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2016.09.06 Council Meeting Packet Posted: Sept. 2, 2016 City Council Meeting Schedule Sept. 6, 2016 Time Type of meeting Location 6:15 p.m. First Council work session to discuss: • Legal services Conference Room A 6:45 p.m. EDA Regular Meeting Council Chambers 7 p.m. City Council meeting Council Chambers Immediately following the regular City Council meeting Second Council work session to discuss: • Phase 16 Feasibility • 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: Sept. 2, 2016 City Council First Work Session Agenda Sept. 6, 2016 6:15 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 Sept. 6, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Dahl ____ Norris ____ Deshler ____ Therres ____ Kolb ____ Ray ____ Libby ____ Revering ____ Parsons ____ Gilchrist ____ Peak ____ Adams II. Agenda The purpose of the work session is to discuss the following agenda item: 1. Legal services update 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: September 1, 2016 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Legal Services Update As part of its budget process, the City Council has requested annual updates from the city and prosecuting attorneys. Crystal has a long relationship with Kennedy & Graven for city attorney services and we are in the second year of a two year contract with Kennedy & Graven. The 2017 budget anticipates another contract with Kennedy & Graven. City Attorney Troy Gilchrist will be at the September 6 work session to update the Council on legal services. Prosecution services are provided to Crystal Police by MacMillan, Wallace & Athanases (MW&A). We are currently in the second year of a three year contract with MW&A. Peter MacMillan will be at the September 6 work session to update the Council on prosecuting services. City Council Meeting Agenda Sept. 6, 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 Presentation by Robbinsdale Area Redesign Program Director Melodie Hanson regarding the Helping Us Grow (HUG) Diaper Drive. 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 Aug. 16, 2016. 4.2 The regular City Council work session from Aug. 16, 2016. 4.3 The budget City Council work sessions from Aug. 15, 18 and 31, 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 temporary on-sale liquor permit for a church festival on Sept. 24, 2016, submitted by the Church of St. Raphael located at 7301 56th Ave. N. 5.3 Approval of three solicitor licenses for Marc Faulhammer, Arnold Ingram and Jason Sack of Window Concepts of Minnesota, Inc. to go door-to-door in Crystal from September 7 – December 31, 2016, offering free estimates and scheduling appointments for home improvement projects. 5.4 Approval of a resolution accepting the following donation: a. $250.91 from various donation boxes for Crystal K-9 Unit 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda Sept. 6, 2016 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 second reading and adoption of an updated floodplain ordinance. At its August meeting the Planning Commission considered changes required by FEMA to the flood plain ordinance. The Commission recommended approval of the updated floodplain ordinance. At its August 16 meeting, the City Council approved the first reading of the ordinance with these amendments. Recommend approval of the second reading of the updated floodplain ordinance. 7.3 The Council will consider a resolution awarding the Bassett Creek Bank Stabilization Project. Earlier this year the City Council authorized a contract with Barr Engineering to survey eroding stream bank areas along portions of Bassett Creek to develop a plan to address the erosion issues. The plan was developed and quotes were solicited for the work. Recommend approval of the resolution awarding the contract to MN Native Landscapes to perform this work and amending the storm water utility budget to meet project costs. 7.4 The Council will consider a resolution for reduction in the Gardendale Letter of Credit. The developer of Gardendale Subdivision, like most subdivision and development projects, provided a letter of credit to the city to guarantee the construction and installation of required improvements as part of the plat. Crystal City Council Meeting Agenda Sept. 6, 2016 The developer is requesting a reduction in the letter of credit based on work done; recommend approval of the resolution reducing this letter of credit. 7.5 The Council will consider a resolution adopting a proposed EDA (HRA) tax levy payable in 2017. The City Council has discussed the 2017 budget and preliminary levies, including the EDA (HRA) levy at multiple work sessions. The EDA funds are used for some staff costs and in 2017 will be used for design and engineering costs associated with updating the Bass Lake Road streetscape and other community image enhancements in commercial areas. This levy must be adopted by September 15, while the city’s other budgets and levies must be adopted by September 30. Recommend adoption of the resolution adopting the EDA (HRA) tax levy payable in 2017 in the amount of $277,204. 7.6 The Council will consider setting the date for discussion, public input and adoption of the final 2017 budget and tax levy. The City Council typically holds a “Truth in Taxation” hearing at its first meeting in December to consider the final 2017 budget and tax levy. Recommend setting December 6, 2016 as the date for discussion, public input and adoption of the final 2017 budget and tax levy. 8. Announcements a. Celebrate Constitution Week, September 17 – 23 by attending the Constitution Week event, Saturday, September 17, 1-4 p.m. at the Crystal Community Center, 4800 Douglas Drive. b. The next city council meeting is Sept., 20 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. c. Crystal Business Association meets Sept. 21 at 8:30 a.m. in the Community Room at Crystal City Hall, 4141 Douglas Drive. d. Quad Communities Beyond the Yellow Ribbon is hosting its second annual Glow Golf Tournament on Thursday Sept. 22 at 6 p.m. at the New Hope Golf Course. 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. Crystal City Council Meeting Agenda Sept. 6, 2016 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. Sept. 6, 2016 Meeting Schedule Time Type of meeting Location 6:15 p.m. First Council work session to discuss: • Legal services Conference Room A 6:45 p.m. EDA Regular Meeting Council Chambers 7 p.m. City Council meeting Council Chambers Immediately following the regular City Council meeting Second Council work session to discuss: • Phase 16 Feasibility • Constituent issues update • New business* • Announcements* Conference Room A * Denotes no supporting information included in the packet. Have a great, safe holiday weekend; see you at Tuesday’s meeting. Helping Us Grow (HUG) Diaper Drive / Awareness MELODIE HANSON, ROBBINSDALE AREA REDESIGN FAMILY SERVICE COLLABORATIVE 3.1 Helping Us Grow (HUG) No-cost home visiting program to any family expecting, adopting or with a newborn up to age two – began in 2001 as a pilot with North Memorial Hospital and the geographic area of Robbinsdale HUG now serves almost all of Hennepin County municipalities (excludes Bloomington, Richfield, Minneapolis) and also makes referrals to local community resources for those municipalities not served, as well as coordinated outreach and supports for young parents Provides one-on-one time with a licensed parent educator from Early Childhood Family Education, group literacy events in community settings and connections to community resources Served over 800 families in 2015 3.1 HUG birth data for City of Crystal: Calendar Year 2015 Total Births Moms 21 and Under Percent to moms 21 and under City of Crystal 322 26 8.1% Robbinsdale School District 1,437 119 8.3% Calendar Year 2014 Total Births Moms 21 and Under Percent to moms 21 and under City of Crystal 333 21 6% Robbinsdale School District 1,451 105 7% Source: Hennepin County Birth Data to HUG – live births only. Does not include high-risk births – possible failure to thrive. 