2017.07.13 Work Session Packet
Posted: July 7, 2017
City Council
Work Session Agenda
July 13, 2017
6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the work session of the Crystal City Council was held at ______ p.m. on
July 13, 2017 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council members Staff
____ Kolb ____ Norris
____ LaRoche ____ Therres
____ Parsons ____ Gilchrist
____ Adams ____ Revering
____ Budziszewski ____ Ray
____ Dahl ____ Sutter
____ Deshler ____ Elholm
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Proposed changes to Chapter 6 of the City Code
2. Proposed changes to Chapter 7 of the City Code
3. Proposed changes to Section 211 of the City Code
4. Parks master plan and Council priorities for park improvements
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
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CITY OF CRYSTAL
ORDINANCE #2017-____
AN ORDINANCE AMENDING CHAPTER 6
OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter VI of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER VI
PUBLIC HEALTH
Section 600 – Public nuisances
600.01. Public nuisance prohibition. A person must not act, or fail to act, in a manner that is or
causes a public nuisance. For purpose of this section, a person that does any of the following is
guilty of maintaining a public nuisance:
(a) Maintains or permits a condition which unreasonably annoys, injures, or endangers the
safety, health, morals, comfort or repose of any considerable number of members of the
public;
(b) Interferes with, obstructs, or renders dangerous for passage, any public highway or right -
of-way, or waters used by the public; or
(c) Does any other act or omission declared by law or city ordinance to be a public nuisance.
600.03. Duties of city officers. City officials may apply and enforce any provision of this section
relating to public nuisances in the city. Any peace officer or other designated city official shall
have the power to inspect private premises and take all reasonable precautions to prevent the
commission and maintenance of public nuisances. Except in emergency situations of imminent
danger to human life and safet y, no peace officer or designated city official will enter private
property for the purpose of inspecting or preventing public nuisances without the permission of
the owner, resident, or other person in control of the property, unless the officer or person
designated has obtained a warrant or order from a court of competent jurisdiction authorizing
entry.
600.05. Abatement procedure. Subdivision 1. Procedure. Whenever a peace officer or other
designated city official determines that a public nuisance is being maintained or exists in the city,
the official may notify in writing the owner of record or occupant of the premises of such fact
and order that the nuisance be terminated or abated. The notice of violation shall specify the
steps to be taken to abate the nuisance and a reasonable time within which the nuisance is to be
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abated. If the notice of violation is not complied with within the time specified, the city council
may, after notice to the owner or occupant and an opportunity to be heard, determine that the
condition identified in the notice of violation is a nuisance and further order that if the nuisance
is not abated within the time prescribed by the city council, the city may abate the nuisance.
Subd. 2. Notice. The notice shall be served by a peace officer or designated city official
on the owner of record or occupant of the premises either in person or by certified mail. If the
premises are not occupied, the owner of record is unknown, or if the owner of record or occupant
refuses to accept notice, notice of the violation shall be served by posting it on the premises.
Subd. 3. Emergency procedure; summary enforcement. In cases of emergency, where
delay in abatement required to complete the procedure and notice requirements as set forth in
subdivisions 1 and 2 of this subsection will permit a continuing nuisance to unreasonably
endanger public health, safety, or welfare, the city council may order summary enforcement and
abate the nuisance. To proceed with summary enforcement, the peace officer or other designated
city official shall determine that a public nuisance exists or is being maintained on premises in
the city and that delay in abatement will unreasonably endanger public health, safety, or welfare.
The officer or designated official shall notify in writing the occupant or owner of the premises of
the nature of the nuisance, whether public health, safety, or welfare will be unreasonably
endangered by delay in abatement required to complete the procedure set forth in subdivision 1
of this subsection and may order that the nuisance be immediately terminated or abated. If the
nuisance is not immediately terminated or abated, the city council may order summary
enforcement and abate the nuisance.
Subd. 4. Immediate abatement. Nothing in this section shall prevent the city, without
notice or other process, from immediately abating any condition that poses an imminent and
serious hazard to human life or safety.
Subd. 5. Judicial remedy. Nothing in this section shall prevent the city from seeking a
judicial remedy as authorized by law.
600.07. Recovery of cost. Subdivision 1. Personal liability. The owner of the premises on which
a nuisance has been abated by the city, or a person who has caused a public nuisance on property
not owned by that person, shall be personally liable for the cost to the city of the abatement,
including administrative costs. After the work has been completed and the cost determined, the
city clerk or other city official shall prepare a bill for the cost and mail it to the responsible party.
Thereupon the amount shall be immediately due and payable to the city.
Subd. 2. Assessment. After notice and hearing as provided in Minnesota Statutes, section
429.061, as it may be amended from time to time, if the nuisance is a public health or safety
hazard on private property, the city clerk shall, on or before September 1 followi ng abatement of
the nuisance, list the total unpaid charges along with all other such charges as well as other
charges for current services to be assessed under Minnesota Statutes, section 429.101 against
each separate lot or parcel to which the charges are attributable. The city council may then
spread the charges against the property under that statute and any other pertinent statutes for
certification to the county auditor and collection along with current taxes the following year or in
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annual installments, not exceeding ten, as the city council may determine in each case.
600.09. Penalty. Any person who fails to comply with an abatement notice shall be guilty of a
misdemeanor. Each additional day of noncompliance constitutes a separate offense.
