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2016.12.06 Council Meeting Packet Posted: Dec. 2, 2016 City Council Meeting Schedule Dec. 6, 2016 Time Type of meeting Location 6:10 p.m. 6:30 p.m. 6:45 p.m. First council work session to discuss: • Commission interviews • The Joint Community Police Partnership (JCPP) between Hennepin County and Crystal • Commission interview Conference Room A 7 p.m. City Council meeting Council Chambers Immediately following the regular City Council meeting Economic Development Authority (EDA) meeting Council Chambers Immediately following the regular EDA meeting Second council work session to discuss: • Commission appointments • Crystal Ball update • 2017 Council meeting calendar • 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: Dec. 2, 2016 City Council First Work Session Agenda Dec. 6, 2016 6:10 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 Dec. 6, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Adams ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Revering ____ Kolb ____ Gilchrist ____ Libby ____ Parsons ____ Peak II. Agenda The purpose of the work session is to discuss the following agenda items: 1. 6:10 p.m. – Commission interviews 2. 6:30 p.m. – The Joint Community Police Partnership (JCPP) between Hennepin County and Crystal 3. 6:45 p.m. - Commission interview 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 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion and Integrity” TO: Mayor Adams & Council Members FROM: Stephanie K. Revering, Chief of Police Cc: Anne Norris, City Manager DATE: December 1, 2016 SUBJECT: Work Session Agenda Item ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM Crystal has the opportunity to participate in a Joint Community Police Partnership (JCPP) with Hennepin County, a joint effort between the County and several law enforcement agencies to enhance communication and understanding between law enforcement and its communities. At the December 5th work session prior to the council meeting, me and Chief Tim Gannon from the Brooklyn Center Police Department will be discussing this program with you. A few weeks ago you received information from City Manager Anne Norris regarding the Joint Community Police Partnership program. There are five key benefits to the community: 1. A Community Liaison dedicated to each city 2. Establishment of a Multicultural Advisory Committee (a diverse group of community leaders representing many different nationalities that meets at least monthly with police command staff to advise on ongoing community policing practices). 3. Recruitment and training of Cadets and Community Service Officers. 4. Cultural awareness training for law enforcement officers. 5. Community trainings, dialogues, and Q & A sessions and role of the police. Through this program, Crystal would get two cadets/community service officers in addition to our current staff. Hennepin County would provide the funding for this effort and we would provide staff time to assist the Community Liaison. Thank you in advance for your consideration. If you have any questions or would like additional information, please contact me at 763-531-1010. City Council Meeting Agenda Dec. 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. City Council Meeting Minutes The Council will consider the minutes from the following meetings in a single motion: 3.1 The Special City Council meeting from Nov. 15, 2016. 3.2 The regular City Council meeting from Nov. 15, 2016. 3.3 The regular City Council work sessions from Nov. 15, 2016. 3.4 The regular City Council work session from Nov. 17, 2016. 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.2 Adoption of a resolution accepting the following donations: a. $350 from Crystal Lions for Crystal parks. b. $1,000 from Minneapolis Elks Lodge No. 44 for Crystal Frolics. c. $10,000 from Minnesota Twins Community Fund for the 2016 Toro and Twins field rebuild project at Bassett Creek Park. d. $200 from Brice Skarnes Insurance Agency, Inc. for Shop with a Cop program. e. $166.83 from various donation boxes for Crystal K-9 Unit. 4.3 Approval of three solicitor licenses for Riley Havlicek, Kristjan Jesmer and Alan Wagner of The Window Store Home Improvements, Inc. to go door-to-door in Crystal from Dec. 7 – 31, 2016, offering free estimates and scheduling appointments for home improvement projects. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda Dec. 6, 2016 4.4 Adoption of a resolution supporting participation in Joint Community Police Partnership (JCPP) program. 5. 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.) 6. Public Hearing 6.1 The Mayor will open a public hearing to receive comment and consider the 2017 budget and proposed 2017 property tax levy and related resolutions approving: a) the 2017 property tax levies; b) 2017 General Fund Budget; and c) the 2017 budgets for Special Revenue, Debt Service, Capital Projects, Enterprise, and Internal Service Funds. Staff will provide a presentation about the preliminary 2017 budget and levies as approved September 20 prior to the Council asking questions and taking public input. After taking input, recommend adoption of the three resolutions approving 2017 property tax levies, approving the 2017 general fund budget and approving the 2017 budgets for special revenue, debt service, capital projects, enterprise and internal service funds. 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 finance department. Recommend approval of disbursements over $25,000. 7.2 The Council will consider a resolution restricting parking on the east side of Nevada Avenue North. As part of next year’s street reconstruction project, parking needs to be restricted on Nevada Avenue North. Recommend approval of the resolution making this change. Crystal City Council Meeting Agenda Dec. 6, 2016 7.3 The Council will consider a conditional use permit amendment and time extension for 5717 West Broadway. The owner of the property at 5717 West Broadway received a conditional use permit last year for a fenced outdoor sales area for a hardware store, with the fencing being have specific conditions for height and material. The owner is requesting a one-year extension to the conditional use permit approval as well as approval for increasing the height of the fence to 8 feet. The Planning Commission considered these requests at its November 14 meeting and recommended 8-1 to approve the extension and allow Option B for an 8 foot high fence. 7.4 The Council will consider first reading of an ordinance requiring a construction management plan for new houses or substantial additions. In order to protect existing residential properties with infill developments, staff is recommending a residential construction management process to clarify builder’s responsibilities. The draft ordinance establishes a process for builders of new single or two family home construction and major additions to single and two family homes. The City Council discussed this process at a recent work session. Recommend approval of the first reading of the ordinance requiring a construction management plan for new houses or substantial additions. 7.5 The Council will consider the 2017-2018 Labor Agreement with Law Enforcement Labor Services (L.E.L.S), Local 44 Police Officers. Earlier this year staff and the city’s labor attorney met with the Council to discuss 2017 bargaining unit negotiations. The first group to settle, Police Officers (LELS Local 44) have agreed to a 2-year contract with wage adjustments of 2.5% and market adjustments of 2% for each year. The 2017 adjustments are within the budget for next year. The insurance contribution is less than budgeted. 