3.1 Families identified resources needed: Cribs or pack-n-plays – work with county, county partners and Cradle of Hope on this need Car seats – work with New Hope police and SafeKids Coalition, Buckle Up For Kids Diapers! – One in three families struggle to provide their children with diapers 5.3 million children in the U.S. aged three or younger live in poor or low-income families Diapers cannot be obtained with food stamps Almost all daycares require use of disposable diapers Infants require approximately 12 diapers per day The lack of diapers can have profound and complex effects on children. The risks to children’s health are obvious: rashes, urinary tract infections, painful chafing. In addition, having an infant prone to fussing because of the discomfort of a constantly wet and dirty bottom was a major cause of emotional problems like stress, anxiety and depression in mothers. ("Poverty in 2013: When Even Diapers Are a Luxury | The Nation." Poverty in 2013: When Even Diapers Are a Luxury | The Nation. N.p., n.d. Web. 17 Nov. 2013.) 3.1 Feb February & October Daiper Diaper Drive During the months of February (month of love) and September (National Diaper Awareness Week), Crystal Community Center will be a HUG Diaper Drive collection site! THANK YOU!!! CCC was one of the most successful February collection sites, collecting 1,477 diapers, 300 wipes and $25.00 in financial contributions. HUG will provide a Pack-n-Play and posters/communication for donations Accepting: New packages of diapers Opened packages of diapers (child outgrew size – no longer needs) New packages of wipes Cash Donations through The Diaper Bank of Minnesota (501c3) 3.1 Additional HUG Diaper Drive Sites: BROOKLYN CENTER: Brooklyn Center Community Center Willow Lane Early Childhood Center (October) 6301 Shingle Creek Parkway 7020 Perry Avenue N Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Questions? 763-504-4983 Questions? 763-391-8777 CRYSTAL: Crystal Community Center 4800 Douglas Drive, Crystal, MN Questions? 763-504-4983 EDEN PRAIRIE: (October) Eden Prairie Educational Service Center Eden Prairie ECFE Lower Campus 8100 School Road, Eden Prairie, MN 8040 Mitchell Road, Eden Prairie, MN 55344 Questions? 763-504-4983 Questions? 763-504-4983 GOLDEN VALLEY: Brookview Community Center Sandburg Learning Center (Year Round/RM 50) 200 Brookview Parkway South 2400 Sandburg Lane Golden Valley, MN Golden Valley, MN 55427 Questions? 763-504-4983 Questions? 763-504-4983 MAPLE GROVE: Arbor View Early Childhood Center (October) 9401 Fernbrook Lane N Maple Grove, MN 55369 Questions? 763-391-8777 NEW HOPE: New Hope City Hall (August/September) New Hope Learning Center (Year Round) 4401 Xylon Avenue N 8301 47th Avenue North, New Hope New Hope, MN 55427 New Hope, MN Questions? 763-504-4983 Questions? 763-504-4983 ROBBINSDALE: Robbinsdale City Hall 4100 Lakeview Ave N, Robbinsdale, MN 55422 Questions? 763-504-4983 And there will be more sites added… VISIT HELPING US GROW WEB SITE AT: www.helpingusgrow.org Melodie Hanson, Program Director, HUG 763-504-4983 3.1 Thank you, City of Crystal! 3.1 City Council Meeting Minutes August 16, 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 August 16, 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, the following attendance was recorded: City Council members present: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent: Kolb. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter, City Planner D. Olson and Police Chief S. Revering. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. Introduction of Recreation Director Mayor Adams introduced Recreation Director John Elholm. 2. Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Peak and seconded by Council Member Parsons to approve the agenda. Motion carried. 3. Appearances Police Chief Revering recognized 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 considered the minutes from the following meetings in a single motion: a. The regular City Council meeting from July 19, 2016. b. The Council work sessions from July 19, 2016. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 4.1 City Council Meeting Minutes August 16, 2016 Page 2 of 5 Moved by Council Member Dahl and seconded by Council Member Deshler to approve the above minutes in a single motion. Motion carried. 5. Consent Agenda The Council considered 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 Resolution No. 2016-102, 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.) 5.4 The Council will consider Resolution No. 2016-103, ordering preparation of an assessment roll, declaring the amount to be assessed and setting the date for 2016 delinquent accounts. Moved by Council Member Parsons and seconded by Council Member Dahl to approve the consent agenda. Motion carried. 6. Open Forum No public comment was given during open forum. 7. Regular Agenda 7.1 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 Peak to approve the list of disbursements over $25,000. Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried. 4.1 City Council Meeting Minutes August 16, 2016 Page 3 of 5 7.2 The Council considered first reading of an updated floodplain ordinance. City Planner D. Olson addressed the Council. Moved by Council Member Parsons and seconded by Council Member Peak to adopt the following ordinance: ORDINANCE NO. 2016 – 04 AN ORDINANCE AMENDING SECTION 515.61 OF THE CRYSTAL CITY CODE REGARDING FLOODPLAIN REGULATIONS And further, that the second and final reading will be held on September 6, 2016. Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried. 7.3 The Council considered second reading and adoption 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 Peak and seconded by Council Member Parsons 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 this is the second and final reading. Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried. 7.4 The Council considered proposals for demolition of the vacant Streets/Parks building and metal pole building at 6125 41st Avenue North. Community Development Director J. Sutter addressed the Council. 4.1 City Council Meeting Minutes August 16, 2016 Page 4 of 5 Moved by Council Member Peak and seconded by Council Member Deshler to approve awarding demolition of the above buildings to the following contractor: Kevitt. Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried. 7.5 The Council considered a resolution approving a PIR replacement purchase of a parks small utility vehicle. Public Works Director M. Ray addressed the Council. Moved by Council Member Parsons and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 104 APPROVING THE PURCHASE OF A PARKS SMALL UTILITY VEHICLE Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried, resolution declared adopted. 7.6 The Council considered a resolution establishing the Crystal Community Outreach Task Force. City Manager A. Norris addressed the Council. Moved by Council Member Parsons and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 105 RESOLUTION ESTABLISHING THE CRYSTAL COMMUNITY OUTREACH TASK FORCE Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried, resolution declared adopted. 4.1 City Council Meeting Minutes August 16, 2016 Page 5 of 5 7.7 The Council considered a resolution approving a loan agreement between Crystal and Crystal Little League. City Manager A. Norris addressed the Council. Moved by Council Member Deshler and seconded by Council Member Peak to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 106 RESOLUTION APPROVING A LOAN AGREEMENT BETWEEN THE CITY AND CRYSTAL AMERICAN LITTLE LEAGUE, INCORPORATED Voting aye: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent, not voting: Kolb. Motion carried, resolution declared adopted. 