Section 605 – Garbage and refuse
605.01. Definitions. For purposes of this section, the following terms shall have the meanings
given them.
Subd. 1. Approved. "Approved" means acceptable to the health authority following the
determination as to compliance with established public health practices and standards.
Subd. 2. Composting. “Composting” means a microbial process that converts plant
materials to a usable organic soil amendment or mulch.
Subd. 3. Dumpster. “Dumpster” means a large container for temporary storage of refuse,
recycling, or source-separated compostable material.
Subd. 4. Health authority. "Health authority" means any officer or employee designated
by the city manager to enforce the provisions of this section.
Subd. 5. Litter. “Litter” includes all of the following:
(a) Refuse, as defined in this subsection;
(b) The meaning given by Minnesota Statutes, section 609.68; and
(c) Abandoned property in the form of deteriorated, wrecked or derelict property in
unusable condition or left unprotected from the elements. The term "abandoned
property" includes, but is not limited to, deteriorated, wrecked, inoperable,
unlicensed, partially dismantled, or abandoned motor vehicles, trailers, boats,
machinery, refrigerators, washing machines, household appliances, plumbing fixtures
and furniture.
Subd. 6. Owner. "Owner" means any person, firm, corporation, or other partnership or
organization who alone, jointly, or severally with others may be in ownership of, or have charge,
care, or control of, any premises or business within the city as owner, employee or agent of the
owner, or as trustee or guardian of the estate or person of the title holder.
Subd. 7. Pests. "Pests" means any insects, vermin, rodents, birds or any other living
agent capable of reproducing itself that causes or may potentially cause harm to the public health
or significant economic damage.
Subd. 8. Premises. "Premises" means any dwelling, house, building or other structure or
parcel of property.
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Subd. 9. Public place. "Public place" means any and all streets, sidewalks, boulevards,
alleys, parks, public buildings, and other public ways.
Subd. 10. Recycling. "Recycling" means the process of collecting and preparing
recyclable materials and reusing the materials in their original form or using them in
manufacturing processes that do not cause the destruction of recyclable materials in a manner
that precludes further use.
Subd. 11. Recyclable materials. "Recyclable materials" means materials that are
separated from mixed municipal solid waste for the purpose of recycling or composting,
including paper, glass, plastics, metals, automobile oil, batteries, source -separated compostable
materials, and sole source food waste streams that are managed through biodegradative
processes. Refuse-derived fuel or other material that is destroyed by incineration is not a
recyclable material.
Subd. 12. Refuse. "Refuse" means solid waste from residential, commercial, industrial,
and community activities that the generator of the waste aggregates for collection. Refuse does
not include recyclable materials, source-separated compostable materials or yard waste.
Subd. 13. Refuse enclosure. "Refuse enclosure" means an enclosure capable of
containing all refuse, recyclable materials, source-separated compostable materials, and yard
waste stored by an establishment between pickups.
Subd. 14. Refuse enclosure - food service. "Refuse enclosure - food service" means an
enclosure constructed for sanitary temporary storage of refuse, recyclable materials, and source-
separated compostable materials generated by food establishments.
Subd. 15. Roll-off container. “Roll-off container” means a usually open-top dumpster
characterized by a rectangular footprint. Typical container sizes are 10, 15, 20, 30, and 40 cubic
yards.
Subd. 16. Source-separated compostable materials. “Source-separated compostable
materials” has the meaning given it in Minnesota Statutes, section 115A.03, subd. 32a.
Subd. 17. Vehicle. "Vehicle" means every device in, upon or by which any person or
property is or may be transported or drawn upon a thoroughfare including devices used
exclusively upon stationary rails or tracks.
Subd. 18. Waste matter. “Waste matter” means, collectively, refuse, recyclable materials,
yard waste, and source-separated materials.
Subd. 19. Yard waste. “Yard waste” means garden wastes, leaves, lawn cuttings, weeds,
shrub and tree waste, and prunings.
605.03. Refuse storage and disposal. Subdivision 1. Containers required. The owner of any
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premises, and any other person having refuse, must provide and keep on such premises sufficient
containers for the storage of refuse accumulated on the premises between disposal or collection.
Each such container must be water tight, must have tight fitting covers, must be impervious to
pests and absorption of moisture, and must not exceed 96 gallons in size unless otherwise
specifically authorized in writing by the health authority. Refuse on any premises must be stored
in the containers required. All refuse from demolition or construction sites must be stored in
roll-off containers or dumpsters and may not be stored on the ground. Commercial, business,
industrial, or other such establishments having a refuse volume in excess of two cubic yards per
week and all six family and larger dwellings, must store refuse in roll -off containers or
dumpsters, or an approved equivalent, provided by its licensed collector. These containers must
be so located as to be accessible to collection equipment and so as not t o require an intermediate
transfer.
Subd. 2. Sanitary disposal. Refuse must be disposed of in a sanitary manner as approved
by the health authority and must not constitute a public nuisance.
Subd. 3. Frequency and manner of collection. The contents of refuse containers must be
collected at least every other week, or more frequently if necessary or required by the provisions
of any other ordinance of the city, by a collector licensed under this section. The collector must
transfer the contents of the containers to the vehicle without spilling them, or if any spilling
occurs, the collector must clean it up immediately and completely. Collection must be conducted
in such a manner as to not create a public nuisance. Upon each collection, the containers must be
completely emptied and returned to where they are kept, and the covers of the containers must be
replaced.
Subd. 4. Placement of containers.