7.6 The Council will consider approving 2017 wage and insurance contribution for non-represented employees. Consistent with the settlement with Local 44, recommend approval of 2017 wage adjustment of 2.5% and the same insurance contribution. These adjustments are within next year’s budgeted amount. Crystal City Council Meeting Agenda Dec. 6, 2016 7.7 The Council will consider authorizing execution of a two year contract with Kennedy & Graven for city attorney services. The city has a long relationship with Kennedy & Graven for provision of city attorney services. The current contract expires December 31. Recommend approval of authorizing the execution of a two year contract (2017-2018) with Kennedy & Graven for city attorney services. 8. Announcements a. The City Council will have a work session on Dec. 8 at 6:30 p.m. in Conference Room A at City Hall. b. The Canadian Pacific Holiday Train is scheduled to stop in New Hope on Saturday, December 10, at 2:20 p.m. at the New Hope Ice Arena. c. The next city council meeting is Dec. 20 at 7 p.m. in the Council Chambers at City Hall. d. Crystal Business Association meets Dec. 21 at 8:30 a.m. in the Community Room at City Hall. e. City offices will be closed Dec. 26 in observance of the Christmas holiday. a. 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. b. 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. Dec. 6, 2016 Meeting Schedule Time Type of meeting Location 6:10 p.m. 6:30 p.m. 6:45 p.m. First council work session to discuss: • Commission interviews • The Joint Community Police Partnership (JCPP) between Hennepin County and Crystal • Commission interview Conference Room A 7 p.m. City Council meeting Council Chambers Crystal City Council Meeting Agenda Dec. 6, 2016 Immediately following the regular City Council meeting Economic Development Authority (EDA) meeting Council Chambers Immediately following the regular EDA meeting Second council work session to discuss: • Commission appointments* • Crystal Ball update • 2017 Council meeting calendar • Constituent issues update • New business* • Announcements* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. City Council Special Meeting Minutes Nov. 15, 2016 Page 1 of 2 1. Call to Order and Roll Call Pursuant to due call and notice thereof, the special meeting of the Crystal City Council was held on Nov. 15, 2016 at 5:49 p.m. in Conference Room A at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: City Council members present: Adams, Dahl, Deshler, Kolb and Parsons. Absent: Libby and Peak. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres and City Clerk C. Serres. 2. Regular Agenda The Council considered a resolution canvassing the election returns and declaring the results of the general municipal election for the offices of Mayor, Section I, Ward 3 and Ward 4. City Clerk C. Serres addressed the Council. Moved by Council Member Deshler and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 146 RESOLUTION DECLARING THE RESULTS OF THE 2016 GENERAL MUNICIPAL ELECTION Voting aye: Adams, Dahl, Deshler, Kolb and Parsons. Absent, not voting: Libby and Peak. Motion carried, resolution declared adopted. 3. Adjournment Moved by Council Member Deshler and seconded by Council Member Dahl to adjourn the meeting. Motion carried. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 3.1 City Council Special Meeting Minutes Nov. 15, 2016 Page 2 of 2 The meeting adjourned at 5:55 p.m. ____________________________ Jim Adams, Mayor ATTEST: _____________________________ Chrissy Serres City Clerk 3.1 City Council meeting minutes Nov. 15, 2016 Page 1 of 4 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 Nov. 15, 2016 at 7 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 (left at 7:06 p.m.), Dahl, Deshler, Kolb, Libby and Parsons. Absent: Peak. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Recreation Director J. Elholm, Finance Director C. Hansen, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter and Police Chief S. Revering. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. Moment of Silence Mayor Adams asked for a moment of silence in memory of former Crystal Mayor Pete Meintsma, to honor his service and his life. Mayor Adams also thanked everyone who ran for office and those who participated in the 2016 election. The meeting was then turned over to Mayor Pro Tem Deshler as Mayor Adams had to leave. 2. Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Parsons and seconded by Council Member Dahl to approve the agenda. Motion carried. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 3.2 City Council meeting minutes Nov. 15, 2016 Page 2 of 4 3. City Council Meeting Minutes The Council considered the minutes from the following meetings in a single motion: 3.1 The regular City Council meeting from Nov. 1, 2016. 3.2 The regular City Council work sessions from Nov. 1, 2016. Moved by Council Member Dahl and seconded by Council Member Parsons to approve the above minutes in a single motion. Motion carried. 4. Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.2 Approval of Resolution No. 2016-147, transferring local board of appeal and equalization power and duty to Hennepin County (Open Book). Moved by Council Member Kolb and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 5. Open Forum The following persons addressed the Council: • John Budziszewski, 5308 47th Ave. N., regarding the City Code Review Task Force and amendments to Chapter IV of the Crystal City Code. • Mark Hoffmann, 3307 Zane Ave. N., regarding past and present council budgets and assessments related to the pool bonds. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance director to the City Council, a list that is on file in the office of the finance director. Moved by Council Member Kolb and seconded by Council Member Parsons to approve the list of disbursements over $25,000. Voting aye: Dahl, Deshler, Kolb, Libby and Parsons. Absent, not voting: Peak and Adams. Motion carried. 6.2 The Council considered a resolution adopting Appendix IV of the Crystal City Code relating to the 2017 fee schedule – utility section. 3.2 City Council meeting minutes Nov. 15, 2016 Page 3 of 4 Finance Director C. Hansen addressed the Council. Moved by Council Member Kolb and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 148 RESOLUTION ADOPTING APPENDIX IV OF THE CRYSTAL CITY CODE RELATING TO THE 2017 FEE SCHEDULE – UTILITY SECTION Voting aye: Dahl, Deshler, Kolb, Libby and Parsons. Absent, not voting: Peak and Adams. Motion carried, resolution declared adopted. 6.3 The Council considered a resolution providing for the prepayment and redemption of the city’s outstanding General Obligation Aquatic Center Bonds Series 2005B. Finance Director C. Hansen 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 – 149 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF THE CITY’S OUTSTANDING GENERAL OBLIGATION AQUATIC CENTER BONDS, SERIES 2005B Voting aye: Dahl, Deshler, Kolb, Libby and Parsons. Absent, not voting: Peak and Adams. Motion carried, resolution declared adopted. 6.4 The Council considered a resolution approving a contract with WSB & Associates for park master planning services. Recreation Director J. Elholm addressed the Council. Moved by Council Member Parsons and seconded by Council Member Kolb to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 150 RESOLUTION IN SUPPORT ENTERING INTO A CONTRACT WITH WSB & ASSOCIATES FOR THE COMPLETION OF A PARK AND RECREATION SYSTEM 3.2 City Council meeting minutes Nov. 15, 2016 Page 4 of 4 MASTER PLAN AND A BECKER PARK MASTER PLAN Voting aye: Dahl, Deshler, Kolb, Libby and Parsons. Absent, not voting: Peak and Adams. Motion carried, resolution declared adopted. 