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2016.08.16 Council Meeting Packet Posted: Aug. 12, 2016 City Council Meeting Schedule Aug. 16, 2016 Time Type of meeting Location 6:30 p.m. First Council work session to discuss: • Night to Unite recap • Blue Line update Conference Room A 7 p.m. City Council meeting Council Chambers Immediately following the City Council regular meeting Second Council work session to discuss: • Update on Bassett Creek Stabilization Project • CPRR Quiet Zone – review public comment received on revised layouts and discuss budgeting for implementation in 2017 • Potential changes to rental licensing • Council goals and city manager monthly check-in • Constituent issues update • New business • Announcements Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Aug. 12, 2016 City Council First Work Session Agenda Aug. 16, 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 first work session of the Crystal City Council was held at ______ p.m. on Aug. 16, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Adams ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Ray ____ Kolb ____ Revering ____ Libby ____ Sutter ____ Parsons ____ Gilchrist ____ Peak II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Night to Unite recap* 2. 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. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda Aug. 16, 2016 7 p.m. Council Chambers The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda.* 3. Appearances 3.1 Police Chief Revering will recognize Cooper football and basketball coaches for their volunteer work at Crystal Frolics and collaborative partnership with the Crystal Police Department. 4. City Council Meeting Minutes The Council will consider the minutes from the following meetings in a single motion: 4.1 The regular City Council meeting from July 19, 2016. 4.2 The regular City Council work sessions from July 19, 2016. 5. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 5.2 Approval of a resolution accepting the following donation: a. $100.00 from Brice Skarnes Insurance Agency, Inc. to the Crystal Police Chaplain fund. 5.3 Approval of a special permit to serve wine and beer at Bassett Creek Park on Saturday, August 13, 2016, from 11 a.m. – 4 p.m., for up to 40 guests to attend a birthday party, submitted by Jake Erickson. (This license was pre-approved by City Manager Anne Norris on Aug. 9, 2016, as the event was being held prior to the next council meeting.) 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda Aug. 16, 2016 5.4 The Council will consider a resolution ordering preparation of an assessment roll, declaring the amount to be assessed and setting the date for 2016 delinquent accounts. 6. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas.) 7. Regular Agenda 7.1 The Council will consider approval of disbursements over $25,000 submitted by the finance director to the city council, a list that is on file in the office of the finance director. Recommend approval of disbursements over $25,000. 7.2 The Council will consider first reading of an updated floodplain ordinance. The City is required by federal law to update the floodplain ordinance. This was discussed at the July 12 work session. The Planning Commission considered it at its August 8 meeting and recommended approval of the first reading of the ordinance updating the floodplain provisions. 7.3 The Council will consider second reading and adoption of an ordinance opting out of the statute on Temporary Family Health Care Dwellings. During the 2016 session the Legislature adopted a statute allowing temporary family health care dwellings statewide. As defined by the statute, a temporary family health care dwelling is “a mobile residential dwelling providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person” that meets additional criteria. This new law is effective September 1, 2016. While the statute preempts local regulation of drop homes, it also says that permits are to be issued and inspections performed by local governments. If local governments do not wish to allow drop homes, the statute includes a provision allowing them to opt out by adopting an ordinance. This was discussed at a June work session and in July, the Council approved the first reading of an ordinance opting out of this statute. Recommend approval of the second reading of an ordinance opting out of the statute on temporary family health care dwellings. Crystal City Council Meeting Agenda Aug. 16, 2016 7.4 The Council will consider proposals for demolition of the vacant Streets/Parks building and metal pole building at 6125 41st Avenue North. Now that Streets, Parks and Utilities have moved most operations to the new Public Works facility, it is time to demolish the old Streets and Parks building and cold storage shed. Bids are due the afternoon of August 15; results will be shared at the August 15 work session. Recommend approval of awarding demolition of these buildings to the contractor recommended by staff. 7.5 The Council will consider a resolution approving a PIR replacement purchase of a parks small utility vehicle. The 2016 PIR budget includes $18,000 for replacement of a parks utility vehicle. Recommend approval of the resolution approving the PIR expenditure of $14,365 for this replacement vehicle. 7.6 The Council will consider a resolution establishing the Crystal Community Outreach Task Force. Earlier this year the Council asked Council members Dahl and Peak to work with several volunteers to develop a Community Outreach Task Force to organize and host volunteer opportunities for interested residents. At its July work session, the City Council discussed establishing this task force as a formal Task Force. Recruiting for this Task Force and other advisory Commissions will start after Labor Day. Recommend approval of the resolution establishing the Crystal Community Outreach Task Force. 7.7 The Council will consider a resolution approving a loan agreement between Crystal and Crystal Little League. The Crystal Little League was successful in receiving a grant from the Hennepin Youth Sports Grant for renovation of the fields behind the Community Center. The total project is approximately $70,000 and the grant amount is $38,000. Crystal Little League is requesting the City assist by cash flowing the balance of the project costs while Little League raises the additional funds. Martha Ingram of the City Attorney’s office drafted a loan agreement for this project. The terms of the agreement are: a loan for $27,381 over 4-years, coinciding with the term of the lease with Little League for the fields. If the loan is repaid by the end of 2018, no interest is charged. If the loan is not repaid until 2019 or 2020, simple interest of 2% will accrue on the unpaid balance. Recommend adoption of the resolution approving execution of the loan agreement with Little League. Crystal City Council Meeting Agenda Aug. 16, 2016 8. Announcements a. Crystal Business Association meets Aug. 17 at 8:30 a.m. at GO Health Chiropractic, 4101 West Broadway, New Hope. b. Upcoming city council budget work sessions are Aug. 18 and 25 at 6:30 p.m. in the Community Room at City Hall. c. The next city council meeting is Sept., 6 at 7 p.m. in the Council Chambers at City Hall. Citizen Input Time will resume Sept. 20 at 6 p.m. in Conference Room A at City Hall. d. City offices are closed Sept. 5 in observance of the Labor Day holiday. e. Girl and Boy Scout troops are invited to lead the pledge at city council meetings. Troops that are interested may contact city staff for information. f. City council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov 9. Adjournment 10. Aug. 16, 2016 Meeting Schedule Time Type of meeting Location 6:30 p.m. First Council work session to discuss: • Night to Unite recap* • Blue Line update* Conference Room A 7 p.m. City Council meeting Council Chambers Immediately following the City Council regular meeting Second Council work session to discuss: • Update on Bassett Creek Stabilization Project • CPRR Quiet Zone – review public comment received on revised layouts and discuss budgeting for implementation in 2017 • Potential changes to rental licensing • Council goals and city manager monthly check-in • Constituent issues update • New business* • Announcements* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion and Integrity” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: August 2, 2016 SUBJECT: RECOGNITION ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM We would like to recognize Cooper High School’s Football Coach Willie Howard and Basketball Coach Bo Powell for their collaboration, partnership, and volunteerism at the Crystal Frolics. As always, please let me know if you have any questions. 