(a) The preferred location for storage of containers is in an enclosed building. However,
if stored outside, containers must be placed and kept in a neat and orderly manner and
maintained in such a way as to not unreasonably interfere with the use of the
adjoining property.
(b) Containers may be placed at their designated collection location the evening before
the applicable collection day and shall be removed from that location no later than
12:00 p.m. on the day following the applicable collection day.
(c) Properties with a sidewalk directly behind the curb may place containers on that part
of the sidewalk closest to the curb in accordance with subdivision 4(b).
(d) Containers may never be placed on public streets or interfere in any way with the
removal of snow from the roadways.
Subd. 5. Defective containers. If a container is found to be in poor repair, corroded or
otherwise defective so as to permit pests to enter, or does not meet other requirements of this
section, the health authority may notify the provider or user of the container of the deficiency
and require repair or replacement of the container. If the deficiency is not corrected, the health
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authority may condemn the deficient container and affix a tag so stating such condemnation. It
is unlawful for any person to place or deposit refuse in a container which has been condemned.
Subd. 6. Dumpsters and roll-off containers. A dumpster or roll-off container may not be
located in any public place. A dumpster or roll-off container may not be located on any
residential premises for more than three consecutive months during any 12-month period. The
city manager, or its designee, is authorized to issue temporary permits for placement of a
dumpster or roll-off container on any residential premises for more than three consecutive
months when special circumstances exist justifying the issuance of the temporary permit and the
purposes of this section will not be impaired thereby. The permit must be displayed on the
dumpster or roll-off container or elsewhere on the premises. All dumpsters and roll-off
containers must have the current licensed collector's name, address and phone number in clearly
legible letters no less than three inches in height. No fee is required for the temporary permit.
605.05. Refuse storage and disposal - commercial and industrial. Subdivision 1. Dumpsters.
Exterior storage of refuse, including dumpsters, at buildings in property zoned for commercial or
industrial uses must conform to the following rules:
(a) The refuse must be contained in a refuse enclosure or in the case of food
establishments, in a refuse enclosure - food service; and
(b) The exterior storage area must be constructed in compliance with the open and
outdoor storage requirements contained in the city’s zoning regulations.
605.07. Refuse hauler regulations. Subdivision 1. License required. It is unlawful to engage in
hauling or conveying of waste matter from a premises, other than one's own domicile, in the city
without a license. Each vehicle so used must be licensed.
Subd. 2. License procedure. Applications for license or renewal of license must contain a
description of the types and makes of motor vehicles used for collection, a schedule of services
to be made to the customers, the frequency of service to be rendered, and full information where
and how the material collected will be disposed of, and any other information the health
authority will require. Applications to provide routine weekly collection and removal of refuse
from residences must provide complete collection of all refuse which normally results from day
to day use of this type of property except furnishings, appliances, building or construction wastes
and similar bulky wastes for which individuals must make special arrangements. The health
authority may require vehicle inspection before processing the license application. An
application for license under this section must be submitted to the health authority for review and
recommendation and approved by the city council if it meets the requirements of this section.
Fees for licenses are set by appendix IV.
Subd. 3. Pricing requirement. Applications for license or renewal of license must contain
a description of refuse collection charges. The charges must increase with the volume or weight
of the refuse collected from a premises. The charges imposed on a premises that recycle shall
not be greater than the charges imposed on a premises that do not recycle.
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Subd. 4. Insurance. Applicants for licenses or renewals of licenses must file with each
application a copy of an insurance policy or policies and an endorsement, under which there is
coverage as to each vehicle in the minimum amounts of $1,000,000 for bodily injury to each
person; $1,000,000 aggregate per occurrence; and, $1,000,000 for loss or damage to property.
Every policy must provide that it will not be cancelled or terminated for any reason without at
least ten days' written notice thereof first being given to the city.
Subd. 5. Vehicle specifications. Every vehicle used to collect refuse must clearly identify
the name and phone number of the owner or operator of that vehicle.
Subd. 6. Vehicle construction, maintenance and loading. Every vehicle used to collect
waste matter must be constructed in such a way that all waste matter is securely transported, and
that there is no dripping or leaking of any collected materials. Vehicles must be equipped with
the necessary tools to handle spills and the hauler must clean up any spills immediately. Vehicles
must be equipped with an audible electronic back-up alarm. Vehicles must be kept in good
repair, regularly cleaned, and maintained in a way to prevent persistent odors.
Subd. 7. Service cancellation. A licensed refuse hauler must cancel service to any
premises when the only container or containers thereon have been condemned and may cancel
service for cause or when the party charged for the collection service is two months or more
overdue in payment for such services. When a refuse hauler cancels service to any premises,
written notice thereof must be served upon or mailed to the occupant, manager or owner of the
premises and a copy of the notice must be mailed to the health authority.
Subd. 8. Vehicle storage and parking. It is unlawful to park or store a refuse collection
vehicle within 100 feet of any residential premises, or within 200 feet of any food establishment,
for purposes other than, or for periods inconsistent with, providing collection at said premises.
Subd. 9. Collection schedules and districts. The city council has the authority to create
and modify collection districts for refuse and recycling and may designate specific days during
which collection in each district may occur. Licensed haulers must establish their collection
routes and days of collection in a manner consistent with the city’s approved collection districts
and specified days of collection. Violation of this subdivision is grounds for revocation of the
hauler's license. It is not a violation of this subsection to collect refuse or recyclable materials on
a day other than the specified collection day if the collection is due to a missed pick up or is
during a week in which a legal holiday occurs.