6.5 The Council considered a resolution to order preparation of the feasibility report for the 2017 Alley Reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Kolb and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2016 – 151 ORDERING PREPARATION OF THE FEASIBILITY REPORT FOR 2017 ALLEY RECONSTRUCTION PROJECT PROJECT 2017-07 Voting aye: Dahl, Deshler, Kolb, Libby and Parsons. Absent, not voting: Peak and Adams. Motion carried, resolution declared adopted. 7. Announcements The Council made several announcements about upcoming events. 8. Adjournment Moved by Council Member Parsons and seconded by Council Member Dahl to adjourn the meeting. Motion carried. The meeting adjourned at 7:45 p.m. ____________________________ Julie Deshler, Mayor Pro Tem ATTEST: _________________________________________ Kim Therres Assistant City Manager/Human Resources Manager 3.2 City Council first work session minutes Nov. 15, 2016 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:15 p.m. on Nov. 15, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The assistant city manager/human resources manager recorded the attendance for City Council members and staff: City Council members present: Adams, Dahl, Deshler, Kolb and Parsons. Absent: Peak and Libby. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm and Police Chief S. Revering. II. Agenda The Council and staff discussed the following agenda item: 1. Commission interviews. III. Adjournment The work session adjourned at 6:58 p.m. ________________________________ Jim Adams, Mayor ATTEST: ________ Kim 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 3.3 City Council second work session minutes Nov. 15, 2016 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 7:50 p.m. on Nov. 15, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The assistant city manager/human resources manager recorded the attendance for City Council members and staff: City Council members present: Dahl, Deshler (left at 8:30 p.m.), Kolb, Libby and Parsons. Absent: Peak and Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Finance Director C. Hansen, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter and Police Chief S. Revering. II. Agenda The Council and staff discussed the following agenda items: 1. Blue Line update  Traction Power Sub-Station (TPSS) at 60th  Visual screening for Elmhurst/Hampshire  Noise walls from 47th to Corvallis  Station area design 2. Security training 3. 2017 budget:  Check in – general fund, including Council memberships, and property tax levy – December 6 Truth in Taxation hearing  Permanent Improvement Revolving (PIR) fund budget  Debt service funds  Fee schedule changes – Public Works  COPS grant  Long term cost-containment 4. West Metro Fire-Rescue District Board annual joint work session with city councils 5. City manager monthly check-in 6. Constituent issues update 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 3.3 City Council second work session minutes Nov. 15, 2016 7. New business 8. Announcements III. Adjournment The work session adjourned at 9:40 p.m. ________________________________ Jim Adams, Mayor ATTEST: ________ Kim Therres Assistant City Manager/Human Resources Manager 3.3 City Council work session minutes Nov. 17, 2016 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on Nov. 17, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I. Attendance The assistant city manager/human resources manager recorded the attendance for City Council members and staff: City Council members present: Dahl (left at 9 p.m.), Deshler, Kolb and Parsons. Absent: Peak, Adams and Libby. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter, City Planner D. Olson and Police Chief S. Revering. II. Agenda The Council and staff discussed the following agenda items: 1. Commission interviews 2. Changes to Home Improvement Rebate Program 3. Construction management plan for new houses or major additions 4. Bass Lake Road Station Area Plan and next steps 5. Preview of Dec. 5 Truth-in-Taxation budget graphics 6. Crystal Community Outreach Task Force/Crystal Ball Update III. Adjournment The work session adjourned at 9:21 p.m. ________________________________ Julie Deshler, Mayor Pro Tem ATTEST: ________ Kim 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 3.4 CITY OF CRYSTAL RESOLUTION NO. 2016 - RESOLUTION ACCEPTING DONATIONS FROM CRYSTAL LIONS, MINNEAPOLIS ELKS LODGE NO. 44, MINNESOTA TWINS COMMUNITY FUND, BRICE SKARNES INSURANCE AGENCY AND 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 Crystal Lions Crystal parks $350 Minneapolis Elks Lodge No. 44 Crystal Frolics $1,000 Minnesota Twins Community Fund Bassett Creek Park ball fields $10,000 Brice Skarnes Insurance Agency Crystal Police Department Shop with a Cop $200 Various individuals Crystal K-9 Unit $166.83 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named for their generous donations. Dated: December 6, 2016 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Chrissy Serres, City Clerk 4.2 MEMORANDUM DATE: Nov. 16, 2016 TO: Crystal City Council City Manager Anne Norris FROM: Administrative Services Coordinator Trudy Tassoni SUBJECT: Solicitor licenses for The Window Store Home Improvements, Inc. The Window Store is requesting three solicitor licenses to go door-to-door in Crystal from Dec. 7 – 31, 2016, offering free estimates and scheduling appointments for home improvement projects. The applicants are: 1. Riley Havlicek 2. Kristjan Jesmer 3. Alan Wagner All three applicants passed criminal history background checks which were conducted by the Police Department. Council Action Requested As part of the Consent Agenda, please consider approval of the solicitor licenses for the above-named individuals to go door-to-door in Crystal from Dec. 7 – 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 Licenses Council Meeting: Dec. 6, 2016 4.3 RESOLUTION NO. 2016- RESOLUTION ACCEPTING ENTERING INTO A PARTNERSHIP WITH HENNEPIN COUNTY RELATIVE TO THE JOINT COMMUNITY POLICE PARTNERSHIP PROGRAM WHEREAS, the City of Crystal has considered and agreed to participate with Hennepin County relative to the Joint Community Police Partnership Program; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA AS FOLLOWS: 1. To enter into a partnership with Hennepin County, thereby and hereby, in all things, adopted and approved. 2. That Jim Adams the Mayor for the City of Crystal, and Chrissy Serres the City Clerk, are authorized to deliver the partnership with Hennepin County in the name and on behalf of the City in the form hereby approved. Adopted by the Crystal City Council this 5th day of December, 2016. ____________________________________ Jim Adams, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 4.4 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 7.1 Memorandum DATE: December 6, 2016 TO: City Council FROM: Mark Ray, PE, Public Works Director SUBJECT: No parking on Nevada Ave N between 32nd and 36th Summary Bassett Creek Regional Trail project narrowed Nevada Avenue North to 32 feet wide. Since Nevada Avenue North is a State Aid Street, State Design standards apply for parking. No Parking Summary No on street parking will be permitted on the east side of Nevada Avenue North between 32nd Avenue North and 36th Avenue North. Recommended Action Motion to approve the resolution establishing no parking restrictions for Nevada Avenue North. 7.2 RESOLUTION NO. 2016 - ______ ESTABLISHING ON STREET PARKING RESTRICTIONS ON PORTIONS OF NEVADA AVENUE NORTH WHEREAS, the Three River Parks District has substantially completed the Bassett Creek Regional Trail construction project along Nevada Avenue between 36th Avenue N and 32nd Avenue N; and WHEREAS, Nevada Avenue N is designated as a Municipal State Aid street by both New Hope and Crystal; and WHEREAS, these streets must be reconstructed to Municipal State Aid standards to be eligible for State Aid funding; and WHEREAS, the reconfigured street width require on-street parking restrictions on one side of the street, according to State Aid Operations Chapter 8820; NOW, THEREFORE, BE IT RESOLVED that the City hereby restricts the parking of any vehicles or equipment at all times in the following locations: • East side of Nevada Avenue North from 32nd Avenue North to 36th Avenue North Adopted by the Crystal City Council this 6th day of December, 2016. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 7.2 PAGE 1 OF 5 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: December 1, 2016 TO: Anne Norris, City Manager (for December 6 meeting) SUBJECT: Consider adoption of a resolution approving a conditional use permit amendment for a fence and approving a one-year time extension for a previously approved CUP, both for Drew Kabanuk at 5717 West Broadway Avenue A. BACKGROUND Drew Kabanuk is asking for approval for a nonconforming fence to remain on his property at 5717 West Broadway (the former Thriftway grocery store). The fence the applicant installed does not meet the requirements of the conditional use permit (CUP) approved by the City Council in 2015 (attachment H). That CUP approved an outdoor sales area for a proposed hardware store, with the condition that the fence screening the sales area be constructed of a certain height and materials. The property is zoned General Commercial (C-2). The applicant is also requesting that the City Council approve a one-year time extension to the CUP that was approved by the Council in 2015. The required public hearing for the fence CUP amendment was held at the Planning Commission meeting on November 14, 2016. Notice of that public hearing was published in the Sun Post on November 3, and notices sent to property owners within 350 feet of the property (see Attachment B). According to the zoning code a public hearing is not required for the one-year time extension. To date no public comments have been received for these two proposals. Attachments: A. Site location map B. Map showing public hearing notification area C. Existing zoning map D. Applicant’s project narrative E. Photos of existing nonconforming fence F. Photos of three Crystal properties with barbed wire G. Applicant’s request for an extension H. City Council Resolution 2015-106 approved October 20, 2015 COUNCIL STAFF REPORT Conditional Use Permit Amendment and CUP Time Extension for Drew Kabanuk 7.3 PAGE 2 OF 5 I. Resolution B. PROPOSED CONDITIONAL USE AMENDMENT FOR FENCE Background Information: In 2015 the applicant received City Council approval of a CUP to allow an outdoor sales area for a proposed hardware store in the building. One of the conditions of approval was that this sales area “be screened by a 6-foot high fence constructed of staff-approved opaque material or a chain link fence with slats for screening”. Before the CUP approval staff made several efforts to contact the applicant to ensure that he was in agreement with the conditions of approval. At that time the applicant did not indicate that he desired a fence different from what was to be required. The applicant is requesting approval of the fence he installed on September 29, 2016. This fence is a 6’ high chain link fence, with 8’ tall posts and 1’ of barbed wire. The applicant has indicated that the barbed wire was included in the fence design to provid e security for the outdoor sales area. Staff first learned of the fence on the day it was installed when the fence contractor called city hall to see how tall the barbed wire could be. This fence contractor indicated that the applicant told him the fence had been approved by the city. Staff informed the applicant that the barbed wire was not an approved fence material according to the CUP. To address the nonconforming fence the applicant has presented two options for the fence:  Option A - The applicant requests that the non-conforming fence be allowed to remain as it has been installed, with 8’ tall posts, 6’ high chain link and 1’ of barbed wire above the chain link. The applicant is requesting a CUP amendment to allow an 8’ tall fence and to include barbed wire as an acceptable material.  Option B - If Option A is not approved, then the applicant requests approval for an 8’ high fence with chain link and vinyl slats. This would be a CUP amendment to allow an 8’ tall fence but not include barbed wire. Conditional Use Approval Criteria: city code city 515.13, Subd. 7 provides approval criteria for fences. That section of the zoning code also allows fences to exceed 6’ in height if approved by a CUP. The only approval criteria for such a CUP is that the fence not exceed 8’ in height. In both options A and B, above, that criteria is met. However according to city code section 520.17, Subd. 2 “walls and fences must be architecturally harmonious with the principal building”. It is staff’s belief that the barbed wire fencing is not appropriate for a retail commercial and residential area such as the West Broadway/Bass Lake Road area that encompasses the applicant’s property (see attachment C). Other Barbed Wire Fences in Crystal: The applicant has inquired why three properties in Crystal are allowed to have barbed wire as part of their existing property fencing. The circumstances of these fences are described below: 7.3 PAGE 3 OF 5 1. 5541 Lakeland Avenue North (telecommunications tower near the intersection of Highway 81 and Bass Lake Road on property owned by the city) – In 1997 when the City Council approved the site plan for the tower, the property was under a commercial zoning classification that no longer exists. The fencing was installed according to the site plan approved by the City Council. 2. 5400 Douglas Drive North (currently Minnesota Grinding offices) – The property is zoned Light Industrial (I-1). In 1969 the property owner at that time, Timesavers, Inc., received building permit approval to install fencing around the property, including barbed wire. A CUP was not required for this property. Also it is located in an industrial area of the city. 3. 5337 Lakeland Avenue North (currently Standard Water Control). The property is zoned Light Industrial (I-1). In 1990 the property owner received building permit approval to install fencing on the property. A CUP was not required for this property. Also it is located in an industrial area of the city. C. TIME EXTENSION FOR PREVIOUSLY APPROVED CUP Background Information: On October 20, 2015, the applicant received CUP approval from the City Council for his property at 5717 West Broadway. This CUP allowed the following:  A year-round outdoor sales area for a proposed hardware store. Products sold in this area were to include lawn and garden supplies such as rock, sand, dirt, plants, and some building materials.  