3.1 City Council Meeting Minutes July 19, 2016 Page 1 of 5 1. Call to Order, Roll Call and Pledge of Allegiance Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on July 19, 2016 at 7:00 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the assistant city manager/human resources manager to call the roll for elected officials. Upon roll call, following attendance was recorded: City Council members present: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Finance Director C. Hansen, West Metro Fire-Rescue District Fire Chief S. Larson, City Planner D. Olson, City Engineer/Public Works Director M. Ray, Police Chief S. Revering, Community Development Director J. Sutter and Assistant City Manager/Human Resources Manager K. Therres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2. Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Kolb and seconded by Council Member Peak to approve the agenda. Motion carried. 3. City Council Meeting Minutes The Council considered the minutes from the following meetings in a single motion: a. The regular City Council meeting from June 21, 2016. b. The Council work sessions from June 21, 2016. c. The Council work session from June 28, 2016. d. The Council work session from July 12, 2016. Moved by Council Member Parsons and seconded by Council Member Deshler to approve the above minutes in a single motion. Motion carried. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 4.1 City Council Meeting Minutes July 19, 2016 Page 2 of 5 4. Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.2 Approval of Resolution No. 2016–100, accepting the following donations: a. $2,000 from Crystal Lions for Crystal Frolics. b. 115 tons of surplus salt from Prescription Landscape. c. $1,000 from VFW Post 494 for Crystal Airport Open House. d. $136.20 from various donation boxes for Crystal K-9 Unit. 4.3 Approval of a special permit to serve wine and beer at Yunkers Park on July 16, 2016, from 5–10 p.m., for up to 100 guests to attend a neighborhood get together, submitted by Elizabeth Dahl. (This license was pre-approved by City Manager Anne Norris on July 7, 2016, as the event was being held before the next council meeting.) 4.4 Approval of a special permit to serve wine and beer at the Crystal Community Center on July 23, 2016, from 5–11:45 p.m., for up to 250 guests to attend an event, submitted by Big Ten Catering. 4.5 Approval of a temporary on sale liquor license for a church festival on August 5–7, 2016, submitted by the Church of St. Raphael located at 7301 56th Ave. N. 4.6 Approval of a settlement regarding Phase 15 assessment appeal. Moved by Council Member Dahl and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 5. Open Forum The following person addressed the Council: • Bob Bellos, Sr., 6616 58th Ave. N., regarding recent storm cleanup efforts and street flooding. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance director to the City Council, a list that is on file in the office of the finance director. Moved by Council Member Deshler and seconded by Council Member Dahl to approve the list of disbursements over $25,000. 4.1 City Council Meeting Minutes July 19, 2016 Page 3 of 5 Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 6.2 The Council considered a resolution awarding the sale of general obligation improvement bonds, series 2016A, in the original aggregate principal amount of $3,330,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Springsted Client Representative Paul Steinman addressed the Council. Moved by Council Member Deshler and seconded by Council Member Kolb to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016–101 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2016A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $3,330,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried, resolution declared adopted. 6.3 The Council considered a front setback variance for 3226 and 3232 Georgia Ave. N. City Planner D. Olson and Community Development Director J. Sutter addressed the Council. Moved by Council Member Parsons and seconded by Council Member Dahl to approve the variances for two single-family homes at 3226 and 3232 Georgia Ave. N., as recommended by the Planning Commission at its meeting on July 11, 2016 subject to the conditions of approval outlined in the staff report. Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 6.4 The Council considered initiating a zoning ordinance text amendment revising the Floodplain Overlay District. City Planner D. Olson addressed the Council. 4.1 City Council Meeting Minutes July 19, 2016 Page 4 of 5 Moved by Council Member Peak and seconded by Council Member Parsons to direct the Planning Commission to hold a public hearing initiating a zoning ordinance text amendment to revise the Floodplain Overlay District. Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 6.5 The Council considered first reading of an ordinance opting out of the statute on temporary family health care dwellings. Community Development Director J. Sutter addressed the Council. Moved by Council Member Deshler and seconded by Council Member Peak to adopt the following ordinance: ORDINANCE NO. 2016–03 AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 PERTAINING TO TEMPORARY FAMILY HEALTH CARE DWELLINGS And further, that the second and final reading will be held on August 16, 2016. Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 6.6 The Council considered approval of the 2017 West Metro Fire-Rescue District budget. City Manager A. Norris and West Metro Fire-Rescue District Fire Chief S. Larson addressed the Council. Moved by Council Member Kolb and seconded by Council Member Peak to approve the 2017 West Metro Fire-Rescue District budget. Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 6.7 The Council considered terms of a loan agreement with Crystal Little League. City Manager A. Norris addressed the Council. Moved by Council Member Parsons and seconded by Council Member Peak to approve the terms and preparation of a loan agreement with Crystal Little League. 4.1 City Council Meeting Minutes July 19, 2016 Page 5 of 5 Voting aye: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. Motion carried. 7. Announcements The Council made several announcements about upcoming events. 8. Adjournment Moved by Council Member Deshler and seconded by Council Member Peak to adjourn the meeting. Motion carried. The meeting adjourned at 8:21 p.m. 4.1 City Council first work session minutes July 19, 2016 Page 1 of 1 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:00 p.m. on July 19, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The assistant city manager/human resources manager recorded the attendance for City Council members, staff and other representatives: City Council members present: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, City Engineer/Public Works Director M. Ray, Police Chief S. Revering, Community Development Director J. Sutter and Assistant City Manager/Human Resources Manager K. Therres. Other representatives: Attorneys R. Lindall and J. Schwie. II. Agenda 1. Moved by Mayor Adams and seconded by Council Member Peak to close the meeting pursuant to M.S. 13D.05, Sub. 3b, to engage in attorney-client privilege discussion with the city attorney regarding Industrial Equities litigation. Motion carried. Moved by Mayor Adams and seconded by Council Member Deshler to adjourn the above closed meeting and reopen the meeting. Motion carried. 2. Moved by Mayor Adams and seconded by Council Member Peak to close the meeting pursuant to M.S. 13D.05, Sub. 3b, to engage in attorney-client privilege discussion with the city attorney regarding Communities United Against Police Brutality (CUAPB) litigation. Motion carried. Moved by Mayor Adams and seconded by Council Member Parsons to adjourn the above closed meeting and reopen the meeting. Motion carried. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 4.2 City Council first work session minutes July 19, 2016 Page 1 of 1 III. Adjournment The work session adjourned at 6:34 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kimberly Therres Assistant City Manager/Human Resources Manager 4.2 City Council second work session minutes July 19, 2016 Page 1 of 1 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at 8:27 p.m. on July 19, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The assistant city manager/human resources manager recorded the following attendance: City Council members present: Peak, Adams, Dahl, Deshler, Kolb, Libby and Parsons. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, City Engineer/Public Works Director M. Ray, Police Chief S. Revering, Community Development Director J. Sutter and Assistant City Manager/Human Resources Manager K. Therres. II. Agenda The Council and staff discussed the following agenda items: 1. Bassett Creek Regional Park and Trail update. 2. Community Outreach Task Force update. 3. Canadian Pacific Railroad (CPRR) quiet zone – revised layouts for West Broadway and Douglas Drive crossings. 4. Blue Line update. 5. Council goals and city manager monthly check in. 6. Constituent issues update. 7. New business. 8. Announcements. III. Adjournment The work session adjourned at 9:40 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kimberly Therres Assistant City Manager/Human Resources Manager 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 4.2 Applications for City License August 16, 2016 Carnival Serenity Village Community Church 4100 Douglas Dr N -Event date Thursday 8/11/16 6-10 pm (Pre-approved by City Manager 8/5/16) Gas Installer Action Heating & Air 8140 Arthur St NE Suite C Spring Lake Park, MN 55432 Perfect Climate Inc 11205 Circle Lake Ln Faribault, MN 55021 St Marie Sheet Metal Inc 7940 Spring Lake Rd NE Spring Lake Park, MN 55432 Wencl Services Inc 8148 Pillsbury Ave S Bloomington, MN 55420 Plumber Aace Mechanical Inc 2696 Co Rd 157 Barnum, MN 55707 All Pride Plumbing Inc 21977 Heidelberg St NE Stacy, MN 55079 Bob Kissner Plumbing & Heating 6073 146th Ave NW Ramsey, MN 55303 Clearwater Systems Inc 1519 148th Ave NW Andover, MN 55304 Foxy River Plumbing 20327 Hamburg Ave Lakeville, MN 55044 Preferred Plumbing Inc 6400 High Point Trail Prior Lake, MN 55372 Quality Plumbing Co 2610 Snelling Curve #2 Roseville, MN 55113 Schulties Plumbing Inc 1521 94th Lane NE Blaine, MN 55449 Rental - New 6719 Lombardy La – Pro Operam Sub II, LLC (Conditional) 3100 Yukon Ave N – ADS LLC (Conditional) 6600 44th Ave N – Natalie Ann Lyke (Conditional) Rental - Renewal 5027 Angeline Ave N – Theo and Sandy Smulders (Conditional) 5030 Angeline Ave N – Kirk Wettschreck (Conditional) 5415 Angeline Ave N – Matthew and Priya Lingen 5417 Angeline Ave N – Xuyan Janet Lang 3130 Aquila Ave N – Tom Durkin 3422 Douglas Dr N – Wally Anderson (Conditional) 3448 Douglas Dr N – Bruce Krisko (Conditional) 3512 Douglas Dr N – Dianne Murphy 4237 Douglas Dr N – Drew and Terri Kabanuk 5236 Edgewood Ave N – Nickolas and Courtney Pile (Conditional) 4806 Florida Ave N – Roger Bloom (Conditional) 3150 Georgia Ave N – Terry Rutherford 2717-2719 Hampshire Ave N – Ebielador Itie (Conditional) 3816 Hampshire Ave N – Michael Mills (Conditional) 4125 Hampshire Ave N – Hakizumwami Runesha 5901 Idaho Ave N – Julie Dalton (Conditional) 6726 Lombardy La – Deborah and Robert Brenton IV (Conditional) 5220 Louisiana Ave N – James R Schmid (Conditional) 5307 Louisiana Ave N – Michael Pratten (Conditional) 5.1 3537 Major Ave N – Armand Safarian (Conditional) 5673 Maryland Ave N – Chad Tesmer (Conditional) 5701 Maryland Ave N – Conchita Armendariz (Conditional) 3220-3226 Nevada Ave N – Andrey and Tatiana Ryvlin (Conditional) 3333 Nevada Ave N #3302 – AS&W Rental Properties LLC 3333 Nevada Ave N #3303 – AS&W Rental Properties LLC 3335 Nevada Ave N #3502 – AS&W Rental Properties LLC 3343 Nevada Ave N #4301 – AS&W Rental Properties LLC 3343 Nevada Ave N #4302 – AS&W Rental Properties LLC 3343 Nevada Ave N #4303 – AS&W Rental Properties LLC 3345 Nevada Ave N #4503 – AS&W Rental Properties LLC 3347 Nevada Ave N #4701 – AS&W Rental Properties LLC 3347 Nevada Ave N #4704 – AS&W Rental Properties LLC 3349 Nevada Ave N #4901 – AS&W Rental Properties LLC 4724 Nevada Ave N – RHA3 LLC (Conditional) 5657 Nevada Ave N – John Hawk (Conditional) 8332 Northern Dr – Vincent Martin (Conditional) 4700 Quail Ave N – Kelly Carroll 3427 Utah Ave N – Jeffrey A Dehler (Conditional) 3625 Vera Cruz Ave N – Robert Anderson (Conditional) 5035 Vera Cruz Ave N – TMC Management Corp 5619 Vera Cruz Ave N – South Face Investments LLC (Conditional) 5035 Welcome Ave N – Kayla Robertson (Conditional) 5710-5712 Wilshire Blvd – Christian and Stacy Vitale (Conditional) 3308 Xenia Ave N – Edward T Johnston (Conditional) 5568-5570 Xenia Ave N – Naresh Uppal (Conditional) 4743 Yates Ave N – JDA Group LLC 4534 Zane Ave N – Herman Capital Partners 3 (Conditional) 5619 Zane Ave N – Reese Pfeiffer (Conditional) 8000 – 32nd Ave N – Darrin and Carol Kapphahn 8615 – 32nd Ave N – Robert Rader (Conditional) 6819 – 35th Ave N – Leslie Hale 6602 – 36th Ave N – IH2 Property Illinois, LP (Conditional) 6816 38th Ave N – Reid W Kinde (Conditional) 6402 – 42nd Ave N – MSR I Assets (Conditional) 6700 – 42nd Ave N – Home Sweet Homes LLC (Conditional) 6408 – 43rd Ave N – Renee R King 6907 – 46th Pl N – Danmark Properties LLC 6912 – 46th Pl N – Sherry and Patrick Bristol 5401 – 51st Ave N – Crystal Leased Hsg Ascts I 7226 – 58th Ave N – Andreya Skarie 6325 – 61st Ave N – Lee Winbush (Conditional) 5.1 City of Crystal Resolution No. 2016 - RESOLUTION ACCEPTING A DONATION FROM BRICE SKARNES INSURANCE AGENCY, INC. WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donor Purpose Amount Brice Skarnes Insurance Agency, Inc. Crystal Police Chaplain Fund $100 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks Brice Skarnes Insurance Agency, Inc. for their generous donation. Dated: August 16, 2016 By:__________________________ Jim Adams, Mayor ATTEST: Kim Therres Assistant City Manager/Human Resources Manager 5.2 MEMORANDUM DATE: August 9, 2016 TO: Crystal City Council City Manager Anne Norris FROM: Administrative Services Coordinator Trudy Tassoni SUBJECT: Application for Special Permit for Beer/Wine at Bassett Creek Park Jake Erickson has applied for a special permit to serve beer/wine at Bassett Creek Park on Saturday, August 13, 2016, from 11 a.m. – 4 p.m., for up to 40 guests to attend a birthday party. The park has been reserved through the Crystal Recreation Department. City Manager Anne Norris pre-approved this application on August 9, 2016, as the event was being held prior to the next council meeting. Council Action Requested Approve the Special Permit for Beer/Wine submitted by Jake Erickson. The application is available for review in the city clerk’s office. COUNCIL STAFF REPORT Consent Agenda: Special Permit for Wine/Beer Council Meeting: 8/16/2016 5.3 5.4 5.4 7.1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: August 11, 2016 TO: Anne Norris, City Manager (for August 16 meeting) SUBJECT: Consider first reading of an ordinance revising the City’s Floodplain Overlay District (City Code Section 515.61) A. BACKGROUND In April 2016, the Federal Emergency Management Agency (FEMA) sent a letter to Hennepin County cities requiring that all cities update their local floodplain ordinance and map by November 4, 2016. Communities that fail to adopt an update by November 4 will lose their ability to participate in the National Flood Insurance Program (NFIP) which allows residents to purchase flood insurance. City staff has discussed FEMA’s request with the City Council and on July 19, 2016, the Council directed that the Planning Commission hold a public hearing on the new ordinance. Notice of the August 8 public hearing was published in the Sun Post on July 28 and mailed to property owners affected by the floodplain map changes (those gray, green, and red parcels shown on attachment D). At the Planning Commission public hearing on August 8, the only person from the public who spoke was the property owner at 6408 - 40th Avenue North. This property owner questioned why his property was shown as still being in the floodplain when the properties across 40 th Avenue North were removed from the floodplain. After the meeting staff confirmed with this property owner that based on floodplain elevation contour data the lowest floor of his home is lower than the flood elevation. This is largely due to the presence of a walkout basement. The property owner will consider having his floodplain elevation field-verified, but this verification is not expected to remove his parcel from the floodplain. Attachments: A. Current Floodplain Overlay ordinance (City Code Section 515.16) B. Proposed Floodplain Overlay ordinance (City Code Section 515.16) C. Pond areas reviewed as part of the 2010 engineering study (central part o f the city) D. Map showing parcels in the floodplain (central part of the city) E. Map showing parcels in the floodplain (entire city) COUNCIL STAFF REPORT Zoning Code Text Amendment for revisions to the City’s Floodplain Overlay District 7.2 B. DRAFT ORDINANCE AND MAP The city‘s floodplain ordinance and map were last updated in 2004. Attachment A is the city’s current ordinance which would be deleted in its entirety and replaced with the proposed ordinance (attachment B). Periodically FEMA updates the floodplain map based on additional engineering analysis and then requests that the ordinance and map be updated to reflect this new information. FEMA has delegated responsibility to the Minnesota Department of Natural Resources (DNR) to prepare an updated model ordinance and work with the cities to adopt their respective local update. The new ordinance would not be dramatically different from the city’s existing ordinance, with most of the changes relating to more definitions of terms used in the ordinance. The following are the main subsections of the new ordinance:  Subd. 1: Establishes the statutory authority and purpose for the ordinance  Subd. 2: Adopts the new floodplain map; definitions of terms used in the ordinance  Subd. 3: Establishes the three flood districts: floodway, floodway fringe, and general floodplain  Subd. 4: Describes Permitted, Accessory, and Conditional Uses in the floodway district, and standards for construction  Subd. 5: Describes Permitted, Accessory, and Conditional Uses in the flood fringe district, and standards for construction  Subd. 6: Describes Permitted Uses in the general floodplain district and steps to take in determining if properties in the general floodplain are located in the floodway or flood fringe districts.  