8. Announcements The Council made several announcements about upcoming events. 9. Adjournment Moved by Council Member Peak and seconded by Council Member Parsons to adjourn the meeting. Motion carried. The meeting adjourned at 7:45 p.m. ____________________________ Jim Adams, Mayor ATTEST: _____________________________ Kim Therres Assistant City Manager/Human Resources Manager 4.1 City Council second work session minutes August 16, 2016 Page 1 of 1 (The first work session originally scheduled for 6:30 p.m. was canceled in order to allow staff to collect new information after meetings being held later in the week.) 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 7:54 p.m. on Aug. 16, 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: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent: Kolb. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, City Engineer/Public Works Director M. Ray, Community Development Director J. Sutter and Police Chief S. Revering. II. Agenda The Council and staff discussed 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 III. Adjournment The work session adjourned at 8:46 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 City Council budget work session minutes August 15, 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 budget work session of the Crystal City Council was held at 6:30 p.m. on Aug. 15, 2016 in the Community Room at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The city clerk recorded the following attendance: City Council members present: Adams, Dahl, Deshler, Libby, Parsons and Peak. Absent: Kolb. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Finance Director C. Hansen, Fire Chief S. Larson, City Engineer/Public Works Director M. Ray, Police Chief S. Revering, Community Development Director J. Sutter and City Clerk C. Serres. II. Agenda The Council and staff discussed the following agenda items: 1. Review 2017 General Fund Budget 2. Pool Bonds Debt Service Fund Budget 3. Economic Development Authority (EDA) Budget 4. Tax Increment Financing (TIF) Budget III. Adjournment The budget work session adjourned at 7:50 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres City Clerk 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 4.3 City Council budget work session minutes August 18, 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 budget work session of the Crystal City Council was held at 6:34 p.m. on Aug. 18, 2016 in the Community Room 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: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Finance Director C. Hansen, City Engineer/Public Works Director M. Ray, Community Development Director J. Sutter and Police Chief S. Revering. II. Agenda The Council and staff discussed the following agenda items: 1. Review Capital Budgets:  Permanent Improvement Revolving Fund (PIR)  Police Equipment Revolving Fund (PERF)  Major Building Replacement Fund  Fire Equipment Revolving Fund (FERF)  Street Maintenance Fund  Street Reconstruction Fund III. Adjournment The budget work session adjourned at 8:09 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 4.3 City Council budget work session minutes August 31, 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 budget work session of the Crystal City Council was held at 6:30 p.m. on Aug. 31, 2016 in the Community Room 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: Adams, Dahl, Deshler, Kolb, and Peak. Absent: Libby and Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Fire Chief S. Larson, City Engineer/Public Works Director M. Ray, Police Chief S. Revering and Community Development Director J. Sutter. II. Agenda The Council and staff discussed the following agenda items: 1. 2017 Utility Operating and Capital Budgets and Utility Rates 2. Any other2017 budget discussion 3. Night to Unite Recap 4. Blue Line Update 5. Apple Valley Senior Living Revenue Bonds III. Adjournment The budget work session adjourned at 9:24 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 4.3 5.1 Page 1 of 2 Applications for City License September 6, 2016 Carnival with Games Brunswick United Methodist Church 6122 42nd Ave N Crystal, MN 55422 (9/17/16) Gas Installer Titan Heating and Cooling Inc 7610 Jasmine Ave S Cottage Grove, MN 55016 Twin City Mechanical 2141 108th Lane NE Blaine, MN 55449 Plumber A-Aaron’s Inc P O Box 712 Chanhassen, MN 55317 Center Point Plumbing 20129 Wolverine St NW Elk River, MN 55330 Giese’s Plumbing and Services 17380 62nd Street New Germany, MN 55367 Rental - New 6817 39th Ave N – AGA Realty LLC (Conditional) Rental - Renewal 5648 Adair Ave N – Iasis IV LLC (Conditional) 5023 Angeline Ave N – JDA Group LLC 6425 Cloverdale Ave N – Surinder Mohan Sharma 5732 Elmhurst Ave N – B & J Hedlund 5150 Florida Ave N – Gina Kilgore (Conditional) 5401 Georgia Ave N – Jon Huelskamp 4709 Hampshire Ave N – Iasis II LLC (Conditional) 4824 Hampshire Ave N – Jeffrey and Victoria Daley (Conditional) 4840 Hampshire Ave N – John P and Linda A McGraw 3409 Kyle Ave N – David O’Brien (Conditional) 6920 Lombardy La N – Tamara K Miller 3337 Nevada Ave N 3703 – Elizabeth (Svoboda) Velasco 3540 Noble Ave N – TMC Management Corp 5844 Orchard Ave N – Libman Bros LLC (Conditional) 5641-5643 Perry Ave N – Park Ave Homes LLC (Conditional) 5717 Perry Ave N – Gonzalo and Sarah Davila (Conditional) 5825 Perry Ave N – Danny Vo & Christina Duong 3548 Quail Ave N – Vincent Martin (Conditional) 5932 Rhode Island Ave N – Kurt and Stacey Kuhlman 5719 Twin Lake Ter – Sam Rousse 3217 Utah Ave N – Jason Flaa 5900-5920 West Broadway – Virginian Partners LLC (Conditional) 4230 Xenia Ave N – Danny Vo and Christina Duong 5225 Xenia Ave N – Sudi Jannafpour 5509 Yates Ave N – Warren Jeung 5635 Yates Ave N – Estate of Jack Zemke 3160 Yukon Ave N – Lisa Hathy and Michael Lungstrom 7224 33rd Ave N – Jeffrey Rutter 5702 34th Ave N – Shawn and Gina Chavez (Conditional) 5.1 Page 2 of 2 5800 36th Ave N – Good Enterprises (Conditional) 6908 42nd Ave N – Jeffrey Berkowitz 6325 52nd Ave N – JNF Properties 3 LLC 6611 52nd Ave N – JNF Properties 4 LLC 6635 52nd Ave N – JNF Properties 5 LLC (Conditional) 6729 52nd Ave N – Chris and Christina Jensen 7127 52nd Ave N – Theron Fraser (Conditional) 5700 57th Ave N – Gerald R Ziemiecki (Conditional) 4709-4717 58th Ave N – MAP Investments LLC Sign Hanger Serigraphics Sign Systems 2401 Nevada Ave N Golden Valley, MN 55427 Signs by RSG 37464 Jasper St NW Dalbo, MN 55017 5.2 MEMORANDUM DATE: September 1, 2016 TO: Crystal City Council City Manager Anne Norris FROM: Administrative Services Coordinator Trudy Tassoni SUBJECT: Solicitation license for Window Concepts of Minnesota, Inc. Window Concepts of Minnesota, Inc. is requesting a solicitation license for Marc Faulhammer, Arnold Ingram and Jason Sack to go door-to-door in Crystal through December 31, 2016, offering free estimates and scheduling appointments for home improvement projects. All three applicants passed a criminal history check conducted by the Police Department. Council Action Requested As part of the Consent Agenda, approve the solicitation license for Marc Faulhammer, Arnold Ingram and Jason Sack of Window Concepts of Minnesota, Inc. to go door-to- door in Crystal through December 31, 2016, offering free estimates and scheduling appointments for home improvement projects. The applications are available for review in the city clerk’s office. COUNCIL STAFF REPORT Consent Agenda: Solicitor License September 6, 2016 Council Meeting 5.3 City of Crystal Resolution No. 