Drive-through facilities for a proposed thrift store. The first facility was to be a donation drop-off area for the thrift store on the east and west sides of the building. The second facility was a drive-up window to allow food pick-ups from the deli restaurant proposed to be located within the thrift store. Extension Request: The applicant submitted a site plan with his CUP application showing the outdoor sales area and drive-through facilities. Currently, there are different requirements for extending a CUP and for extending a site plan. For a CUP city code section 515.05, Subd. 3 requires that: “If any construction activity related to an approved conditional use does not commence within 1 year of approval, then the conditional use permit shall expire and be considered null and void. A property owner may seek an extension of time by submitting a written request no less than 30 days before expiration of the conditional use permit”. Therefore, the applicant’s CUP would expire on October 20, 2016. For a site plan, city code section 520.07, Subd. 6 requires that: 7.3 PAGE 4 OF 5 “Construction of the building or initiation of the use must begin no later than December 31 of the year following the year in which the site and building plan approval is granted. After the expiration of such period the approval is null and void unless the city council grants an extension of time or a building permit has been issued and substantial work performed on the project”. Therefore, the applicant’s site plan would expire on December 31, 2016. Since there is a discrepancy in city code, staff considers the later of the two expiration dates to be the date by which the applicant needs to begin work on his project. This discrepancy will be corrected in the upcoming zoning code update. There is not specific criteria in the zoning code for approving an extension. According to city Code section 520.07, Subd. 7, an extension may be denied if there is a “change of circumstances affecting the property or if there are other reasons to justify the denial”. A change of circumstances includes a change to the Comprehensive Plan land use designation for the property or a change to the development pattern for the area surrounding the property. Neither of these circumstances exist for the applicant’s property. The applicant has indicated that the improvements to the property are progressing, but that he needs more time to complete those improvements (see attachment G). This is a reasonable request given the age of the building and the difficulties that are often present in repurposing an existing building. D. REQUESTED ACTION At the November 14, 2016 Planning Commission, the Commission recommended approval to the City Council by a vote of eight to one of option B for the fence, which is the approval of an 8’ high fence without barbed wire. This option provides a taller fence so that the applicant can have security for his outdoor sales area, but also provides an aesthetically pleasing fence that is compatible with the surrounding retail and residential area. The following conditions were recommend as part of this CUP amendment approval: 1. The existing barbed wire fencing shall be removed by December 16, 2016. 2. The fencing material shall be chain link with vinyl slats. 3. No part of the fence, including posts, shall be taller than 8’ in height. At the November 14, 2016 Planning Commission meeting, the Commission recommended approval by a vote of nine to zero to approve the one-year time extension for the 2015 CUP with one condition: 1. For the CUP approved by the City Council on October 20, 2015 and amended by the Council on December 6, 2016 for 5717 West Broadway, the extension will expire on December 31, 2017. 7.3 PAGE 5 OF 5 City Council motion is requested to approve the proposed resolution (Attachment I) which approves both the CUP amendment for the fence and the one-year time extension for the 2015 CUP. 7.3 7.3 7.3 C.U.P Request for Fence, Area Zoning 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 Attachment I CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2016-________ RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR A FENCE AND APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED CUP, BOTH FOR THE PROPERTY LOCATED AT 5717 WEST BROADWAY AVENUE WHEREAS, Drew Kabanuk (“Applicant”) submitted an application to the City of Crystal (“City”) to amend the conditional use permit approved by the City Council as Resolution 2015- 106 on October 20, 2015 to allow a nonconforming fence at 5717 West Broadway Avenue in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, the Applicant also requested a one year time extension to commence construction for the conditional uses approved in Resolution 2015-106; and WHEREAS, the Planning Commission held a public hearing regarding the Applicants’ fence-related request on November 14, 2016 and voted to forward the application to the City Council with a recommendation that the requested conditional use permit amendment to allow an 8’ high fence without barbed wire be approved with certain conditions; and WHEREAS, on November 14, 2016, the Planning Commission voted to forward the request for a one-year time extension for the CUP approved in Resolution 2015-106 with a recommendation that the extension be granted with certain conditions; and WHEREAS, the City Planner’s report dated December 6, 2016 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit amendment, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the conditional use permit amendment and the one-year time extension as recommended by the Planning Commission would be in compliance with the applicable rules and regulations of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby approves and issues a conditional use permit amendment to allow Drew Kabanuk to construct an 8’ high fence and approves a one-year extension to commence construction of the conditional uses approved in Resolution 2015-106, both at 5717 West Broadway Avenue, subject to compliance with all of the following conditions of approval: 7.3 1. Removal of barbed wire. The existing barbed wire fencing shall be removed by December 16, 2016. 2. Fence material. The fencing material shall be chain link with vinyl slats. 3. Fence Height. No part of the fence, including posts, shall be taller than 8’ in height. 4. One-year time extension. For the CUP approved by the City Council on October 20, 2015, and amended by the Council on December 6, 2016 for 5717 West Broadway, the time extension to commence construction of the conditional uses approved in Resolution 2015-106 will expire on December 31, 2017. 5. Compliance. This conditional use permit amendment is subject to the applicable requirements of the City Code, and the Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 6. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this conditional use permit amendment shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 7. Revocation. The violation of any terms or conditions of this conditional use permit amendment including, but not limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances, may result in revocation of the conditional use permit amendment. The Applicant shall be given written notice of any violation and reasonable time, as determined by the City, to cure the violation before a revocation of the permit will occur. 8. Binding Effect. This conditional use permit amendment, and the conditions placed on it, are binding on the Applicant, their successors and assigns, shall run with the Property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership, until the conditional use permit amendment is terminated or revoked as provided herein. The obligations of the Applicant under this conditional use permit amendment shall also be the obligations of the current and any subsequent owners of the Property. 9. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this conditional use permit amendment shall automatically be deemed acceptance of, and agreement to, the terms and conditions of this conditional use permit amendment without qualification, reservation, or exception. Adopted by the Crystal City Council this 6th day of December, 2016. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 7.3 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Salsberg 3rd Addition, according to the recorded plat thereof, and situated in Hennepin County, Minnesota 7.3 EXHIBIT B Planner’s Report (attached hereto) 7.3 PAGE 1 OF 5 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: December 1, 2016 TO: Anne Norris, City Manager (for December 6 meeting) SUBJECT: First reading of an ordinance relating to residential construction management A. BACKGROUND AND SCOPE Staff has recently been working with builders who are constructing new single- family homes in two residential subdivisions. In some situations builders have violated city code provisions, been unresponsive to city enforcement actions, and not accepted responsibility for the impacts of their construction activities on adjacent residents. These conflicts are not unique to Crystal; they can arise whenever infill development occurs adjacent to existing homes. In response to similar problems, some other cities have begun to implement construction management requirements as a condition of building permit approval. These vary by city, but they all share the goal of establishing expectations up front, at the time of building permit issuance, with the intent of minimizing problems during construction. As discussed at the November 17, 2016 Council Work Session, staff is proposing a residential construction management process to clarify the builder’s responsibility. This process would also inform adjacent residents of how they can find information on the project and how they can respond if they have a complaint. Crystal already has regulations in place, and staff has been responding to violations with traditional enforcement action. However, this reactive approach is very time-consuming and has been of limited effectiveness. Staff opinion is that a preventative approach needs to be added to city code for the builders to acknowledge their responsibilities up front, the adjacent residents to get their concerns addressed in a timely manner, and the city to use its resources and staff time more effectively. COUNCIL STAFF REPORT Residential Construction Management Ordinance 7.4 PAGE 2 OF 5 Staff has reviewed ordinances in Minneapolis, Edina, Golden Valley, St. Louis Park, New Hope, Robbinsdale and Brooklyn Park. Many of these cities have faced the same issues of a builder who violates city ordinances and residents who look to the city to manage the builder’s project. Staff has incorporated relevant requirements from these cities into the proposed Crystal process. Although many of the recent Crystal issues relate to new single-family construction, many cities also have requirements for major additions to single- family homes. This is because these projects can have the same impact on a neighborhood as the construction of a new home. A major addition is defined as those projects involving the addition of a second story or adding more than 500 SF of additional living space. Staff recommends incorporating major remodeling projects into the proposed Crystal construction management process. The new ordinance in attachment A also includes the construction of new two-family homes since they will have the same impacts on an existing neighborhood as new single-family homes. Construction of larger building is already covered by city code section 520 (Site and Building Plan Review) Some cities also apply this process to demolition of an existing single-family home, but we have not seen the negative consequences that have been experienced with new construction. Therefore staff is not recommending that the demolition of homes be part of this process. B. PROPOSED PROJECT MANAGEMENT PROCESS The new project management process would be required of builders who seek a building permit for the following two types of residential construction:  a new single or two family home; and  a major addition to an existing single or two family home (defined as adding a second story or constructing an addition of more than 500 SF in size). 1. Preconstruction Meeting, Construction Management Agreement and Escrow (new requirements proposed in attachment A). The proposed code change would require the following three items before the building permit is issued: a) Pre-construction Meeting. The builder will meet with city staff who will go over the expectations detailed in the construction management agreement (CMA) and answer questions from the builder about specific regulations. 7.4 PAGE 3 OF 5 b) Construction Management Agreement. By signing the agreement the builder agrees to adhere to certain city regulations and agrees to manage their project, including communications and outreach (item 3 on next page) and being responsible for subcontractors. c) Escrow. The builder must make an escrow deposit with the city to guarantee repair of any damage to public property (streets, curbs, sidewalks, utilities and boulevard trees), installation and maintenance of erosion control measures, and clean-up of litter and debris. If the city has to make corrections then the costs would be deducted from the escrow. The amount of the escrow would be determined in the city’s fee schedule. At the November 17, 2016 Council Work Session, Council expressed an interest in setting an escrow amount for major additions that is lower than new single or two-family homes. If Council approves the ordinance upon first reading, staff would ask the Council to amend the fee schedule after second reading of the ordinance on December 20, 2016. The following are the proposed escrow amounts:  New single or two family home: $2,000  Major addition: $1,000 2. Existing Regulations Affirmed. The CMA would require the builder to acknowledge and comply with the following regulations already in city code: a) Noise Limitations. The city’s current noise ordinance (section 645) does address construction-related noise but the ordinance may need to be revised to better protect adjacent residents. Staff is looking at other cities’ noise limitations and will present possible changes at a future work session. In the meantime, the current noise regulations will be enforced. b) Stormwater Management. For new homes, the builder must submit a stormwater management and erosion control plan for the project, and then install and maintain erosion control measures. This requirement is already found in section 530 of the city code. This issue has been a recurring problem that has taken a lot of city staff time. c) Traffic and Unloading. City code section 1310 has requirements that can be enforced to regulate loading and unloading of construction materials, obstructing traffic for long periods of time, and storing construction trailers in the street overnight. d) Public Trees. If applicable, boulevard trees should be protected during construction. City code section 800 prohibits damage to boulevard trees. 7.4 PAGE 4 OF 5 e) Litter and Debris. City code section 635 prohibits littering in general, and city code section 800 prohibits littering on public property and rights-of- way. Poor management of construction debris is a frequent cause of complaints. f) Portable Toilets. If a portable toilet is located on the property, it shall be placed so as to not present odors to neighbors or the street. The city’s nuisance ordinance (city code section 2010) prohibits offensive odors. City staff will photograph adjacent public infrastructure (streets, curbs, sidewalks, and boulevard trees) and property lines to document existing conditions before the building permit is issued. If the builder is in violation of the agreement including any of the items above, the city can issue a stop work order. This would include a stop work sign being posted on the property so neighboring residents can report any activity. This authority is found in the state building code which the city has adopted. 