605.09. Public nuisance; abatement. Unless stored in containers in compliance with this section,
any accumulation of refuse on any premises is deemed a public nuisance and may be abated
under section 600 of this code.
605.11. Composting. Subdivision 1. Compost containers. Composting shall only be conducted
within a covered or uncovered container, enclosed on all vertical sides. Containers shall be of a
durable material and shall be constructed and maintained in a structurally sound manner. Wood
used in the construction of a compost container must be sound and free of rot.
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Subd. 2. Size. The maximum size for a compost area on residential lots shall be 15 cubic
yards. The maximum size on non-residential lots shall be 25 cubic yards for lots under 10,000
square feet and 120 cubic yards for lots over 10,000 square feet.
Subd. 3. Location on property. A compost container may not be placed closer than five
feet from a property line or closer than 20 feet to any habitable building not on the subject
property. The compost may be located only in a rear yard as defined in the zoning regulations.
Subd. 4. Prohibited contents. The following materials may not be placed in a compost:
meat, fats, oils, grease, bones, whole eggs, milk or other dairy products, human or pet wastes,
pesticides, herbicides, noxious weeds, diseased plant material in which the disease vector cannot
be rendered harmless through the composting process, and any garbage or refuse that may cause
a public health risk or create nuisance conditions.
Subd. 5. Compost; construction. A compost may be constructed of (i) wood, (ii) wire
mesh, (iii) a combination of wood and wire, (iv) metal barrels with ventilation, or (v)
commercially fabricated bins or barrels.
Subd. 6. Maintenance. Compost materials shall be layered, aerated, moistened, turned,
and managed to promote effective decomposition of the materials in a safe, secure and sanitary
manner. Compost materials shall be covered with a layer of material such as leaves, straw, wood
chips, or finished compost to reduce odor.
Subd. 7. Technical assistance. The city manager is directed to prepare informational
materials to assist persons operating a compost in the efficient and odor free operation of a
compost and to offer technical assistance to those persons on the proper operation and
maintenance of a compost.
Subd. 8. Nuisance. Operating a compost in a manner that results in objectionable odors or
placing prohibited materials in a compost are both deemed public nuisances and may be abated
under section 600 of this code.
605.13. Wood piles. Subdivision 1. General rule. The outside storage of cut firewood for
residential buildings is permitted in residential zoning districts of the city subject to the
provisions of this subsection. The rules in this subsection do not apply to wood stored inside of a
building.
Subd. 2. Location and storage. All firewood located upon a residential premises must be
cut/split, prepared for use, and stored in neat, secure stacks. Stacks of wood may be located only
in rear yards as defined in the zoning regulations and may not be located on a property line. A
stack of wood located within five feet of the lot property line must be screened with a solid wall
or fence.
605.15. Litter. Subdivision 1. General rule. It is unlawful to throw, scatter or deposit litter on or
in private or public property, bodies of water, vehicles or structures within the city. Property
owners must maintain their premises free of refuse or other litter, except as otherwise expressly
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authorized by this section. The owner, lessee or occupant of private property, whether occupied
or vacant, must maintain the property free of litter.
Subd. 2. Nuisance; abatement. The accumulation of excess litter on private property is
deemed a public nuisance and may be abated under section 600 of this code.
Subd. 3. Not exclusive. The authority granted by this subsection is in addition and
independent of the authority granted and the procedure established by section 1315 of this code.
Section 610 - Recycling
610.01. Definitions. For purposes of this section, the following terms shall have the meanings
given them.
Subd. 1. Dwelling unit. "Dwelling unit" means a residential structure in the city that is
designated by the recycling authority to receive recycling collection services.
Subd. 2. Generator and mixed municipal solid waste. "Generator" and "mixed municipal
solid waste" have the meanings given those terms in Minnesota Statutes, section 115A.03.
Subd. 3. Multifamily dwelling. “Multifamily dwelling” means a building designed with
three or more dwellings exclusively for occupancy b y three or more families living
independently of each other.
Subd. 4. Recycling and recyclable materials. “Recycling” and “recyclable materials”
have the meanings given those terms in subsection 605.01 of this code.
Subd. 5. Recycling authority. "Recycling authority" means the official designated by the
city manager to perform the powers and duties of the recycling authority as provided in this
section. The recycling authority may be the administrator of the Hennepin Recycling Group
joint powers entity of which the city is a member.
Subd. 6. Recycling container. "Recycling container" means a receptacle designated by
the recycling authority for the accumulation and collection of recyclable materials at a dwelling
unit.
Subd. 7. Recycling collection services. "Recycling collection services" means the
collection of recyclable materials accumulated in recycling containers from a location at a
dwelling unit that is designated by the recycling authority for regular collection.
Subd. 8. Recycling services. "Recycling services" means recycling collection services,
carryout collection services, and any other services provided to a dwelling unit in accordance
with this section.
610.03. Recycling authority; powers. The recycling authority is responsible for supervising and
controlling the collection, processing, and marketing of recyclable materials from all dwelling
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units in the city. The recycling authority may contract with one or more haulers or processors for
the collection, processing and marketing of some or all types of recyclable materials from
dwelling units. The recycling authority may adopt and enforce additional rules not inconsistent
with this section as necessary for the collection, processing, and marketing of recyclable
materials, including but not limited to rules governing the days and hours of collection, the types
of recyclable materials to be collected, the manner in which generators must prepare recyclable
materials for collection, the recycling containers to be used, and the location of recycling
containers for collection. The rules of the recycling authority are not effective until approved by
the city council.