2016 - RESOLUTION ACCEPTING DONATIONS FROM VARIOUS INDIVIDUALS 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 Various individuals (K-9 Donation Boxes) Crystal K-9 Unit $250.91 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the various individuals for their generous donations. Dated: September 6, 2016 By:__________________________ Jim Adams, Mayor ATTEST: _________ Chrissy, Serres, City Clerk 5.4 7.1 PAGE 1 OF 4 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: September 1, 2016 TO: Anne Norris, City Manager (for September 6 meeting) SUBJECT: Consider second reading of an ordinance revising the City’s Floodplain Overlay District (City Code Section 515.61) and adoption of a resolution approving summary language of the ordinance for publication 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. The City Council is being asked to adopt the new ordinance in Attachment B and the resolution in Attachment F approving summary language of the ordinance for publication. COUNCIL STAFF REPORT Zoning Code Text Amendment for revisions to the City’s Floodplain Overlay District 7.2 PAGE 2 OF 4 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 of the city) D. Map showing parcels in the floodplain (central part of the city) E. Map showing parcels in the floodplain (entire city) F. Resolution B. DRAFT ORDINANCE AND MAP The city‘s floodplain ordinance and map were last updated in 2004. Attachme nt 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 7.2 PAGE 3 OF 4 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 precipitatio n rain events for which the impact on flooding was inconsistent with the flood elevations found in the 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 inc orporated 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 lender’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. 7.2 PAGE 4 OF 4 C. REQUESTED ACTION At the August 16, 2016 City Council meeting the Council approved the first reading of the text amendment to the city’s Floodplain Overlay District (City Code Section 515.61). The proposed schedule for adopting a new ordinance is as follows: Sep. 15 Summary of ordinance published Oct. 15 Effective date of ordinance and map City Council actions requested: 1. Second reading and adoption of the ordinance in Attachment B 2. Adoption of the resolution in Attachment F summary publication 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 1 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 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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 19 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 20 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 21 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 22 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 23 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 24 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: August 16, 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 484929v1 CR225-423 Attachment F CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2016-____ RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE # 2016-___ WHEREAS, the Crystal City Council adopted Ordinance # 2016-___ “An Ordinance Amending Section 515.61 of the Crystal City Code Regarding Floodplain Regulations” (“Ordinance”) at its meeting held on September 6, 2016; and WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal City Code indicate that ordinances approved by the City Council will be published in summary form and that the City Council must approve the form of the summary. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the following summary language is hereby approved for publication of the Ordinance: CITY OF CRYSTAL AN ORDINANCE AMENDING SECTION 515.61 OF THE CRYSTAL CITY CODE SUMMARY OF ORDINANCE #2016-____ Ordinance No. 2016-____has been approved by the city council on September 6, 2016. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The ordinance amends Section 515.61, “Floodplain Overlay” by making various changes to the ordinance as required by FEMA. The amendment deletes the previous version of Section 515.61and provides new regulations of the development in flood hazard areas of the City and is adopted to comply with the rules and regulations of the National Flood Insurance Program. The amendment defines the lands subject to floodplain regulations, establishes flood districts, defines the allowed uses in those districts, and defines the enforcement of the section. BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do each of the following: 1. Publish the approved summary language once in the City’s official newspaper; 2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of 7.2 DRAFT 8-17-16 2 484929v1 CR225-423 the summary language in the City’s ordinance book; 3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk during the City’s regular business hours; 4. Incorporate the text of the Ordinance into the Crystal City Code; and 5. Post the updated Crystal City Code on the City’s website. Adopted this 6th day of September, 2016. BY THE CITY COUNCIL _________________________________ Jim Adams, Mayor ATTEST: ________________________________ Christina Serres, City Clerk 7.2 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 Memorandum DATE: September 6, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Gardendale reduction in Letter of Credit Background Earlier this year as part of the Development Agreement with SVK Development LLC for the Gardendale project a Letter of Credit was required. The letter of credit is available to the City to ensure completion of the project and warranty of the improvements. The letter of credit for this project was $304,700 and was determined based on the estimated costs of the work. The majority of the improvements for the items that will be publicly owned have been completed to the satifcation of the City. The remaining items to be completed are: • The new catch basin and connection storm pipe in the back yards of the proposed new homes on the west side of Georgia Ave N. • The final wear paving of Georgia Ave N. The milling and final paving of intersection of 32nd and Georgia Ave N. • The new landscaping (trees, other vegetation). • Some minor warranty concrete work (to be done before final paving). Per Section 3.3b of the Development agreement, it is recommended that the Letter of Credit be reduced to $76,175 which is 25% of the total original amount. Requested Action Motion to approve the Resolution authorizing the reduction in the Letter of Credit for the Gardendale project to $76,175. 7.4 RESOLUTION NO. 2016- _____ AUTHORIZING THE REDUCTION IN THE LETTER OF CREDIT FOR SVK DEVELOPMENT LLC WHEREAS, the City has entered into an agreement with SVK Development LLC for the Gardendale Development project; and WHEREAS, the majority of the public improvements are complete; and WHEREAS, the City has inspected the public improvements and has determined they are in adherence to plans and specifications; and WHEREAS, the Development Agreement allows for a reduction in the Letter of Credit based on work satisfactorily completed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows; 1. The City Council hereby approves the reduction in the Gardendale Development letter of credit for SVK Development LLC to $76,175. 2. All terms and conditions of the original letter of credit, other than the reduced amount, shall remain in effect. 3. The City Council authorizes the Mayor, City Manager, City Engineer and the City Attorney to take such action as may be needed to document and finalize the reduction of the letter of credit to $76,175. Adopted by the Crystal City Council this 6th day of September 2016. Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 7.4 7.5 7.5 7.6 Posted: Sept. 2, 2016 City Council Second Work Session Agenda Sept. 6, 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 Sept. 6, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Dahl ____ Norris ____ Deshler ____ Therres ____ Kolb ____ Ray ____ Libby ____ Revering ____ Parsons ____ Gilchrist ____ Peak ____ Adams II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Phase 16 Feasibility 2. Constituent issues update 3. New business* 4. 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: September 6, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: Phase 16 Reconstruction – Accept Feasibility Report and Order Improvement Hearing Summary Phase 16 is proposed to take place in 2017. Street reconstruction projects last around two years from design to final project closeout. At the September 20th Council meeting the Council will be asked to accept the feasibility report and call for the improvement hearing for October 18, 2016. The purpose of this hearing is for the City Council to discuss a specific local improvement before ordering it done. The Council considers all the information in the Feasibility Report and any other information necessary for Council deliberation. At the Improvement Hearing interested persons may voice their concerns, whether or not they are in the proposed assessment area. If the Council rejects the project, it may not reconsider that same project unless another hearing is held following the required notice. Approving the feasibility report item on September 20th will be the second of six Council meetings, over the next year, where project items will come to the Council for consideration and proposed action. Opportunities for public input have and will continue to occur throughout the project. • A questionnaire was mailed out to properties in the project area earlier this summer. • The questionnaire will again be mailed to all properties that did not return their questionnaire. • Neighborhood meetings will occur on October 6 and another one in early winter 2017. • Public hearings will occur in the fall of 2016, spring 2017, and fall 2017. • Residents may contact City staff assigned to the project anytime. • Both City staff and consultant staff will be in the field during construction. Feasibility Report Key Project Aspects Utility issues are the primary project aspects. The sanitary sewer on a portion of Regent Avenue will need to be replaced. Due to the depth and width of the excavation needed for that work, the water main and storm sewer will be replaced as well as they will be impacted by the size of the excavation. Storm water drainage in the area of 61st and Douglas Dr is a major existing challenge. During high precipitation events there is localized flooding in this area and while it does not impact properties, the roads are impassable. Due to the volume of water that is causing the flooding a number of alternatives are being explored to try and address the issue. If an underground infiltration system is installed, the water main will need to be relocated to the west side of Douglas Drive. The existing storm water pipe under 57th Avenue east of Yates Ave N is also in poor condition and will be replaced as part of this project. Due to the very flat street grades in the project area, the plan currently calls for all the existing curb to be removed and replaced. However, this decision is not final until the detailed survey work for the area is completed and reviewed. Feasibility Report Key Topics for Discussion As with previous projects, it is proposed that the local streets with either no curb or existing curb to be removed be rebuilt to a width of 28 feet. The Municipal State Aid (MSA) streets will be 32 feet in width with parking allowed on only one side. Over the past few months individual properties have been contacted for input on a variety of topics. The topics and decisions are as follows: 1) Sidewalks – no new sidewalks will be included as part of this project. 2) Streets to no where – The dead end streets with two driveways will be rebuilt 22 feet wide and the streets to one property will be 16 feet wide. 3) 60th Avenue between Quail Ave and the airport- Will be removed and not be rebuilt. Turn arounds will be constructed at the end of each street. 4) Bump out at 56th Place N and Perry Ave N – The existing bump out in the curve will be put back in the same general location (minor modifications may occur). A portion of the section of road on the east side just north of the bump out will be altered a bit to reduce the impervious area. Project Funding The main funding mechanisms for the Street Reconstruction Project are street assessments, storm water utility fund, and MSA funds. After using the established processes for determining how much each of these mechanisms will provide in funding the cost of the project still exceeds the revenue identified. The Street Reconstruction Fund is then used after applying the proposed street and curb Assessment amounts; the Street Reconstruction Fund is then used to close the gap between the estimated project cost and revenue identified through existing mechanisms. Attachments • Phase 16 Location Map • Phase 16 Project Process Schedule • Phase 16 Project Cost Summary Recommended Action Present the feasibility report and discuss proposed agenda item. 56TH AVENUE HA M P S H I R E A V E N U E 60TH AVENUE 62ND AVENUE L A K E L A N D A V E N U E B N S F R A I L R O A D 8 1 60TH AVENUE 58TH PLACE 61ST AVENUE QU A I L A V E N U E 58TH AVENUE 62NDAVENUE 57TH AVENUE 60TH AVENUE YA T E S A V E N U E 59TH AVENUE 57TH AVENUE PE R R Y A V E N U E 56THAVENUE O RCHAR DAVENUE W E S T B R O A D W A Y AD A I R A V E N U E LOMBARDY LANE 59TH AVENUE LOMBARDY LANE Q U A I L A V E N U E CLOVERDALEAVENUE 57TH AVENUE CRYSTAL AIRPORT ROAD B A S S L A K E R O A D RE G E N T A V E N U E XE N I A A V E N U E WE L C O M E A V E N U E 56TH PLACE ZANE PLACE 57TH AVENUE 60TH AVENUE FL O R I D A A V E N U E ID A H O A V E N U E 61ST AVENUE WILLOW B E N D TO L E D O A V E N U E A D A I R A V E N U E UN I T Y A V E N U E PE R R Y A V E N U E LA K E L A N D A V E N U E CLOVERDALE AVENUE 58TH AVENUE DUDLEY AVENUE WE L C O M E A V E N U E XE N I A A V E N U E 61ST AVENUE MA J O R A V E N U E OR C H A R D A V E N U E 8 1 CLOVERDALE AVENUE BRENTWOOD AVENUE C O U N T Y R O A D 8 1 OR C H A R D A V E N U E DO U G L A S D R I V E BR U N S W I C K A V E N U E VE R A C R U Z A V E N U E HA M P S H I R E AV E N U E E L M H U R S T A V E N U E C OLORADO AVENUE ZA N E A V E N U E S H E R B U R N E A V E N U E S C O T T A V E N U E 58TH AVENUE TW I N L A K E T E R R A C E B N S F R a i l r o a d Becker Park CrystalShoppingCenter CRYSTAL AIRPORT BASS LAKE ROAD North Bass Lake Park Skyway Park Crystal Airport Ci t y o f B r o o k l y n C e n t e r City of Brooklyn Park Twin Lake Twin Oaks Park 63 0 5 63 1 5 63 2 3 63 2 9 64 0 5 64 0 9 64 1 5 65 0 1 65 0 7 65 1 5 65 2 3 66 0 1 61 0 5 63 0 6 63 1 2 63 1 8 63 2 4 64 0 0 64 0 6 64 1 2 64 1 8 63 0 1 63 0 7 63 1 3 63 1 9 63 2 5 64 0 1 64 0 7 64 1 3 64 1 9 63 0 0 63 0 8 63 1 6 63 2 4 64 0 0 64 1 6 64 2 0 64 2 4 63 0 5 63 1 3 63 2 1 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CRYST137726 FIGURE 1 PHASE 16PHASE 16 LOCATION MAPLOCATION MAP Pa t h : P : \ A E \ C \ C r y s t \ 1 3 7 7 2 6 \ G I S \ M a p s \ F i g u r e 1 L o c a t i o n M a p . m x d Da t e : 8 / 1 8 / 2 0 1 6 Legend Project Limits Citylimits City of Brooklyn Center City of Brooklyn Park Area Not in Study September 1, 2016 G:\Council Executive Summaries\2016\Workshops\9.6.16\Attachment 2.docx 2016 – Phase 16 Skyway Street Reconstruction Project Process (2016-16) 429 process: Minnesota State Statute 429 outlines the process for assessments for public improvements. Rev.5/4/16 