3. Communications and Outreach. The following items will be included in the construction management agreement: a) Letter to Adjacent Residents. Upon issuance of the building permit, the city will send a letter to adjacent property owners, including those located across a street or alley. This letter will contain information about the project, the name of the builder, the name and phone number of the builder’s project manager, and contact information for the code enforcement specialist in case issues arise. A handout will be included with the letter and would address the following frequently asked questions: − Has a permit been issued? − How will the home be laid out? − Who is doing the project? − What if I’m concerned about the proposed home setback? − How do I document damage to my property? − What hours of the day can work be done? − What should I do if I have a noise complaint? − What is the city’s role in resolving construction related issues? b) Property Sign. The builder will be required to place a sign on the property providing the name of the builder and the name and phone number of the builder’s project manager. The sign must remain on the property for the duration of the project. c) City Contact. The main city contact for residents will be the code enforcement specialist who will involve other city staff as necessary. 7.4 PAGE 5 OF 5 d) City Website. The city will provide general information on its website including the frequently asked questions. There will also be a web-based complaint form which will be routed to the code enforcement specialist. C. REQUESTED COUNCIL ACTION Staff would like to have this process in place for the spring 2017 construction season. To achieve this goal the following is the proposed ordinance adoption schedule: Dec. 20 Council considers second reading and adoption; fee schedule updated with escrow amounts Dec. 29 Summary of ordinance published Jan. 29 Effective date of ordinance Council is asked to approve first reading of the ordinance in attachment A. Attachment: A. Proposed residential construction management ordinance 7.4 1 Attachment A CITY OF CRYSTAL ORDINANCE #2016-____ AN ORDINANCE AMENDING CHAPTER 4 OF THE CRYSTAL CITY CODE The City of Crystal ordains: ARTICLE I. Chapter IV of the Crystal City Code is hereby amended by adding Section 403 as follows: Section 403 – Residential Construction Management 403.01. Purpose. The construction of new one-family or two-family dwellings, and the construction of major additions to existing dwellings, can disrupt the quietude of the neighborhood, damage adjacent public infrastructure, create stormwater and erosion problems, and result in littering and other nuisances. The purpose of this section is to reduce the negative impacts associated with such construction activities. 403.03. Definitions. Subdivision 1. The definitions in section 515.09 of this code shall apply to this section, except that the following words and terms shall, for the purposes of this section, have the meaning given them in this subsection. Subd. 2 “Applicant” means the person or entity that applies for a building permit and that will undertake, or is otherwise responsible for, the work to construct the new construction or major addition. Subd. 3. “Building permit” means a permit issued by the city to construct a new one- family or two-family dwelling or to construct a major addition to a one-family or two-family dwelling. Subd. 4. “New construction” means the construction of a new one-family or two- family dwelling. Subd. 5. “Major addition” means the construction of a second story of any size or a building addition totaling 500 square feet or greater to a one-family or two-family dwelling. Subd. 6. Residential construction management agreement means an agreement prepared by the city and entered into between the applicant for a building permit and the city that, at a minimum, identifies the specific items the applicant must take into consideration and follow during construction. 403.05. Permit. Subdivision 1. Permit Issuance. Before the building official may issue a building permit for new construction or a major addition, the applicant shall comply with the following requirements: 7.4 2 a) Pre-construction meeting. The applicant shall attend a meeting with city staff to discuss code requirements and the residential construction management agreement. b) Residential construction management agreement. The permit applicant shall complete and execute a residential construction management agreement on a form provided by the building official. The applicant is required to notify any subcontractors working on the project of the requirements of the agreement. Failure to comply with the terms of the agreement can result in a delay in construction, the issuance of a stop work order, or the initiation of other enforcement actions. c) Cash escrow. The applicant shall furnish a cash escrow to the city in the amount established in the city’s fee schedule. The city may draw on the cash escrow as needed to reimburse itself for the costs to repair damage to public property, install or repair erosion control measures or to remedy code violations. If the city determines the amount of escrow provided is not sufficient to fully reimburse the city for its costs, the city may provide the applicant written notice of the need to deposit additional funds in the escrow account. The applicant shall provide the city the required additional cash escrow within 30 days of the date of the written notice. The cash escrow shall be held by the city until the final certificate of occupancy is issued for the project, at which time the remaining escrow balance will be refunded, without interest, to the applicant. d) Property signage. A sign shall be posted by the applicant on the property at least five (5) days before new construction or a major addition commences, identifying the property address, type of project such as “New Home” or Home Addition”, the applicant and the name and working phone number for the applicant’s project manager. The sign face shall be four square feet in area. The lettering on the sign shall be of a sufficient size to be, in the judgement of the building official, visible from the street. The sign shall not be placed in the public right-of-way and shall be maintained until the certificate of occupancy is issued for the project. ARTICLE II. Effective date. This ordinance is effective upon adoption and 30 days after publication. ARTICLE III. This ordinance is effective upon adoption and 30 days after publication. First Reading: ____________, 2016 Second Reading: __________, 2016 Council Adoption:_________, 2016 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 7.4 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.5 7.6 7.7 7.7 7.7 7.7 7.7 7.7 Page 1 of 1 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ DATE: December 1, 2016 TO: Anne Norris, Executive Director (for December 6 EDA meeting) SUBJECT: Consider tentative acceptance of proposal and authorize an Option Agreement with Joe Meyer Homes for the lot at 4724 Lakeland Avenue North Joe Meyer Homes has submitted a proposal to option the lot at 4724 Lakeland Avenue North. The option duration would be 6 months for $500 and is renewable for another 6 months for another $500. The lot price would be $55,000. Joe Meyer Homes is a state-licensed residential building contractor with no enforcement actions. Attached are an aerial photo, builder’s proposal form, and preliminary site and house plan for a new one-story home with an attached two car garage. The builder has a buyer for the home. The house would have approximately 2,460 finished square feet on the main level with an open living-dining- kitchen area, three bedrooms and two bathrooms. There is a 2,460 SF basement which the builder does not plan to finish. However the basement floor plan does show the required future rough-in for a ¾ bath and an additional future bedroom. A future homeowner could finish the basement with additional bedrooms, a laundry room, family room, or other rooms. The EDA’s home design