610.05. Recycling rates; billings. Subdivision 1. Rates. The city council may establish rates for
recycling services from time to time by resolution. By resolution the city council may also
charge the cost of recycling containers to owners or occupants of dwelling units as a recycling
service.
Subd. 2. Billing. Each owner or occupant of a dwelling unit must pay the rates for
recycling collection services, unless an exemption is obtained as provided in this section. The
amounts payable for recycling services will be shown as a separate charge on the utility bill for
the dwelling unit and will be payable according to the same terms as those provided in this code
for utility bills.
610.07. Assessment of unpaid bills. On or before September 1st of each year, the city clerk
must list the total unpaid charges for recycling services against each lot or parcel to which they
are attributable. The city council may then spread the charges against the property benefitted as
a special assessment in the same manner as provided for current services by Minnesota Statutes,
section 429.101 and other pertinent statutes for certification to the director of property taxation
of Hennepin County and collection the following year along with the current taxes.
610.09. Rate exemption. Subdivision 1. Exemption. A dwelling unit will not be billed for
recycling collection services if the owner or occupant of the dwelling unit establishes that the
recyclable materials generated at the dwelling unit are separated from mixed municipal solid
waste by the generator, are separately collected, and are delivered to a final desti nation for reuse
in their original form or for use in a manufacturing process.
Subd. 2. Application. Application for an exemption must be made by the owner or
occupant of the dwelling unit to the recycling authority. The owner or occupant must produce
evidence to the recycling authority of the amount, by weight and type, or recyclable materials
that are separated, collected and delivered for reuse in their original form or for use in a
manufacturing process. The recycling authority may establish additional reasonable criteria for
determining when an exemption will be granted. The recycling authority's decision to grant or
deny a request for exemption is final.
Subd. 3. Expiration and renewal. Rate exemptions granted under this subsection shall
automatically expire after three years. Upon expiration, the owner or occupant may reapply
pursuant to the application requirements contained in subdivision 2.
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610.11. Ownership of recyclable materials; scavenging prohibited. Subdivision 1. Ownership.
Recyclable materials are the property of the generator until collected by authorized city
employees, collectors or haulers. Recyclable materials become the property of the city,
authorized collector, or authorized hauler upon collection.
Subd. 2. No scavenging. It is unlawful for a person, other than authorized employees of
the city or authorized haulers, to distribute, collect, remove or dispose of recyclable materials
after the materials have been placed or deposited for collection.
Subd. 3. Penalty. A violation of this subsection is a misdemeanor and may be punished
as provided in chapter 115 of this code.
610.13. Relation to other provisions of code. To the extent that the provisions of this section are
inconsistent with the provisions of section 605 of this code, the provisions of this section govern.
610.15. Multifamily dwellings. Subdivision 1. Recycling services. Owners of multifamily
dwellings containing more than eight dwelling units must provide recycling collection services to
all residents of the dwelling. Recyclable materials must be collected at least once per month.
Subd. 2. Recycling; notice. Owners of multifamily dwellings must provide notice to all
new tenants of the opportunity to dispose of recyclable materials as well as the location of the
disposal site.
Subd. 3. Recycling; preparation. Owners of multifamily dwellings must provide
information to all new tenants related to the proper preparation of recyclable materials for
collection.
Subd. 4. Recycling containers. Owners of multifamily dwellings must insure that stolen
or broken containers for recyclable materials are replaced within a reasonable time.
Subd. 5. Landfilling prohibited. It is unlawful for an owner of a multifamily dwelling or
an agent or contractor of an owner, to transport for disposal or to dispose of recyclable materials
in a solid waste disposal facility, or to contract for such transportation or disposal.
Subd. 6. Penalties. Violation of subdivisions 1, 2, 3 or 4 of this subsection is punishable
as a petty misdemeanor. Upon a third or subsequent violation of subdivisions 1, 2, 3 or 4 by the
same owner, the violation is punishable as a misdemeanor. Violation of subdivision 5 of this
subsection is punishable as a misdemeanor.
610.17. Commercial buildings. Subdivision 1. Responsibility. Owners of commercial
buildings must meet the recycling requirements imposed upon them by Minnesota Statutes,
section 115A.151, as it may be amended from time to time.
Subd. 2. Penalties. A violation of this subsection is punishable as a petty misdemeanor.
Upon a third or subsequent violation by the same owner, the violation is punishable as a
misdemeanor.
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610.19. Defective recycling containers. If a recycling container is found to be in poor repair,
corroded or otherwise defective so as to permit pests to enter, or does not meet other
requirements of this section, the recycling authority may notify the provider or user of the
deficiency and require repair or replacement of the recycling container. If the deficiency is not
corrected, the recycling authority may condemn the deficient recycling container and affix a tag
so stating such condemnation. It is unlawful for any person to place or deposit recyclable
materials in a recycling container which has been condemned.
Section 615 – Vegetation
615.01. Definitions. For purposes of this section, the following terms shall have the meanings
given them.
Subd. 1. Maintenance plan. “Maintenance plan” means a document submitted with an
application for a native vegetation permit demonstrating a precise course of maintenance for
numerous individual plants in a landscape over months and seasons.