Subd. 7: Describes subdividing property within floodplain districts, and approval of building plans  Subd. 8: Requirements for construction of public utilities, railroads, roads and bridges within the floodplain  Subd. 9: Requirements for constructing manufactured homes in the floodplain  Subd. 10: Requirements for administering the issuance of permits, variances, and conditional use permits within the floodplain  Subd. 11: Requirements for nonconformities within the floodplain  Subd. 12: Penalties for violations of the floodplain ordinance  Subd. 13: Describes the process to amend the floodplain map The city may not significantly deviate from or customize the model ordinance but city staff has worked with the DNR to tailor this ordinance to Crystal as much as possible. More significant are the changes to the FEMA floodplain map. In 2010 the city initiated a floodplain study that included detailed modeling of potential flood elevations in the Memory Pond area and a comparison to the 2004 FEMA map. The study was prompted by the city’s experience with historically high precipitation rain events for which the impact on flooding was inconsistent with the flood elevations found in the 7.2 2004 floodplain map. After completing a detailed modeling analysis of the central area of the city around the Memory Lane, Brownwood, Hagermeister, and Gaulke Ponds (shown on attachment C), the study found that the flood elevation levels could be lowered slightly. After extended correspondence with both the DNR and FEMA, they agreed with the city’s analysis and the lowering of the flood elevation was incorporated into the 2016 map. The changes to the map in the central area of the city, as shown on attachment D, are the only changes to the city’s floodplain map. The updated map for the whole city is shown on attachment E. On the 2004 floodplain map, 332 parcels in Crystal are shown to be within the floodplain in whole or in part. With the 2016 map update, only 261 parcels are shown to be in the floodplain. With this map update 71 parcels are being removed from the floodplain and three parcels are being added to the floodplain (see attachment D). City staff informed owners of impacted parcels of the Planning Commission public hearing for the new floodplain ordinance and map. Three parcels are identified as being added to the floodplain:  6920 42nd Avenue North (existing townhome)  6900 42nd Avenue North (existing townhome)  6700 41st Avenue North (existing single family home) For these parcels staff has determined that a small part of the parcel would be in the floodplain but the homes would not be in the floodplain. This determination was made based on existing floodplain elevation contour data and proposed property surveys. Staff has met with all three property owners in person to inform them of this change. None expressed a desire for the city to field verify this determination or submit a Letter of Map Amendment (see below) at this time. Lenders may require flood insurance if any part of the property is within the floodplain, even if the building is not. If any property owner in the city disagrees with a len der’s determination that their parcel or their home is in the floodplain, they have the option of requesting a Letter of Map Amendment (LOMA). For this process city staff would field verify the floodplain elevation for the existing parcel and home and submit this information to FEMA for their consideration. If FEMA agrees that the parcel or home is not located in the floodplain based on this more detailed information, they will issue the LOMA advising the property owner of this change. C. REQUESTED ACTION At the August 8, 2016 Planning Commission meeting the Commission recommended approval to the City Council of the text amendment to the city’s Floodplain Overlay District (City Code Section 515.61) by a vote of eight to zero (one Planning Commission member was absent). The proposed schedule for adopting a new ordinance is as follows: Sep. 6 Council considers second reading and adoption 7.2 Sep. 15 Summary of ordinance published Oct. 15 Effective date of ordinance and map City Council first reading of the ordinance in Attachment B is requested. 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 Attachment B CITY OF CRYSTAL ORDINANCE #2016-____ AN ORDINANCE AMENDING SECTION 515.61 OF THE CRYSTAL CITY CODE REGARDING FLOODPLAIN REGULATIONS The City of Crystal ordains: ARTICLE I. Chapter IV, Section 515.61 is deleted in its entirety and replaced with the following new floodplain overlay material: 515.61 Floodplain Overlay Subdivision 1. Statutory Authorization, Findings of Fact and Purpose. a) Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. b) Purpose. 1) This subsection regulates development in the flood hazard areas of the City. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this subsection to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 2) National Flood Insurance Program Compliance. This subsection is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program. 3) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 7.2 Subd. 2. General Provisions. a) How to Use This Subsection. This subsection adopts the floodplain maps applicable to the City and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain (collectively, “Flood Districts”). 1) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subdivisions 4 or 5 will apply, depending on the location of a property. 2) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subdivision 4 apply unless the floodway boundary is determined, according to the process outlined in Subdivision 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subdivision 5 may apply outside the floodway. b) Lands to Which this Subsection Applies. This subsection applies to all lands within the jurisdiction of the City shown on the city’s zoning map and/or the attachments to the map as being located within the boundaries of the Flood Districts. 1) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this subsection. In case of a conflict, the more restrictive standards will apply. c) Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the zoning map of Crystal, Minnesota and this subsection. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file at Crystal City Hall. Effective Flood Insurance Rate Map panels: 27053C0192F 27053C0194F 27053C0203F 27053C0204F 27053C0211F 27053C0212F 27053C0213F 27053C0214F d) Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional 7.2 flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. e) Interpretation. The boundaries of the Flood Districts are determined by scaling distances on the Flood Insurance Rate Map. 1) Where a conflict exists between the floodplain limits illustrated on the City’s zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Appeals and Adjustments and to submit technical evidence. f) Warning and Disclaimer of Liability. This subsection does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This subsection does not create liability on the part of the City or its officers or employees for any flood damages that result from reliance on this subsection or any administrative decision lawfully made hereunder. g) Definitions. Unless specifically defined below, words or phrases used in this subsection must be interpreted according to common usage and so as to give this subsection its most reasonable application. 1) Base Flood Elevation. The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. 