guidelines require that each wall of the home have at least one window. The builder’s house plans do not show windows on the north side elevation, which will not be a very visible elevation. The house plans show more than enough windows on the other home elevations. Staff recommends that the EDA waive the requirement that there be a window on the north elevation. Joe Meyer Homes has not previously submitted a purchase proposal to the EDA, and has only constructed one home in the last five years (the EDA prefers builders who have constructed at least three homes). This home was constructed in St. Louis Park in 2013. The builder indicated that they had constructed many homes before the economic downturn in 2008, but after that event they focused on home renovation. Staff has visited the home constructed by Joe Meyer Homes in St. Louis Park, and found it to be of good quality (a photo of the home is attached). The city’s building official has also contacted Joe Meyer Homes to provide them information about building code updates since 2013. If the EDA gives tentative acceptance of the proposal, then the required public hearing would be scheduled if Joe Meyer Homes decides to exercise the option. REQUESTED EDA ACTION: EDA give tentative approval of the option proposal and authorize an Option Agreement with Joe Meyer Homes for the EDA lot at 4724 Lakeland Avenue North. EDA STAFF REPORT 4724 Lakeland Avenue North Lot option proposal from Joe Meyer Homes Page 1 of 1 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ DATE: December 1, 2016 TO: Anne Norris, Executive Director (for December 6 EDA meeting) SUBJECT: Consider tentative acceptance of proposal and authorize an Option Agreement with Tollberg Homes for the lot at 5924 Elmhurst Avenue North Tollberg Homes has submitted a proposal to option the lot at 5924 Elmhurst Avenue North. The option duration would be 6 months for $500 and is renewable for another 6 months for another $500. The lot price would be $50,000. Tollberg Homes is a state-licensed residential building contractor with no enforcement actions. Attached are an aerial photo, builder’s proposal form, and preliminary site and house plan for a split entry home with an attached three car garage. The house would have approximately 1,200 finished square feet on the main level with an open living-dining-kitchen area, three bedrooms and two bathrooms. It would also have unfinished square footage on the lower level, with an option to have it finished with additional bedrooms, a bathroom, and family room. The builder does not yet have a buyer for the house. Similar homes have been built by Tollberg on four EDA lots, including most recently at 3122 Douglas Drive North. If the EDA gives tentative acceptance of the proposal, then the required public hearing would be scheduled at a later date if Tollberg decides to exercise the option. REQUESTED EDA ACTION: Tentative approval of the new home proposal and authorizing an Option Agreement with Tollberg Homes for the EDA lot at 5924 Elmhurst Avenue North. EDA STAFF REPORT 5924 Elmhurst Avenue North Lot option proposal from Tollberg Homes Posted: Dec. 2, 2016 City Council Second Work Session Agenda Dec. 6, 2016 Immediately following the regular EDA 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 Dec. 6, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Adams ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Ray ____ Kolb ____ Revering ____ Libby ____ Gilchrist ____ Parsons ____ Peak II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Commission appointments* 2. Crystal Ball update 3. 2017 Council meeting calendar 4. Constituent issues update 5. New business* 6. 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: December 1, 2016 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Crystal Community Outreach Task Force – Crystal Ball Update Earlier this year the City Council established the Crystal Community Outreach Task Force (CCOTF). The CCOTF has met regularly and has a subcommittee currently working on a community gala event, the Crystal Ball. This event is scheduled for Saturday, March 18, 2017 at the Crystal Community Center. The Task Force is working on event details such as catering and entertainment for the event and staff is developiong a marketing plan for the event. Council members Dahl and Peak will update the Council on plans for the Crystal Ball. The Council should consider the need to assist with the event including decorations, use of the Community Center and associated costs, etc. 2017 2017 CRYSTAL CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE Regular meetings of the Crystal City Council are generally held the first and third Tuesday of each month in the Council Chambers at City Hall, 4141 Douglas Drive North, beginning at 7 p.m. In addition, the City Council holds regular work session meetings before and after regular City Council meetings at City Hall. Standing work sessions are held immediately following the regular City Council meeting and Economic Development Authority (EDA) meeting, if scheduled. Additional work sessions are held beginning at 6:30 p.m. Moreover, regular additional work sessions of the City Council are held on the second Thursday of each month at City Hall beginning at 6:30 p.m. If the date of a regular meeting falls on a holiday or an election day, the date of the rescheduled meeting is reflected on the schedule. If an additional meeting is held, or if a regular meeting is rescheduled to a different date, time, or place, notice of the meeting will be posted at City Hall and on the City’s website. All meetings are open to the public, but the City Council may close meetings to the public to conduct business authorized or required by law to be conducted in a closed session. *Denotes a change in the regular meeting or work session schedule. January Jan. 3 City Council and work session meetings Jan. 12 Work session meeting Jan. 17 City Council and work session meetings February Feb. 7 City Council and work session meetings Feb. 9 Work session meeting Feb. 21 City Council and work session meetings March March 7 City Council and work session meetings March 9 Work session meeting March 21 City Council and work session meetings April April 4 City Council and work session meetings April 13 Work session meeting April 19* City Council and work session meetings May May 2 City Council and work session meetings May 11 Work session meeting May 16 City Council and work session meetings June June 6 City Council and work session meetings June 20 City Council and work session meetings June 8* No work session meeting July July 13 Work session meeting July 18* City Council and work session meetings (one meeting in July - 3rd Tuesday) August Aug. 15* City Council and budget work session meetings (one meeting in Aug. - 3rd Tuesday) Aug. 17 Budget work session meeting September Sept. 5 City Council and work session meetings Sept. 14 Work session meeting Sept. 19 City Council and work session meetings October Oct. 3 City Council and work session meetings Oct. 12 Work session meeting Oct. 17 City Council and work session meetings November Nov. 7 City Council and work session meetings Nov. 16 Work session meeting Nov. 21 City Council and work session meetings December Dec. 5 City Council and work session meetings Dec. 14 Work session meeting Dec. 19 City Council and work session meetings 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov All regular meetings of the City Council are broadcast live on channel 16. Meetings are rebroadcast the following Sunday at 6:30 p.m. and on Monday at 10:30 a.m. Live meeting webstreaming and past meetings can also be viewed at www.crystalmn.gov, under Online Services, go to OnDemand Council/EDA Meeting Videos.