Subd. 2. Native vegetation. “Native vegetation” means those indigenous trees, shrubs,
wildflowers, grasses and other plants that have naturally adapted themselves to the climate and
soils of the area but require cultivation and maintenance to remain viable.
Subd. 3. Native vegetation permit. “Native vegetation permit” means a permit issued by
the city pursuant to this section allowing an owner or occupant to cultivate native vegetation
upon their property, subject to the restrictions of this section.
Subd. 4. Natural habitat. “Natural habitat” means specially uncultivated valued and
sensitive habitat whereupon native vegetation exists in a pristine state and provides habitat for a
variety of species native to the area. Such vegetation shall maintain itself in a stable condition
with minimal human intervention.
Subd. 5. Noxious weed. “Noxious weed” means an annual, biennial, or perennial plant
designated by the Minnesota Commissioner of Agriculture or the city council as injurious to
public health, the environment, public roads, crops, livestock, or other property.
Subd. 6. Rank vegetation. “Rank vegetation” means uncultivated vegetation growing at
a rapid rate due to unplanned, unintentional, or accidental circumstances.
Subd. 7. Turf grass. “Turf grass” means cultivated vegetation consisting of a highly
maintained surface of dense grass underlain by a thick root system.
Subd. 8. Weeds. “Weeds” means unsuitable, unwanted, or uncultivated vegetation, often
causing injury to the desired vegetation type.
615.03. Weed inspector. As provided by state law, the mayor is the weed inspector.
These duties may be assigned to the city manager or the city manager’s designee.
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615.05. General rules. Subdivision 1. Lot areas. All lot areas not designated for buildings,
pedestrians or vehicles, parking, recreation, and storage shall be provided with turf grass, native
vegetation, or combined ground cover of cultivated vegetation, garden, hedges, trees and
shrubbery.
Subd. 2. Noxious weed prohibition. No owner or occupant of any lot shall allow any
noxious weeds to grow on any part or portion of said lot.
Subd. 3. Height limitation. No owner or occupant shall allow any turf grass, weeds, or
rank vegetation to grow to a height greater than eight inches on any lot or parcel of land.
However, a native vegetation permit exempts an owner or occupant from this subsection. The
height of native vegetation shall be as stated in the native vegetation permit.
615.07. Native vegetation permit. Subdivision 1. Application. The application for a native
vegetation permit and renewal application, which shall be provided by the city manager, or its
designee, shall contain the following:
(a) The Latin and common names of the species the property owner or occupant
plans to cultivate.
(b) A maintenance plan, which shall contain the following:
(1) A planting diagram showing the location and mature height of all specimens
of native vegetation; and
(2) Detailed information on the upkeep of the planting and any long-term
maintenance requirements.
Subd. 2. Permit issuance. Upon submission of an application in accordance with this
subsection, the city manager, or its designee, shall review the application and either approve or
deny it. If approved and issued, the permit grants any property owner or occupant with written
permission of the owner the ability to cultivate native vegetation on the applicable property. A
native vegetation permit shall be valid for five years from the date of approval. The city
manager, or its designee, shall not approve a permit for any applicant having unresolved city
code violations or administrative citations.
615.09. Compliance. The city manager, or its designee, may regularly inspect any property
holding a native vegetation permit for compliance with the maintenance plan on file with the
city. For any property out of compliance with the maintenance plan, the city manager, or its
designee, shall provide mailed notice to the permit holder requiring that the property conform to
the maintenance plan within 30 days. Should that period pass without action by the permit
holder, the city manager, or its designee, shall:
(a) Revoke the native vegetation permit;
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14
(b) Remove all improperly maintained native vegetation;
(c) Declare the property ineligible for a native vegetation permit, unless sold, for a
period of two years; and
(d) Assess the property for all fees associated with any removal of improperly
maintained native vegetation in accordance with Minnesota Statutes, section
429.101 and subsection 8.02 of the city charter.
615.11. Additional exemptions. Subdivision 1. Exemptions. The following exemptions shall
apply according to their terms.
Subd. 2. Vacant land. The owner of vacant and unoccupied land consisting of a
contiguous tract of one acre or more is exempt from the eight-inch limit, provided that weeds,
turf grass, native vegetation, and rank vegetation thereon are cut at least twice annually. The
first cutting shall not be later than June 1, and the last cutting shall be no earlier than July 15.
Subd. 3. Natural habitat.
(a) All private lands designated by the city council as natural habitat shall be exempt
from the provisions of this section.
(b) All public lands designated in the city’s comprehensive plan as natural habitat
shall be exempt from the provisions of this section.
615.13. Penalty. A person who fails or neglects to cut and remove or otherwise eradicate
weeds or grass as directed in this section, or who fails, neglects, or refuses to comply with the
provisions of any notice provided under this section, or who violates any provision of this
section, or who resists or obstructs the cutting, removal, or eradication of weeds or grass under
this section, is guilty of a misdemeanor. Each day on which the violation continues is a separate
offense.
Section 620 – Warning signs for pesticide application
620.01. Definitions. For purposes of this section, the following terms shall have the meanings
given them.
Subd. 1. Commercial applicator. “Commercial applicator” means a person who is
engaged in the business of applying fertilizer for hire.