Date Project Step Purpose of Step Council Action Staff Action May 17, 2016 Council work session on Feasibility Report Discuss Phase 16 project and first steps of starting design. June 7, 2016 Order preparation of Feasibility Report Ordering the Feasibility Report is a required step in the 429 process. Resolution 2016 September 6, 2016 Council Work session Update Provide the Council with information on the Feasibility Report and the next required steps. September 20, 2016 Accept Feasibility Report and Call for Improvement Hearing The engineer will present the Feasibility Report, the proposed project, an initial cost estimate and potential assessments. As part of the meeting the City Council will also set the date and time for the Improvement Hearing as required by the 429 process. Resolution 2016 October 6, 2016 Neighborhood Meeting Provide a brief overview of the proposed project. Gather resident input on concerns or questions they have about the project. Meeting will be in the Community Room from 6pm to 8pm. Mail Notices late September 2016 October 18, 2016 Improvement Hearing The purpose of this hearing is for the City Council to discuss a specific local improvement before ordering it done. The Council considers all the information in the Feasibility Report and any other information necessary for Council deliberation. At the Improvement Hearing interested persons may voice their concerns, whether or not they are in the proposed assessment area. A reasonable estimate of the total amount to be assessed and a description of the methodology used to calculate individual assessments for affected parcels must be available at the hearing. If the Council rejects the project, it may not reconsider that same project unless another hearing is held following the required notice. Public Hearing Mail notice: late September 2016 Ad in paper: Last week in September and first week in October October 18, 2016 Order Improvement and Preparation of Plans and Specifications The project may be ordered any time within 6 months after the Improvement Hearing. It is not advisable to change project parameters after ordering the improvement. Upon ordering the improvement construction drawings and specifications are prepared. Any changes to the project scope after this point will require redesign effort with additional cost and staff time as a result. This also has the potential to delay the project. Resolution 2016 January 12, 2017 Neighborhood Meeting Present plans and specifications to the neighborhood. Gather resident input on concerns or questions they have about the project. Mail notice: Late December 2016 February 7, 2017 Approve Plans and Order Advertisement for Bids This step is a requirement of the 429 process. Resolution 2017 Mid February 2017 Publish Ad for Bid in Sun Post News Paper A step in the bidding process. The project will also be advertised on Quest CDN website Publish Ad for Bid March 16, 2017 Bid Opening – 11:00 A.M. Final step in the bidding process. Bids are opened by staff and tabulated. From here staff will make a recommendation to the City Council for award. Open Bids March 21, 2017 Declare Amount to be assessed Order Preparation of Assessment Roll and Call for Assessment Hearing The City Council will set the date and time for the Assessment Hearing as required by the 429 process. Resolution 2017 April 4, 2017 Council work session on Phase 16 Discuss Phase 16 assessments, bids, and construction process September 1, 2016 G:\Council Executive Summaries\2016\Workshops\9.6.16\Attachment 2.docx Date Project Step Purpose of Step Council Action Staff Action April 18, 2017 Assessment Hearing The purpose of this hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. This is a required step in the 429 process. Public Hearing Mail notice: Early April Ad in paper: Early April April 18, 2017 Adopt Assessments City Council must, by resolution, adopt the same as the special assessment against the lands named in the assessment roll. This step is a requirement of the 429 process and allows for the project to move forward with beginning the actual construction process. Once the assessment roll is adopted the assessments are set and become liens against the properties listed. Resolution 2017 Mail notice of adoption on April 19, 2017 April 18, 2017 Accept Bids and Award Contracts City Council approves all the project construction-related contracts. This step is required in the 429 process and allows for the project to move forward with starting the actual construction process. Resolution 2017 Late April – Early November 2017 Construction Once the project is awarded staff manages the day-to-day contract execution. Resident Project Representative is on-site to make sure the project is constructed in accordance to the plans and specifications. Communications between the contractor and city is primarily through the City Engineer, Project Manager and Resident Project Representative. Significant changes will be brought to the City Council for approval prior to the work being executed. Minor changes and field directives are authorized by the City Engineer in advance to maintain the project schedule. Adjustments to estimated quantities occur during the final acceptance of the improvements. Manage project October 17, 2017 Conduct Private Driveway and Sewer Service Repair Assessment Hearing and Adopt Assessment This hearing is only for the properties that chose to participate in the optional driveway and/or sewer program. Properties that went ahead with the work did agree to waive their right to appeal the assessment. The purpose of this hearing is to give property owners an opportunity to express concerns about the actual special assessment. At the Assessment Hearing the City Council shall hear and consider all objections to the proposed assessment, whether presented orally or in writing. Resolution 2017 / Public Hearing November 21, 2017 Assessments Certified to Hennepin County Assessments Certified June 2018 Final Layer of asphalt placed Construction Completion The City Engineer will determine when the project specifications have been met and final payment should be made to the Contractor. Project closed out CRYSTAL, MINNESOTA 2017 - PHASE 16 SKYWAY PARK STREET RECONSTRUCTION CITY PROJECT NO. 2016-16 SEH NO. CRYST 137726 Summary of Project Costs and Funding Sources - Feasibility Report Date: August 23, 2016 Revised Date: August 25, 2016 P:\AE\C\Cryst\137726\4-prelim-dsgn-rprts\43.54-Qtys\[Opinion Cost & Financing Ph 16 Feasibility Report.xlsx]Sum Project Costs AB C Line No Description Amount 1 Bid Documents Engineers Estimate - Total Construction Cost Anticipated March 2017 3 Opinion of Probable Cost - Total Construction Cost $7,583,002.01 4 Less Private Driveways $480,885.94 5 Less Private Utility Work $277,548.27 6 Opinion of Probable Cost - Total Construction Cost without Private Costs or Admin $6,824,567.80 7 Total Project Cost = Apparent low bid less Private Work plus 20% admin)$8,189,481.36 8 Less Public Sanitary Sewer & Water Utility Work $1,334,292.66 9 Less Crystal Storm Sewer Work $1,086,009.08 10 Less Other Community Storm Sewer Work $0.00 11 Total Street Project Cost including Admin $5,769,179.62 12 13 MSA Street Project Cost - Opinion of Probable Cost $521,558.73 14 Total Cost to be Assessed $4,557,186.00 15 Street Reconstruction Fund $598,331.96 16 Surrounding Community Receiving Benefit $92,102.94 17 Total Over / Under Run $0.00 19 Opinion of Probable Cost - Crystal Storm Sewer Project Cost $1,086,009.08 20 21 MSA Storm Project Cost - Opinion of Probable Cost $156,569.09 22 Storm Drain Utility Remaining Project Cost $929,439.99 23 Storm Drain Utility Fund Allocation (2016 CIP) $856,000.00 24 Total Over / Under Run $73,439.99 STREET STORM SEWER 2017 - Phase 16 Skyway Park Street Reconstruction Council Workshop Crystal, Minnesota City Project No. 2016-16 September 6, 2016 -A SEH D" 11 cif' 't, fi I.S . - ; 61W L 7 '-6. 