��e a,
,.,:..,
conselidmion of the fire relief effl+e mspeetive 111-0 d8PftF1ffi8A1A-i44-Dk1W%J Wil
x.320.05. Fire department- -The District is authorized pursuant to the Agreement to
exer-cise the delegated powers as needed to provide emergency services within the city as its fire
department. including serving as the city's fire marshal. Major areas of involvement of the
District are fire_suppression, emergency medical support, fire prevention through code
enforcement and public education_ hazardOLLS materials release response and specialized heavy
472896v35 CR225423
DRAFT
3-7Z5-16
rescue The management, budgeting, and operations of the District shall be as Provided in the
Agreemen
3'�R.320.4-307. Amendment or dissolution of district. Amendments to the Agreement or
dissolution of the District are shall be governed by ^ .t��e the Agreement. Dor ^ F fi610 v
. 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.
ARTICLE -WIyl. Chapter I1I, Sections 321 of the Crystal city code is hereby deleted in its
entirety.
472896v-35,. CR225-423
DRAFT
3-X25-16
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_i�r
• J^i'SL'Si•_3R�JJJ1#Jf J1lYL" L'al.`.L L Y
" :L•.1F+_ JT#'J.L'L'11� .;.ilii13.3'i_1fil fl:J•.J.Ji J!Sx4}J IAF
Miff4tn.� i.R �.lJi.lRiR'Jf3'_1.1!!.!!I!iL'Yxi11'�C.t'_�J.!'J!llIi9TJll tG,.
•slrl�'-124111!1! R9 9. - yl4`
4 _
.a('>Cl�js �LlfrLt'i'_l9!4'.listLL�JIll.Y11YLLL1141L24Lit :lig .iMi Jli4 LiFYYY Y. lit! � Y a -.Y .91 � �f a ; X a-.x�! f Y �-�+. a-� w � t1 � r'f
�.7'vl1v2lx!Y+4+�Jir-ria ra+3.d �a.�Y;Yay�y�S^7�k'a'.-_
ARTICLE -VIR-YU. The following portions of Chapter III, Section 325.03 of the Crystal city
code are hereby amended by deleting the str-ieken material and adding the double underlined
material as follows:
325.03. Method of disposition. Subdivision 1. The City ManaaeUhall take all reasonablesteps
to -determine the owner, of the unclaimedr} ro e�rty 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., i tlie imps-iu HIty
Subdivision. 2-1 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.
I)
472896v35 CR225-423
DRAFT
3-X25-16
ARTICLE I -X -YM. The following portions of Chapter I1I, Section 330 of the Crystal city code
are hereby amended by deleting the str-iekea material and adding the double underlined material
as follows:
330.01. Special assessments; partial payment. Subdivision 1. Authoritv. 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 i 'minluot, any portion of the special assessment not less than
$100. The remaining balance of the special assessment 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.
RTFCLE IX. The follow.ja& Portions of Chanter 1 11. Section 335 of tU Crystal city code are
1 ue ^k �f. unenJed by and adding the double underlined inate.rial as
fellows:
335.01. Deferment of assessments. Subdivision 1. Authority. This section is enacted pursuant
to Minnesota Statutes, sections 435.193 to 435.195.
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:
11 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.
eee�rsr.�rre�Re*�e�ei!�e _ __
IZ
472896v35 CR225-423
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3-725-16
r skibdivisiti
fiff �1, b !h
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i
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1.
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a)---bei-NulmliiEed io !he. city 1,.',
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2) !he SEfHE'�
3) that !Ile preperty is holne-qtead,
vizvTs;
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472896v35 CR225-423
1)RA F'r
344 -16
dl PIIS&4"Meiu4-1 _ -e extem! that 4w
owiiar- would tit-,
), i,�.
.•...sl,�.a..na�,.:nu...-. .,r.L,
OF fRim aetive duty.
a a
�� � ,#�" t uz±•��.•�_ ••, ��•;• =iis L!![L`1'i� � =o-1'.ate,=iasa�`ra�ea°srimf�►�ar-+
.mil r��Lil=St�.'iLxL��'Y�I.,i1,l.i Yl'L ii a'.l'aw.�Y,1�L41 � i V iM,f yL�nir.. .11�:
-.•, .'�.. .'.� 6 � :'i' ,'i!l+s+=.i=!]L�1^:1Y••f.[L !x`S '�I1TtiR'1S[S_'lll'llli'J4'214L L.