Subd. 2. Fertilizer. “Fertilizer” means a substance containing one or more recognized
plant nutrients that is used for its plant nutrient content and designed for use or claimed to have
value in promoting plant growth. Fertilizer does not include animal and vegetable manures that
are not manipulated, marl, lime, limestone, and other products exempted by Rule by the
Minnesota Commissioner of Agriculture.
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15
Subd. 3. Noncommercial applicator. “Noncommercial applicator” means a person who
applies fertilizer during the course of employment, but who is not a commercial lawn fertilizer
applicator.
Subd. 4. Pesticide. “Pesticide” means a substance or mixture of substances intended to
prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for
use as a plant regulator, defoliant or desiccant.
620.03. Warning signs for pesticide application. All commercial or noncommercial applicators
that apply pesticides to turf areas must post or affix warning signs on the property where the
pesticides are applied. The warning signs shall comply with the requirements of Minnesota
Statutes, section 18B.09, subdivision 3.
620.05. Penalty. Any person violating this section shall be guilty of a petty misdemeanor.
Section 625 - Noise control
625.01. General rule. No person shall cause to be made any loud audible noises that
unreasonably or unnecessarily annoy, disturb, or cause any breach of peace. Any person who
causes such noise that can be heard from the exterior of their structure or property, whether
public or private, or motor vehicle is in violation of his section.
625.03. Unlawful noises. Subdivision 1. Prohibited. The following acts are declared to be loud,
disturbing, and unnecessary noises in violation of this section, but said enumeration shall not be
deemed to be exclusive.
Subd. 2. Horns, signaling devices, etc. The sounding of any horn or signaling device on
any automobile, motorcycle, or other vehicle, except as a danger warning.
Subd. 3. Noise amplifying devices and musical instruments. The using, operating, or
permitting to be played any musical instrument or other machine or device that is used for the
production or reproduction of sound in such manner as to disturb the peace, quiet or repose of a
person or persons of ordinary sensibilities.
(a) The use or operation of any musical instrument or other machine or device for the
production or reproduction of sound in such a manner as to be plainly audible at a
distance of fifty (50) feet from such instrument, machine, or device shall be prima
facie evidence of a violation of this section.
(b) When sound violating this section is produced or reproduced by a machine or device
that is located in or on a vehicle, the person in charge or control of the vehicle at the
time of the violation is guilty of the violation.
(c) This section shall not apply to sound produced by the following:
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16
(1) Amplifying equipment used in connection with activities which are authorized,
sponsored or permitted by the city, so long as the activity is conducted pursuant to
the conditions of the license, permit or contract authorizing such activity;
(2) Church bells, chimes or carillons;
(3) School bells;
(4) Anti-theft devices; and
(5) Machines or devices for the production of sound on or in authorized emergency
vehicles.
Subd. 4. Advertising. The using, operating, or permitting to be played any musical
instrument or other machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting the attention of the
public to any building or structure.
Subd. 5. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing at any
time or place so as to unreasonably annoy or disturb the quiet, comfort or repose of persons in
any office, or in any dwelling, hotel, motel, or other place of residence, or of any persons in the
vicinity.
Subd. 6. Animals, birds, etc. No person shall keep any animal that unreasonably disturbs
the comfort or repose of persons in the vicinity.
Subd. 7. Whistles or sirens. The blowing of a locomotive whistle or steam whistle
attached to any stationary boiler or any siren whatsoever except to give notice of the time to
begin or stop work or as a warning of fire or danger (or to test such equipment), or by public
emergency vehicles.
Subd. 8. Exhausts. The discharge into the open air of the exhaust of any vehicle except
through a muffler or other device which will effectively prevent loud or explosive noises
therefrom.
Subd. 9. Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so
out of repair, so loaded, or in such manner as to create a loud and unnecessary grating, grinding,
rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity.
Subd. 10. Sound trucks for advertising purposes. The use of sound trucks or any other
vehicle equipped with sound amplifying devices for the purposes of advertising.
Subd. 11. Loading, unloading, opening boxes. The creation of a loud and excessive noise
in connection with loading or unloading any vehicle or the opening and destruction of bales,
boxes, crates, on containers.
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Subd. 12. Construction or repairing of buildings. No person shall engage in the erection
(including excavating), demolition, alteration, or repair of any building except between the hours
of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on
any weekend or holiday, further excepting that the building inspector may, in cases of
emergency, grant permission to repair at any time when said inspector finds that such repair
work will not affect the health and safety of the persons in the vicinity. When such construction
is authorized by the building inspector, the inspector shall inform the city clerk of the permit.
Subd. 13. Schools, courts, churches, hospitals. The creation of any excessive noise on
any street or private property adjacent to any school, institution of learning, church, court, or
hospital while the same are in use which unreasonably interferes with the use thereof provided
conspicuous signs are displayed in such streets indicating that the same is a school, hospital or
court street.
Subd. 14. Noisy parties and gatherings. No person shall, between the hours of 10:00 p.m.
and 7:00 a.m., congregate at, or participate in any party or gathering of two or more people from
which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of
another person. No person shall knowingly remain at such a noisy party or gathering.
(a) Noise of such volume as to be clearly audible at a distance of 50 feet from the
structure or building in which the party or gathering is occurring, or in the case of
apartment buildings, in the adjacent hallway or apartment, shall be prima facie
evidence of a violation of this section.
(b) When a police officer determines that a party or gathering is in violation of this
section, the officer may order all persons present at the premises where the violation
is occurring, other than the owner or tenants of the premises, to disburse immediately.