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FACE TO FACE 14' M(fl4F- AR 2 REACTION ICRCMW DRIVE LANE j DRIVE LANE 1 Ii%LflW I � I SEE MSFT --J i' MAW TILE a DRAIN 71LE PROPOSED 8618 CONC CURB & GUTTER O GE07EXTILE FABRIC VLL BE INSTALLED AS NECESSARY AS A FIELD DECISION ® SEE FIGURE 8 FOR LOCATIONS 6�� PHASE 1FI �Ri''Sl' ]3Ti28 SEH ��,,� - MSA STREET Erml STRUCTION 3r FIGURE 2' REACTION AREA r 6v 24' PACE TO 13 15' 3'A 3R S TOPSOIL do SOD sm I & TOPSOIL SOIL AN GUTTER PROPOSED 6818 CONCRETE CURB 4• DRAIN TILE 7O AND GUTTER IV 1.5' TYPE SP WEARING COURSE MIXTURE BIT. TACK COAT 2• TYPE LY NON—WEARING COURSE MIXTURE 6' FULL—DEPTH RECYCLED AGGREGATE BASE CLASS 7 GEOTEXTILE FABRIC O6 O1 26FACE TO FACE LOCATIONS: • DOUGLAS DRIVE O 22' FACE TO FACE LOCATIONS: 57TH AVENUE BETWEEN 270' WEST OF REGENT AVENUE AND REGENT AVENUE • 58TH AVENUE BETWEEN 270' WEST OF REGENT AVENUE AND REGENT AVENUE 59TH AVENUE BETWEEN 270' WEST OF REGENT AVENUE AND REGENT AVENUE O 18' FACE TO FACE LOCATIONS: 58TH AVENUE BETWEEN BRUNSWICK AVENUE AND 130' EAST OF YATES AVENUE ® 16' FACE TO FACE LOCATIONS- . OCATKNJS• VERA CRUZ AVENUE BETWEEN 57TH AVENUE AND 150' NORTH OF 57TH AVENUE O5 PERMANENT ROAD CLOSURE LOCATIONS- . OCATIONS• 60TH AVENUE BETWEEN 270' WEST OF REGENT AVENUE AND QUAIL AVENUE © GEOTEXTILE FABRIC WILL BE INSTALLED AS NECESSARY AS A FIELD DECISION O7 SEE FIGURE 8 FOR LOCATIONS OB SEE FIGURE 6 FOR LOCATIONS PHASE 16 CRYST 1FILE 37728 SEH ��"'A`' TYPICAL SECTION — LOCAL STREET RFAOILSiRUC7M 2d' FIGURE 4 Legend all ' : Protect Umns Z e Edi ns ■w � �` I IIiirFF�t�t{t r. i ,1 p. � 6 � ml jI ' � ' i - .a •er � i I®6 W 1OI IFp a I sn r, an x+ as I� Iwi an s.= fi ii>R_ q .o—.m sc Lam• - .� .. x..N • ; .� _art_ r fi Twin Lake ,{f,� FILE NO. PHASE 1 6 0 500 CRYST137726 50 FALL 2016 GAS MAIN REPLACEMENT 2�Feet FIGURE 5 CAYHM itS Fag 2016 Gas Main Replaoement u City of Brooklyn Center Qty of Brookyn Park Area Not in Study - Z e Edi ns ■w � �` I IIiirFF�t�t{t r. i ,1 p. � 6 � ml jI ' � ' i - .a •er � i I®6 W 1OI IFp a I sn r, an x+ as I� Iwi an s.= fi ii>R_ q .o—.m sc Lam• - .� .. x..N • ; .� _art_ r fi Twin Lake ,{f,� FILE NO. PHASE 1 6 0 500 CRYST137726 50 FALL 2016 GAS MAIN REPLACEMENT 2�Feet FIGURE 5 L _T mrucairc " - L 1 T . x Legend Street wRh No Existing Curb Street with Existing B618 Curb to be Reconstructed (Replaced) Street with Existing B618 Curb to be Reincorporated (Saved) r - crystal Airport _ St, " Po,- i-mnl � �. Foot Curb Assessment $12.83 Per Front Foot Curb Assessment a $25.68 Per Front' FiYA Curb A+ssessnl w,t No Curb Assessment- ry Project Limits — I is Arra NO. In Study - City of Brooklyn Center�- _- City of Brooklyn Park —;" •'-- _ - I �tl �..._ r r �i. PH AS .E 1�6� SEH `�` URB SUMMARY ,, 11 -. .SII wt eol ss,� 0 250 500 i Feet Z- 1 I' 7rMi1J ,Lt�kB p. 9 r 4 II • r . I I I FILE NO. CRYST137726 FIGURE 6 -v *& Type ' D Cm -b and Typc "B" Cui-b and Gutter 11 4 ,?R X E N U U o W N 3N a CD .0 �7 ao 91511 6152 `� 3 ,3 Ea Ea 7 1 .1. j>. 407 6111 --- 9a57 61STF1'�dF. 1 yy S 1 `r t'5 msoo' ■ i .b � id 1�: m - ■ II S t w *43 g i rw ww ern x ar iY. < o .a ■ � �- BARD3 (l1NE _ 1 LOMBARDY LANE U � 1 91111 &411 � � _r xM Fw xv1 I *r `!''ti,..�� 7a to' in' m ' ■_ m '1, 60TH AVENUE 60TH AVENUE 6JT*12S�FHLIF �"—}�{i•1■1rr}�I.I 1116\ 07 : S94e 994 rr FII w+ wn 6.n j i..�r]{y,tal _ wl l` AVLNLE S 6.. a `� �, r Airpo7 rt rsll sella r yam Y1xr Nil i 591722' p42.1 &735 S9Q1■ 1, ryx IIIk MII d I n'1 r51r v11 " '° x� S yk 59[7 -Wri Oil 1.r rt;a u,11 v v `5W 9.70,9 309 4199 „ w 944 5381 "09 :1711 k� I— •1_ r ._ Y 59THAVENUE * - r,�� r a.� rev u,_ see wrr w9:,.. sv A 1 56.T4 y I 5858 5867 '.1656 5$52 SRSA 6641 - I 5848 5849 5619 6118 5949 S87p 6669— i x ra err 6a, m, tll+ A1. -r ww 1!r +•• yo f w . '911 5840 5841 `.SR'+ 5711 .3949 5M1 - DUDLEY AVENUE J~I' f�4 5832 5833 !Q3 X73 Mw Sal .., _ ..�. Itll 3135 5824 5825 I 5124 "n25 71U. 5824 5825y�y — - _ Nr - 5Slr_ W W4 5816 5817 6612 34tl 7... 5816: 5817 586 l it A 5608 5809 so 5W' 54.41 -$).s Legend '� CRYSTAL AIRPORT ROAD I 5800 5801 x09 5a0e 5H10 %t1I 5a a�s■rs�■. i_. -.._._.STH PLACE r�XLtL 5756 5757 5156 97a,r 5T56 913E 6T56 ', - ° ,7T,1T .._ I r' ��! 3'177P5724 5757 463: ARID ..':�,• `4711 a ,� 4T6e - Existing Catch Basin _ 5750 5351 675 5791 ` .4709L57'33 — �� 57A6 � __ e}L.. � 5748 5749 :•' .___._ 3F46 5749 3748 !1 hr55 Il� -_..I 1. 5739 _ 5714 5715 4x44 5T45 57'64 _ SF1d - ' p,7;16 5740 5741 5746 57175741 —0 �1 r. 67]9 57N 6T3! 5739 5738 5777 ±°719 11 c« Q Existing Manhole x I 57)3 5732 5733 57]7 3173 6818 SF3E 6798 MI U 5va2 57005733 5732 d 5717 5±18 1 �, �'?^ 5724 5725 bT25 9T77 5T2d' 6725 !1175 572.6 W55725 5784 xl, ]J 5749 - Proposed Infilitration System y 444, I d? �-- '17795716 5717 _ 1- 6716 6717 1 5717 5778 n11- ST31 Sr=' ■ titi v - 4— 'aTYt 5713. 6114 STYS ,w6 5709 '. - __ w o c .a 1n o 1. !— srm vaq 5708 5709 3709 .. - 3713 5'!7d �-�* 57M Si4d1 5717E oral Sanitary Sewer to be Replaced 5700 5101 3 07 5743 5747 57]3 GTO? ri ?60 SNI 5166 5701 576 YM -I.6 57= 9 s?lr Water Main to be Replaced I�r _ Z4—' ___ _ 147 - w Twin Lake la, '� rx Y 5+:.`.41 61 3 5656 'Al 565+1= ' i7 506 %35 ' � - V z 91. 565: 56555 a a! 5658 5 7 665c 5657 56;8 715! 5701 jj 5648 5649 5648 5649 5648 5649 �. 5648 5649 ¢ 5648 5649 Proposed Storm Sewer " �'s '� I _. I 5642 5643 5642 5643 5642 %43 g 5642 5643 I+"+ 5642 5643 %44 ,, #, 0 5645 %40 5649 SfdB rx - 57THA P,�-, I i# - w , '\ 5636 5637 u, a >......_._ - - 5641 5640 55+YI 56!} %41�3 rp v., .. 9'°2? 5M �r w 5633 5694 6626 - 5637 Yi74 JIj ' ExistingStorm Sewer �. ;S t-5633 !u 5630 5629 > 5630 5631 Z 5630 5631 56301 L6 I BESY3 �c 5637 5636 5637 v 5636 5637 `8 1 _ _ Yai 5830 5631 _ - �, wa. '1715 w '�21. 56� SCu+I i — - `- _� a r f Y>« e �� 3517 66x8 hl rY1 i1I H'!. S_ L. II5,. 1 "'r1 rh; I5 56 5623 37�Y4 5629 5627 24 5945 _ _-_ 5620 ' ■. vlp: 9 _ 5621 sS1 . Project Limits _ h, , � :� - .- SA I, 9■ s [b18 3577 5518 5621 '613. ■�riY Y r•;r 9-1 5614 SEIF. M 11 -� CRYSTAL ` 372 4iJ5.�7i' 961'1 5911 5812 5615 ,Yn 1. — .h0 91Aa ra e -e rx ^n 5608 AIRPORT Citylimits 1 ee, - _ a _ _ Y.a ._.. -. -_. `it'lls`' - 56710 511T 0 4- 719 City of Brooklyn Center - -- � h�' I � � .,. W4 �. � i,-- �, .t'1 ��,. �1 � __.. ram u1, f+"1„� 5e}c ;fa05 b . � I C , -d, �' - � � 5621 ��1 r--'�-1��F #1 +1 - � ' F° �'' aa"f r.r�lli i � �� _ *'- � SG95 -' �.0 City of Brooklyn Park, q, ,� �ti_I °° I .. �1 rwu I - �r"� x111.1 !�°-_” Becke P irk r _ _ y r� _ 4 I v a5 —s v . _ .— TWlfl �clkS - Y kA 657 Q 1:••S' 555, _ • 11 Area Not in Study S-,. .w i. Park x - - _ .56TH ° *.. y - ZANE PLACE ma ew1 .: r _ sw t1a Y�" e�_ 6tr.. g , 71 IIIc illjr � � .nna r FILE NO, PHASE 16 �'•�~' 0 250 500 CRYST137726 UTI L I T I ES Feet SEH 3 of 7 FIGURE 7 61s' Avenue Drainage Problem 4T idg!�t %I& tit ti �'i Douglas Drive Drainage Problem Airport Property Drainage Skyway Park a4 12ti r *. an 1 �U.6Co q AFFAB•i __ Nom. _ +onrv� �,.�.�®;.� .�-.rte..-. o — R - •a ra,. # Cq`c lai � I eaa � o nA 4 tai AIrFGn '�,* ■n 9!A of ii a Jr _ IL. � � I ra4 f1g 11•i ♦MF � Foe ati __ � t i�.• '--' l i!fi •rM AMI ��f F+ S,e� Legend __. Houses Reporting Stern —_ or Ground Water Problem-, Residents interested in Rain Gardens% ,, k,=, '--��—... AAS: �- Houses R ePortin t �r !' 9 The Y ,Have a Sump Pump _ ! =li ., 0 + Twin Lkh .--Proposed Drain Tile w y _ saA wn r �.: ms ww �'{f fir,' .. : *— ■.r . Existing and Proposed - 1° , ate. .. sex cc . }I i i• s� .. w , r.r ' a__ e Storm SewerMW �A AAN mA wA .rm a �! wA a■ d ■ Project Limits y . a —: tyllmit5 , �.