2) Basement. An area of a building, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 3) City. The City of Crystal and all territory lying within its boundaries over which it has jurisdiction. 4) Conditional Use. A specific type of land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: i) Certain conditions as detailed in the zoning ordinance exist. 7.2 ii) The land use conforms to the comprehensive land use plan and is compatible with the existing neighborhood. 5) Critical Facilities. Facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 6) Development. Any manmade change to improved or unimproved real estate, including buildings or other structures, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 7) Equal Degree of Encroachment. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 8) Farm Fence. A fence as defined by Minn. Statutes, section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this subsection. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this subsection. 9) Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 10) Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 11) Flood Fringe. The portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota. 12) Flood Prone Area. Any land susceptible to being inundated by water from any source (see “Flood”). 13) Floodplain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 14) Floodproofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 7.2 15) Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 16) Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the building in violation of the applicable non- elevation design requirements of 44 Code of Federal Regulations, Part 60.3. 17) Manufactured Home. Manufactured home has the meaning given in Minnesota Statutes, section 327.31. The term “manufactured home” does not include the term “recreational vehicle.” 18) New Construction. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this subsection. 19) Obstruction. Any, wall, embankment, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 20) One Hundred Year Floodplain. Lands inundated by the “Regional Flood” (see definition). 21) Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 22) Recreational Vehicle. Recreational vehicle has the meaning given in Minnesota Statutes, section 168.002. For the purposes of this subsection, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.” 23) Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 24) Regulatory Flood Protection Elevation (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood 7.2 elevation caused by encroachments on the floodplain that result from designation of a floodway. 25) Repetitive Loss. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 26) Special Flood Hazard Area. A term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” 27) Start of Construction. Start of construction includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 28) Substantial Damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 29) Substantial Improvement. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: i) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 7.2 ii) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this subsection, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. h) Annexations. The Flood Insurance Rate Map panels adopted by reference into Subdivision 2 above may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this subsection. If any of these floodplain land areas are annexed into the City after the date of adoption of this subsection, the newly annexed floodplain lands will be subject to the provisions of this subsection immediately upon the date of annexation. i) Detachments. The Flood Insurance Rate Map panels adopted by reference into Subdivision 2 above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this subsection. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the City after the date of adoption of this subsection, the newly detached floodplain lands will be subject to the provisions of this subsection immediately upon the date of detachment. Subd. 3. Establishment of Flood Districts a) Flood Districts. 1) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subdivision 2. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, section 103G.005, subdivision 14. 2) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subdivision 2, but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, section 103G.005, subdivision 14. 3) General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subdivision 2. b) Applicability. Within the Flood Districts established in this subsection, the use, size, type and location of development must comply with the terms of this subsection and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the 7.2 channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subdivisions 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Subdivision 2, are prohibited in all Flood Districts. Subd. 4. Floodway District (FW). a) Permitted Uses. The following uses, subject to the standards set forth in subsection b), below, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2) Industrial-commercial loading areas, parking areas, and airport landing strips. 3) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4) Residential lawns, gardens, parking areas, and play areas. 5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. b) Standards for Floodway Permitted Uses. 1) The use must have a low flood damage potential. 2) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 3) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. c) Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Subdivision 10 (d) of this subsection and further subject to the standards set forth in subsection d), below, if otherwise allowed in the underlying zoning district or any applicable overlay district. 7.2 1) Structures accessory to the uses listed in Subd. 4 (a), 1 to 3, above, and the uses listed in Subdivision 4 (c), 2 to 3, of this subsection. 2) Extraction and storage of sand, gravel, and other materials. 3) Marinas, boat rentals, docks, piers, wharves, and water control structures. 4) Storage yards for equipment, machinery, or materials. 5) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in Subdivision 2, are permitted uses. 6) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. d) Standards for Floodway Conditional Uses. 1) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 2) Fill; Storage of Materials and Equipment. i) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. ii) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. iii) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 3) Accessory Structures. Accessory structures, as identified in Subdivision 4 (c) (1), may be permitted, provided that: i) buildings are not intended for human habitation. ii) structures will have a low flood damage potential. 7.2 iii) structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters. iv) Service utilities, such as electrical and heating equipment, within these buildings must be elevated to or above the regulatory flood protection elevation or properly floodproofed. v) Buildings must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed buildings must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. vi) As an alternative, an accessory building may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory building constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: a) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the building, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and b) There must be openings on at least two sides of the building and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the building. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, section 103G.245. 5) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subd. 5 Flood Fringe District (FF). a) Permitted Uses. Permitted uses are those uses of land allowed in the underlying zoning district(s) that comply with the standards in Subdivision 5 (b). 7.2 b) Standards for Flood Fringe Permitted Uses. 1) All buildings, including accessory buildings, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for buildings must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the building. 2) Accessory Buildings. As an alternative to the fill requirements of Subdivision 5 (b) (1), buildings accessory to the uses identified in Subdivision 5 (a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: i) the accessory building constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. ii) All portions of floodproofed accessory buildings below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation. iii) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (a) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the building, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (b) There must be openings on at least two sides of the building and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the building. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 3) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a building in accordance with Subdivision 5 (b) (1), or if allowed as a conditional use under Subdivision 5 (c) (3) below. 7.2 4) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 6) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 7) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 8) All new principal buildings must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City. 9) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 10) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 11) Manufactured homes and recreational vehicles must meet the standards of Subdivision 9 of this subsection. c) Conditional Uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district (s) or any applicable overlay district, following the procedures in Subdivision 10 (d) of this subsection. 1) Any structure that is not elevated on fill or floodproofed in accordance with Subdivision 5 (b) (1) and (2) of this subsection. 2) Storage of any material or equipment below the regulatory flood protection elevation. 3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a building in accordance with Subdivision 5 (b) (1) of this subsection. 7.2 d) Standards for Flood Fringe Conditional Uses. 1) The standards listed in Subdivision 5 (b) (4) through 5 (b) (10) apply to all conditional uses. 2) Basements, as defined by Subdivision 2 of this subsection, are subject to the following: i) Residential basement construction is not allowed below the regulatory flood protection elevation. ii) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subdivision 5 (d) (3) of this subsection. 3) All areas of nonresidential buildings, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the building watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 4) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a building to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. i) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. ii) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. iii) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 7.2 Subd. 6. General Floodplain District (GF). a) Permitted Uses. 1) The uses listed in Subdivision 4 (a) of this subsection, Floodway District Permitted Uses, are permitted uses. 2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subdivision 6 (b) below. Subdivision 4 applies if the proposed use is determined to be in the Floodway District. Subdivision 5 applies if the proposed use is determined to be in the Flood Fringe District. b) Procedures for Floodway and Flood Fringe Determinations. 1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 2) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subdivision 6 (b) (3) below. 3) The determination of floodway and flood fringe must include the following components, as applicable: i) Estimate the peak discharge of the regional (1% chance) flood. ii) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. iii) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of 7.2 previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 5) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Subdivisions 4 and 5 of this subsection. Subd. 7. Land Development Standards a) In General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City. b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this subsection. 1) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 4) In the General Floodplain District, applicants must provide the information required in Subdivision 6 (b) of this subsection to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5) If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: i) All such proposals are consistent with the need to minimize flood damage within the flood prone area. 7.2 ii) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage. iii) Adequate drainage is provided to reduce exposure of flood hazard. c) Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: 1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the building resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2) Constructed with materials and utility equipment resistant to flood damage. 3) Constructed by methods and practices that minimize flood damage. 4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subd. 8. Public Utilities, Railroads, Roads, and Bridges. a) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. b) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subdivisions 4 and 5 of this subsection. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. c) On-site Water Supply. Where public utilities are not provided on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended. 7.2 Subd. 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles. a) Manufactured Homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 1) Placement or replacement of manufactured home units is prohibited in the Floodway District. 2) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subdivision 5 of this subsection and the following standards. i) New and replacement manufactured homes must be elevated in compliance with Subdivision 5 of this subsection and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. ii) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subdivision 7 (b) (2). Subd. 10. Administration. a) Zoning Administrator. A Zoning Administrator or other official designated by the City must administer and enforce this subsection. b) Permit Requirements. 1) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: i) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this subsection. ii) The use or change of use of a building, structure, or land. iii) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this subsection. 7.2 iv) The change or extension of a nonconforming use. v) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. vi) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. vii) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. viii) Any other type of “development” as defined in this subsection. 2) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: i) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. ii) Location of fill or storage of materials in relation to the stream channel. iii) Copies of any required municipal, county, state or federal permits or approvals. iv) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 3) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until approval has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this subsection. 4) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this subsection. Floodproofing measures must be certified by a registered professional engineer or registered architect. 5) Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new buildings and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 7.2 6) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 7) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. c) Variances. 1) Variance Applications. An application for a variance to the provisions of this subsection will be processed and reviewed in accordance with applicable state statutes and subsection 515.05 of this Code. 2) Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3) Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: i) Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. ii) Variances may only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. iii) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) 7.2 Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 5) General Considerations. The City Council may consider the following factors in granting or denying variances and imposing conditions on variances and conditional uses in floodplains: i) The potential danger to life and property due to increased flood heights or velocities caused by encroachments. ii) The danger that materials may be swept onto other lands or downstream to the injury of others. iii) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions. (iv) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner. (v) The importance of the services to be provided by the proposed use to the community. (vi) The requirements of the facility for a waterfront location. (vii) The availability of viable alternative locations for the proposed use that are not subject to flooding. (viii) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (ix) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area. (x) The safety of access to the property in times of flood for ordinary and emergency vehicles. (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 6) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7.2 7) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 8) Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. d) Conditional Uses. 1) Administrative Review. An application for a conditional use permit under the provisions of this subsection will be processed and reviewed in accordance with Section(s) 515.05 of the zoning code. 2) Factors Used in Decision-Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this subsection, and those factors identified in Subdivision 10 (c) (5) subsection. 3) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this subsection. Such conditions may include, but are not limited to, the following: i) Modification of waste treatment and water supply facilities. ii) Limitations on period of use, occupancy, and operation. iii) Imposition of operational controls, sureties, and deed restrictions. iv) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. v) Floodproofing measures, in accordance with the State Building Code and this subsection. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7.2 5) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd. 11. Nonconformities. a) Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this subsection but which is not in conformity with the provisions of this subsection may be continued subject to the following conditions, except that historic structures, as defined in Subdivision 2 of this subsection, are exempt from Subdivision 11 (a) (7) of this subsection. 1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subdivision 11 (a) (2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subdivision 11 (a) (3) and Subdivision 11 (a) (7) below. 3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subdivision 4 and 5 of this subsection for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subsection. If the county assessor becomes aware of nonconformities that have been discontinued for a period of more than one year, they will let the city know of these instances in writing. 5) If any nonconformity is substantially damaged, as defined in Subdivision 2 of this subsection, it may not be reconstructed except in conformity with the provisions of this subsection. The applicable provisions for establishing new 7.2 uses or new structures in Subdivisions 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 6) If any nonconforming use or structure experiences a repetitive loss, as defined in Subdivision 2 of this subsection, it must not be reconstructed except in conformity with the provisions of this subsection. 7) Any substantial improvement, as defined in Subdivision 2 of this subsection, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subdivision 4 or 5 of this subsection for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subd. 12. Penalties and Enforcement. a) Violation Constitutes a Misdemeanor. Violation of the provisions of this subsection or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. b) Other Lawful Action. Nothing in this subsection restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. c) Enforcement. Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 515.01 of the zoning code. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Subd. 13. Amendments. a) Floodplain Designation; Restrictions on Removal. The floodplain designation on the city’s zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 7.2 b) Amendments Require DNR Approval. All amendments to this subsection must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. c) Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subdivision 2 of this subsection. ARTICLE II. 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 7.2 7.2 7.2 7.2 7.3 7.3 7.3 7.3 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 7.4 CCRYYr COUNCIL STAFF REPORT Vacant Streets and Cold Storage Buildings Al_Demolition Contract Award - RECOMMENDATION FROM: John Sutter, Community Development Director DATE: August 16, 2016 TO: Anne Norris, City Manager (for August 16 meeting) SUBJECT: Consider contract award for demolition of the vacant streets/parks building and cold storage building at 6125 41St Avenue North (UPDATE) With Public Works now fully moved out of the former streets and cold storage buildings at 6125 41 st Avenue North, the time has come for demolition of those two buildings. To keep costs down, the city is using a competitive quotes process instead of a formal bidding process. Competitive quotes are allowed as an alternative to bidding for projects costing less than $100,000 (M.S. 471.345). Staff emailed packets to twelve demolition contractors on August 1 and nine contractors attended the mandatory walk- through at the site on August 8. At the deadline at 1:00 p.m. on August 15 seven quotes had been received. Kevitt Excavating of Crystal quoted the lowest price: Base Quote Additive Alternate Contractor (Streets Building 0 lye) (Storage Building)Total for both buildings 1 Devitt $45,984.73 $22,836.00 $66,82.0,73 1 2 Landwehr $64,865.00 $22,200.00 _ $87,065.00 , 3 Veit $74,845.00 $18,100.00 $92,945.00 4 Lloyd's $87,510.00 $18,950.00 $106,460.00 5 Bolander $59,750.00 $47,900.00 - $107,650.00 6 Bollig $79,950.00 $30,000.00 $109,950.00 7 Urban $84,000.00 _ $26,750.00 $110,750.00 Kevitt is an experienced demolition contractor and they have previously done work for the city. In 2014 the city hired them to demolish 4947 West Broadway (former Knights of Columbus hall) as part of the site preparations for the new Public Works facility. Then, as now, they provided a competitive price compared with other contractors. Staff recommends award of the demolition contract to Kevitt Excavating. PAGE 1 OF 1 Memorandum DATE: August 16, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director Brad Fortin, Parks/Building Superintendent SUBJECT: Purchase of a small parks utility vehicle Background The 2016 PIR includes the replacement of a 2001 Toro Workman # 120, BU #5077 has $18,000.00 allocated for this purchase. The new groomer will be purchased from Minnesota Equipment Incorporated for $14,364.28. Competitive bid was solicited from Minnesota Toro Incorporated for a price of $15,541.69. The existing unit is over 15 years old and has been used primarily as a ball field maintenance unit. Due to unreliable operation, this unit is used as a backup. In an effort to make public works equipment more versatile, the new unit will not only be equipped for ball field maintenance but also other general park operations, such as irrigation, landscaping and streetscape maintenance. This price includes a sunshade type cab, hazard lights (for street driving), and a field drag. Recommended Action Motion to approve the resolution authorizing the purchase of the new parks small utility vehicle. 7.5 RESOLUTION NO. 2016- _____ APPROVING THE PURCHASE OF A PARKS SMALL UTILITY VEHICLE WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, a small utility vehicle supports routine maintenance functions in City Parks including general park maintenance, landscaping, transporting staff around parks with minimal impact on turf, ball field grooming and preparation; and WHEREAS, the existing vehicle is not reliable, routinely down for maintenance, and hindering the City’s abilities to complete the needed field preparations for programed events; and WHEREAS, adequate funds are available in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the replacement purchase of a parks small utility vehicle. Adopted by the Crystal City Council this 16th day of August, 2016. Jim Adams, Mayor ATTEST: Kim Therres, Assistant City Manager 7.5 7.6 7.6 7.6 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 Posted: Aug. 12, 2016 City Council Second Work Session Agenda Aug. 16, 2016 Immediately following the regular City Council meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at ______ p.m. on Aug. 16, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Adams ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Ray ____ Kolb ____ Revering ____ Libby ____ Sutter ____ Parsons ____ Gilchrist ____ Peak II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Update on Bassett Creek Stabilization Project 2. Canadian Pacific Railroad (CPRR) Quiet Zone – review public comment received on revised layouts and discuss budgeting for implementation in 2017 3. Potential changes to rental licensing 4. Council goals and city manager monthly check-in 5. Constituent issues update 6. New business* 7. Announcements* * 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. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: August 16, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Update on the Bassett Creek Stream Bank Stabilization Project Background Last December the City entered into an agreement with the Bassett Creek Watershed Commission for the use of the channel maintenance funds to address some significant erosion along Bassett Creek North Branch. Earlier this year the Council authorized a contract with Barr Engineering Company to complete a survey of the areas with erosion and develop engineering plans to address the issues. The plans have been put out to contractors to provide quotes. An on-site meeting was held with the contractors in early August so they could tour the project area. Four contractors were contacted and three provided the following quotes: MN Native Landscapes: $26,550 Blackstone: $37,700 Jedlicki: $58,175 Wetland Habitat Restoration: Declined to bid. The Engineer’s estimate for this work was $22,425 with a total estimated project cost of $31,325. The watershed has agreed to pay for $31,675 of the project cost which is now $35,450 based on the quotes. This leaves $3,774 that needs to be covered by the City’s storm water utility fund. The original plan was for the full cost of the project to be covered by the Watershed’s Channel Maintenance Funds that had been allocated for Crystal. Because the erosion in the area is significant, it is recommended that the City cover the balance of the cost so that the project can move forward. One additional item that needs to be finalized is the access to the job site. At alternative method was identified during the on-site meeting and so the impacted property owners will be contacted in the coming weeks. Requested Action At the September 6th Council meeting the Council will be asked to approve the contract with MN Native Landscapes and amend the storm water utility budget to cover the balance of the project cost. PR O P O S E D R E N T A L L I C E N S I N G & I N S P E C T I O N C H A N G E S 1. P R O C E S S C H A N G E S A L R E A D Y I M P L E M E N T E D RE S U L T S a) Do n ' t j u s t p u s h p a p e r - c a l l t h e m . W e h a v e b e c o m e m o r e e f f e c t i v e a t p r o p e r t y m a i n t e n a n ce enforcement but with fewer administrative ci t a t i o n s a n d f i n e s . b) So f t e n t h e b l o w o f " b i g t i c k e t " r e p a i r o r d e r s ( r o o f , d r i v e w a y , e t c . ) 2. P R O P O S E D P R O C E S S C H A N G E S a) "T h a n k y o u " p o s t c a r d s f o r c o m p l e t i n g o r d e r s To b e i m p l e m e n t e d 4 Q 2 0 1 6 . Ol d - f a s h i o n e d t h a n k y o u n o t e s h a v e b e c o m e a l l - t o o - u ncommon, so they might be especially appreciated by t h e o w n e r s . W e w o u l d p r o d u c e t h e c a r d s i n - h o u s e and postage expense would be relatively low (a p p r o x . $ 5 0 0 / y e a r ) . b) Ex p a n d a c c e p t a b l e a r e a f o r r e q u i r e d l o c a l a g e n t . To b e i m p l e m e n t e d u p o n c o d e c h a n g e . Cr y s t a l i s i n t h e n o r t h w e s t p a r t o f t h e m e t r o , a n d the metro has grown since the rental ordinance was ad o p t e d 2 5 y e a r s a g o . T h e a d d i t i o n o f t h o s e f o u r c ounties will put Crystal in the center of the local area as d e f i n e d i n o u r o r d i n a n c e . 3. P R O P O S E D C O D E C H A N G E S G O V E R N I N G W H I C H P R O P E R T I E S A R E R E Q U I R E D T O B E L I C E N S E D A N D I N S P E C T E D : TY P E O F P R O P E R T Y W H A T D O E S S T A F F R E C O M M E N D ? HO W RE V E N U E W H Y E X E M P T T H E M ? Ta x - e x e m p t p a r s o n a g e s Ex e m p t f r o m r e n t a l l i c e n s i n g a n d i n s p e c t i o n re q u i r e m e n t s 3 $ 5 1 0 F r o m i n s p e c t o r e x p e r i e n c e , t h e s e p r o p e r t i e s n ever have issues of any sort. City retains normal, reactive en f o r c e m e n t p o w e r s i f c o n d i t i o n s d e t e r i o r a t e . St a t e - l i c e n s e d g r o u p ho m e s Ex e m p t f r o m r e n t a l l i c e n s i n g a n d i n s p e c t i o n re q u i r e m e n t s 27 $ 4 , 5 9 0 F r o m i n s p e c t o r e x p e r i e n c e , t h e s e p r o p e r t i e s rarely have maintenance issues. In some cases th ere are is s u e s w i t h r e s i d e n t b e h a v i o r a n d s t a f f p a r k i n g , b u t these cannot be addressed through the property ma i n t e n a n c e c o d e . T h e c i t y w o u l d p r e s u m e t h a t t h e state agency granting the license is ensuring that th e p r o p e r t y i s m a i n t a i n e d . C i t y r e t a i n s n o r m a l , r eactive enforcement powers if conditions deteriorat e. Re l a t i v e h o m e s t e a d s Ex e m p t f r o m r e n t a l l i c e n s i n g a n d i n s p e c t i o n re q u i r e m e n t s 73 $ 1 2 , 4 1 0 F r o m i n s p e c t o r e x p e r i e n c e , t h e s e p r o p e r t i es rarely have maintenance issues. City retains no rmal, re a c t i v e e n f o r c e m e n t p o w e r s i f c o n d i t i o n s d e t e r i o r a te. $1 7 , 5 1 0 TO T A L R E V E N U E R E D U C T I O N ( o f f s e t i n p a r t b y n a t u r a l increase in number of rentals ~$8,500/year) W r i t e a n a d v i s o r y c o m m e n t w h e n d e t e r i o r a t i o n s t a r t s t o b e c o m e a p p a r e n t a n d r e p l a c e m e n t o r si g n i f i c a n t r e p a i r w i l l l i k e l y b e n e e d e d w i t h i n n e x t f e w y e a r s . G r a n t e x t e n s i o n s d u e t o f i n a n c i a l d i f f i c u l t y , t i m i ng o f o t h e r p r o j e c t s , e t c . - i f i t ' s n o t a n im m e d i a t e h a z a r d o r s i g n i f i c a n t n e i g h b o r h o o d e y e s o r e, t h e n g i v e t h e m m o r e t i m e . W h e n a p r o p e r t y o w n e r i g n o r e s t h e r e p a i r o r d e r a n d su b s e q u e n t a d m i n i s t r a t i v e n o t i c e s a n d ex t e n d e d c o m p l i a n c e d a t e , d o n o t s e n d o u t a c i t a t i o n w i t h o u t f i r s t t r y i n g t o r e a c h o u t b y p h o n e o r em a i l . T h e i d e a h e r e i s , w h i l e t h e y s h o u l d r e a d t h e r e p e a t e d w r i t t e n n o t i c e s w e ' v e s e n t t h e m , we w i l l m a k e a n e x t r a e f f o r t t o r e a c h o u t i n f o r m a l l y b e f o r e t a k i n g e n f o r c e m e n t a c t i o n t h a t r e s u l t s in f i n e s . Th e b i g i t e m s s t i l l g e t d o n e - n o t r i g h t a w a y , b u t within a reasonable time period. We also do what w e ca n t o h e l p t h e p r o p e r t y o w n e r p l a n f o r b i g t i c k e t items in the coming years. Sh o r t h a n d - w r i t t e n n o t e s o n a p o s t c a r d , i n n o n - t e c h ni c a l , c o n v e r s a t i o n a l l a n g u a g e : " T h a n k y o u fo r c l e a n i n g u p t h e y a r d " , " T h a n k y o u f o r m a k i n g t h e r e p a i r s " , a n d s o f o r t h . If t h e o w n e r ' s a d d r e s s i s n o t w i t h i n t h e l o c a l a r e a , t h e n t h e o w n e r m u s t p r o v i d e c o n t a c t i n f o f o r a lo c a l a g e n t . T h e c o d e d e f i n e s t h e l o c a l a r e a a s t h e 7 - c o u n t y M e t r o p o l i t a n C o u n c i l a r e a (H e n n e p i n , R a m s e y , A n o k a , W a s h i n g t o n , D a k o t a , S c o t t a n d C a r v e r ) . S t a f f r e c o m m e n d s a d d i n g W r i g h t , S h e r b u r n e , I s a n t i a n d C h i s a g o c o u n t i e s t o t he l o c a l a r e a . CITY MANAGER WORK PLAN MONTHLY CHECK IN – AUGUST Goals: - Enhance and ensure timely, appropriate, efficient customer service and communications with the community, staff and Council o Monthly check in with Council o Constituent Issues – prompt response and resolution – on-going o Rental licensing changes – August 16 Council discussion - Implementation of City Council Vision/Goals o Final goals shared with Senior Staff  Thriving Business Climate  City Code Review Task Force  Fiscally Sound and Stable Financial Policies and Practices  Becker Park survey – future of Becker Park  Create Strong Neighborhoods  Night to Unite  CCPB – “We Care” signs  Community Outreach Task Force formalized  Becker Park survey - Long Range Financial Plan o Developing 2017 budget  Overhauled General Fund presentation and department goals Issue Type Key Summary Assignee Reporter Status Created Updated Issue CRCI-54 Stop Signs at Louisiana and 43rd Anne Norris Anne Norris New Issue 8/9/2016 12:43 8/9/2016 12:44 Issue CRCI-53 Crosswalks - 42nd and Hampshire Anne Norris Anne Norris New Issue 8/9/2016 12:41 8/9/2016 12:42 Open Issues (JIRA) Displaying 2 issues at 08/09/16 1:20 PM. 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