ARTICLE X. Chapter V, Section 5404 50 of the Crystal city code is hereby deleted in i s
fret and replaced with the double underlined material as follows:
•_• 11 ' !II �� •� •
500.01. �Feligy and dutio-Established. The 1 nnin
commission is hereby created and continued. I'he r2lanning comillissioll is ci�'�'r
VIannin agency of the city in accordance with itineso a Statutes section 462.354,
JIMMIR 1111•• •. �•. _.•. ,11111 ;��. • •
!.v1a141`1l§llR[[-SMU1 _f [I [[[[l4 !.S�. A■l A M., i"! Yilif, h+si v-,j4•i .i6
t
it 500 OS Membership, The planning commission consists of nine mrjpbers Two
i embers are appointed from each of the four wards of the city and one member is annointed at
large, f; .,,w.:L.,:QH.,__:_Laembers shall be appointed in accordance with the prQggj]jEg5 established
by the city council as provided in section 305.13. Members may serve on one additional city,
ommigion oiF 14:4 i1 jin addition to the pla ming commission.
X500.07. Terrus_ C��mmissioners serve two-year tel'tIL�,,�k - ;
oflnomb-m--c-ommenc-e-oii-MarelL.1_.ofthe vear of aanointment and run thr-oulih February 28 of
the year of expiration. There are no term limit
X00.09. Transition Plan. Upon adoption of this ordinance- all currently appointed
commissioners who wish tc 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.
X500.11. Oath of office. Members of the plannile com fission must, before entering upon
he discharge of their duties take an oath as prescribed by the city -charter that they will faithfully
472896v35 CR225-423
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3-725-16
discharge the -duties --of Ae-ikoffice,
590-.4500.13 Liaison. The nlannina ommission 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 thelap nning, commission and may not vote on planning commission issues
59941500.15. Bvlaws. The planning commission shall adopt bylaws consistent with
getion 305,_15.
RTICLE XL Chapter V of the Crustal city code is hereby amended by adding the double
unerlined material as a new Section 503 as follows:
Section 503 - Board. n I. Appesls and Adjustments
503.01. Board of appeals and adjustments. Pursuant to Minnesota Stat s. section 462.354, a
board of appeals and a4ii-L -s i j!2jLgq_(ligand") is hereby created anal continued, The city's
Planning commission shall serve as lhg e d fur the city, P�!rUiLtto1il1nc;ta[��es�
section 462.354. subdivision 2, the decisions of the Board are aduisory ka the city council_ which
will wake t e final _decision.
111111111 1111SOMMITIMM
order, decision, or detennination made b.y an administrative officer in thQ
enforcement of the zaajng&,u&
The Board hears reauestas for variances from literal nroyisions of the zoning code
in accordance-mdth_the provisions_of Minnesota Statutes, section 462.357.
g TheBoard hears appeals from the denial of a building permit for -structures within
the limits of a imapped street pursuant to Mimiesota Statutes. section 462.35 +.
503.05. 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 fludings. aud it,
recornmcndatiom.
5-03.07. Anneals. 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 st ,mail
must explain the basis for the appeal. the legal supUart for anycllant's posilitan, $rad the specific
relief being sought.
503.09. Hearings. At least ten days' published notice shall be provided prior to any pub l is
hearing held by the board on a variance_or an appeal. The city shall also mail notice to the
Son wQkin2 (lie vari_ane a car apneal at lust ten days prior to fhe hearing. 'HIC notice is given
wi ing to applicant at the anplicant's last known address._ At the conclusion of the hearing..
1 y
IS
472896v35 CR225-423
DRAFT
3-725-16
the board shall forward its recommendation to the city council for a final decision
AitTICLE XII At the time of incorporating these amendments -into -the -City -Code. City staff is
directed to correct the references made in Section 335 to thg amending ordinance from
"Am-cnded. Ord. No. 2010-2, Sec. 1" to "Amended. Ord. No, 2011-2. Sec. i
ARTICLE X4XIII. Thea+-4ty raid- . , planning commission, the
board of appeals and adjustments, and the employee review board shall continue and remain in
effect without separate action by the ciiy council. With respect to all other commissions and
boards that are to be continued, ..dQto ,
datethe city council shall formally act b-v-ordinanct-to-establish them as.Drovided in this
ordinance
ARTICLE X 4X4. 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
16
472896v35 CR225-423
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