� F I m �. .re ria 4• it r L m >dt b R — L aty of Brooklyn Center7-1 a of Br Park ,-- City of ooklyn � �I- I I }II � „■,�� I F * r � ' i � , 3.5 a _ t . g c Area Not in Study uk ► 1,7 FILE NO. PHASE 1 6 0 250 500 CRYST137726 SEH DRAIN TILE / RAIN GARDENS mmE==m= Feet = FIGA-RF I . . . FrnCaa- �.Tv 6t4 iF 915 ;W7 Zf Legend Residents Interested in a Driveway Replaoement e Project Limits Citylimits City of Brooldyn Center of Brooklyn Park mCity Area Not in Study SEH I . . . FrnCaa- -wilmi A. Twin Lake T XF, E. re= . . . . . . . . . . . FILE NO, ST13T72 PHASE 16 0 250 500 CRY E:6: PRIVATE DRIVEWAY REPLACEMENT PROGRAM 1 Feet 9 FF I G Ul R FE: 9 ;W7 Zf -wilmi A. Twin Lake T XF, E. re= . . . . . . . . . . . FILE NO, ST13T72 PHASE 16 0 250 500 CRY E:6: PRIVATE DRIVEWAY REPLACEMENT PROGRAM 1 Feet 9 FF I G Ul R FE: 9 r- rym a I Al 0 250 500 CRYST137726. mmE:mm= Feet FIGURE 10 Residents Interested in a I lell I=ISI — i r Sarittery Sewer SeNce Replamnent ate_F 4 ly -qact LknMr Ml 41 ata cF Wo*jym Oanlff v §M City of &,oddyn Park Area Not in Study Z PHASE 16 PRIVATE SANITARY SEWER SERVICE SEH REPLACEMENT PROGRAM 0 250 500 CRYST137726. mmE:mm= Feet FIGURE 10 Anticipated Project Schedule • September 20 — Council accept the report • October 6 — Neighborhood Meeting • Early October — SEH begin topographic survey • October 18 — Public Improvement Hearing • November — + enterPc int Energy potentially begins reconstructing Gas Mains • Winter 2016 — Plans and specifications • January 2017 — Overall neighborhood meeting • February 2017 — council considers acceptance of final plans and specifications/authorizes ad for bid • April 2017 — Council considers accepting the bid, awarding the contract, adopting the assessment roll • Late April / Early May - November 2017 — Construction • Final wear course paving in June of 2018. Summary of Assessment Rates Funding Source Rate/Amount Benefit 493.0 Lots Total $3,320,355 Single Family/Duplex Property Street $6,735 /Lot Assessment Rate $120.79 /Front "Commercial/Non-Profit" Property Street 1,890.58 Front $228,363 Assessment Rate Foot 34,070.23 Feet Front Concrete Curb and Gutter Assessment Install City Standard B618 $25.86 /Front $881,056 Concrete Curb & Gutter Foot Feet Remove D Curb & Replace with City Standard B618 Concrete $25.86 /Front Front S0 For0.00 acat Feet Curb & Gutter Reconstruct B618 Curb $12,93 /Front 9,853.96 Front $127,412 Foot Feet $6.73 /Front 0.00 Front $0 Reincorporate B618 Curb Foot Feet �rotal Cost to be Assessed 549557,186 A B C D E F G H J K L M N O P Q R -A SEH CRYSTAL, MINNESOTA 2017 - SKYWAY PARK STREET RECONSTRUCTION CITY PROJECT NO. 2016-16 Single Family/Duplex Assessment Rate Per Phase Date: September 11, 2008 Revised: September 15, 2009; September 2,2010; September 7, 2010 Revised: September 15, 2010; March 28, 2011; August 24, 2011 Revised: August 31, 2011; September 2, 2011; September 12, 2011 Revised: March 30, 2012; August 23, 2012 ; August 27, 2012; March 14, 2013 Revised: August 22, 2014; August 27, 2014; March 12, 2015; April 2, 2015 Revised: August 26, 2015 ; September 9, 2015 ; September 2, 2015 ; P:\AE\C\Cryst\137726\4-prelim-dsgn-rprts\43.54-Qtys\[phase 1 thru 16 unit cost comparison Ph 16 report. Asx]Assess Analysis Ph 15 `, 5 Phase Year of Construction Single Family/ Duplex Assessment Rate (PER LOT) (1) Hypothetical Single Family/ Duplex Assessment Rate (PER LOT) (2) Year to Year Difference Number of Years between Projects 1 1995 $2,782 $2,782 $0 NIA 2 1996 $2,860 $2,900 $40 1 3 1997 $3,097 $3,022 575 1 4 1998 $3,1_90 $3,150 t $40` 1 5 2001 $3,385 $3,567 $182 3 6 2004 $4,124 $4,039 $85 3 7 2005 $4,248 $4,210 ($38 1 8 2006 $4,248 $4,388 $140 1 9 2008 $4,683 $4,767 $84 2 10 2009 $4,683 $4,969 $286 1 11 2011 $4,917 $5,398 $481 2 _ 12 2012 $4,917 $5,626 $709 1 13 2013 $5,286 $5,864 $578 I 14 2015 $5,828 $6,371 $543 15 2016 $6,104 $6,641 $537 i 16 2017 $6,735 $6,921 $186 1 (1) Actual costs are in year the project was built (Phases 1-15) (2) Based on $2,782 Assessment in 1995 Dollars increased per the average annual increase in construction cost between phase 1 and 16. (3) Proposed Assessment Rate 5 of 7 43) FUNOING SOURCES Streeter Prepaid Special -Assessments Retired Debt - Special Assessment Annual Collections :Driveway & Sewer - Prepaid Special Assessments Driveway & Sewer - Special Ass. Annual Collections j Special Assessment Interest !Municipal State Aid for Street Construction Municipal Mate Aid 1br Street Maintenance Investment Income Relm4ursaments - other cities Water Utility Reimbursement iSewer Utility Reimbursement 'Sttwm, Drainage UtHity Reimbursement of 8 Dn ds 7ransfers from -closed debt service funds TOTAL FUNDING SOURCES ANNUAL SURPLUS OR (DEFICIT) Fund Balance at Year End Street Reconstruction Fund (Fund 415) Multi -Year Capital Improvement Plan 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 6,50311 629,000' 1,018' 7281 872,131 0, 739,258 177,037! 135, 29� 82,492; 25,3701 25,6101; 914151, ---- - -- . . . ...... . . ... . .................... 01 78,5421 171,7531 138,4581 7,604, 133,9761 108,7411 120,9101 134,5961 191,6741 194,5991 213,1741 102,2731 86,3561 41,678 84,014 100,64_ _ 96,331 469,1591 1,730,2091 530,6821 501,0591 515,5271 725,384 100,0001 100,0001 100,0001 100,0001 111,843 100,0001 64,691 84,692 i 50,4881 6,4841 26,6791 24,7091 1128� 180,4741 222,044,1 39,8751 37,0351 244,537 1,028,533 -297,590j_1,927,214_. - -289, 907,073: 1,002,581 0 0 80,1801 109,244 172,513', 151,144 173,6141 188,0921 194,34"? 284,�761 329,036 2N,229 78,894 129,693i 158,963 129.5131 500,000 500,000; 0 47(7,00131 100,000 100,000l 100,000 100.0001 31,1201 2910751_ 28,9811 31,826 237,831 76.752 Oi 76,258 506,3761 01 0 29,309 605,5351 a a 5869981 905,0081 0 Q. 396,7051 3,625,6971 0. 0 1.063.849:! 5.410.3691 6.392.3241 7.986,276 I -936,129 77,7811 -264,288 2461 1,181.711 1,179,561 2,103,795 3,487,220 3,197,281 2,261,152 2,338,933 2,074,645 1,453,757 1,159,232 1,060,835 2,240,396 a 79,705 103.742 104,5541 0; 59,236" 267 Q 16,9681 01 23,2921 0 6a2,919 420,157 947,063 01 1 386,4631 0 1.7D4,481) 2.70-5 1 531 3,293,626 01 2,572,5941. 1,028,533 -297,590j_1,927,214_. - -289, 907,073: 1,002,581 0 0 80,1801 109,244 172,513', 151,144 173,6141 188,0921 194,34"? 284,�761 329,036 2N,229 78,894 129,693i 158,963 129.5131 500,000 500,000; 0 47(7,00131 100,000 100,000l 100,000 100.0001 31,1201 2910751_ 28,9811 31,826 237,831 76.752 Oi 76,258 506,3761 01 0 29,309 605,5351 a a 5869981 905,0081 0 Q. 396,7051 3,625,6971 0. 0 1.063.849:! 5.410.3691 6.392.3241 7.986,276 I -936,129 77,7811 -264,288 2461 1,181.711 1,179,561 2,103,795 3,487,220 3,197,281 2,261,152 2,338,933 2,074,645 1,453,757 1,159,232 1,060,835 2,240,396 -A SEH CRYSTAL, MINNESOTA 2017 - PHASE 16 SKYWAY PARK STREET RECONSTRUCTION CITY PROJECT NO. 2016-16 Summary of Assessment Costs SEH NO. CRYST 137726 Date: August 25, 2016 Revised Date: P:\AE\C\Crysl\137726\4-prelim-dsgn-rprts\43.54-QlysgOpinion Cost & Financing Ph 16 Feasibility Report.xlsx]Table 1 Assess Only Funding Source Rate/Amount Benefit Total Single Family/Duplex Property Street Assessment $6,735 /Lot 493.0 Lots $3,320,355 Rate "Commercial/Non-Profit" Property Street $120.79 /Front 1,890.58 Front Feet $228,363 Assessment Rate Foot Concrete Curb and Gutter Assessment Install City Standard B618 Concrete $25'86 /Front 34,070.23 Front Feet $881,056 Curb & Gutter Foot Remove D Curb & Replace with City $25-86 /Front 0.00 Front Feet $0 Standard B618 Concrete Curb & Gutter Foot Reconstruct B618 Curb $12.93 /Front 9,853.96 Front Feet $127,412 Foot Reincorporate B618 Curb $6.73 /Front 0.00 Front Feet $0 Foot Total Cost to be Assessed $4,557,1861 7 of 7 ��ke,u q-�,- g, C� >'�d2c� Please hand this form to the City C erk before the meetingbegua To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is: N me• �-V 7 T I Address: �' Date: Ito Zip Code: �� L `` Day Phone (optional): Email (optional): Thank you for your attendance and participation.