No person shall knowingly remain at such a party or gathering.
(c) The following are exempt from violation of this section:
(1) Activities which are duly organized, sponsored or licensed by the city, so long as
the activity is conducted pursuant to the conditions of the license, permit or
contract authorizing such activity;
(2) Church bells, chimes or carillons; and
(3) Persons who have gone to a party for the sole purpose of abating the violation.
(d) Every owner or tenant of the premises where a party or gathering in violation of this
subsection occurs, who is present at such party or gathering, is guilty of a
misdemeanor. Any person who refuses to disburse from a party or gathering in
violation of this section after being ordered by a police officer to do so, is guilty of a
misdemeanor.
Subd. 15. Noise standards. Any noise that exceeds the noise standards established in
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Minnesota Rules, chapter 7030, which is incorporated in and made part of this section.
625.05. Exemptions authorized. Upon special request made by contractors, the city council may
exempt contractors performing public works operations from the requirements set forth in this
section.
625.07. Penalty. Any person who violates any part of this section shall be guilty of a
misdemeanor.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2017
Second Reading: __________, 2017
Council Adoption:_________, 2017
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
1
492782v2 DTA CR225-423
REPORT TO THE CITY COUNCIL REGARDING THE WORK OF THE CODE REVIEW TASK FORCE
July 13, 2017 City Council Work Session
CHAPTER 7
SECTION TASK FORCE
RECOMMENDATION
STAFF COMMENTS/
RESIDENT COMMENTS
(resident comments in
parentheses and italicized)
ATTORNEY
RECOMMENDATION
COUNCIL
DIRECTION
700 Format so similar subjects are
close to each other.
Will reformat sections as needed
700.03 Place purpose statement as
previously discussed.
Compostable toilets should be
addressed, if allowed.
Will be addressed as part of the non-
substantive reformatting
Unsure re: compostable toilet comment
705 Make sure we have updated
construction site and runoff
regulations, including inspection
requirements (during work and
post-construction) and ongoing
BMP inspections
Will verify requirements and update as
needed
705 Need to include prohibition of
dumping anything into a catch
basin and penalties if you get
caught doing so (we have one
already for sanitary sewers)
Will verify requirements and update as
needed
705 This section should include
language that the sleeving of
existing pipes is permitted but
must be connected at the main
(i.e. no unconnected sleeves).
Will verify requirements and update as
needed
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492782v2 DTA CR225-423
705 Also include that all connections
to the city sanitary main and
lateral sewer pipes must be with
materials approved by the city.
Will verify requirements and update as
needed
705.01 Place definitions as
previously discussed and be
sure definitions are
consistent.
Will be addressed as part of the non-
substantive reformatting
705.01, subd. 10 Make consistent with Section
605.01 definition of garbage.
Will amend as needed
705.01, subd. 14 Spell out acronym before
using it.
Will adjust formatting as needed
705.07 Specifically say that the lateral
service connections are owned
by the property that they serve.
Maintenance, etc. is their
responsibility as well.
Will clarify language as needed
705.09 Explicitly state that the
connection of sump pump,
footing, and other run-off related
water is prohibited and to see
section 730 for more info.
Will specify prohibitions consistent
with section 730
705.09, subd. 2e Update (remove paunch
manure)
Will amend as needed
710.01 Locate definitions as
discussed previously except
to the extent needed for
context in this section.
Will amend as needed
710.03 Update this section Will verify and update as needed
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492782v2 DTA CR225-423
710.03-.05 Update and be sure we are
consistent with MCES
standards and uses. Place
fees in fee ordinance. In
Subd. 3, consider billing
based on student count rather
than classroom count.
Reference appendix IV rather
than including rates in the code
Will verify with MCES standards and
make updates as needed
710.05, subd. 7 Is this needed? Will determine whether this is
necessary
710.19 Relocate deleted sections to
that area
710.20, subd. 2 Combine definitions with
Section 710.01 and relocate
as discussed previously.
Will move definitions to appropriate
section
715 Explicitly say that the City owns
the lateral up to, and including,
the curb stop. Beyond that is the
ownership of the property that it
serves (property owner’s
responsibility begins at the
connection to the curb stop)
Will clarify 715.17 as needed with this
language
715.01 Format to be consistent with
similar sections. Move
reference to superintendent
up front since has control
over entire Chapter.
Will confirm that superintendent has
enforcement authority over all sections
and revise as needed
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492782v2 DTA CR225-423
715.23 Clarify that any new water
service to a property in the City
must either be through an
existing well (that meets State
requirements) or from the City
water. i.e. no new wells are
allowed. Maybe put in some
special exception
Will clarify language as needed
The issue with new wells is a policy
question
715.21 Some of this language may be
able to be managed under the
Right of Way code for
excavations.
Will review right of way ordinance and
amend as needed
715.31, subd. 4 Verify that size is
recommended, not required or
clarify
Shorten this to say materials and
construction methods approved
by the City.
Will verify and simplify as needed
715.33, subd. 2a We want the owner to do this
restoration work at their cost to
City standards. The City would
only do it if the owner (or their
contractor) failed to
This is a policy question
715.33, subd.
2(c)
Make sure this section is
flexible enough to allow for
new technologies in the
future.
Will amend language as needed
715.37 The connection must be made
before 2:30pm as that gives
some time for the day to end
Will amend to 2:30 at request of city
staff
715.39 Just make sure this is still current Will review and determine if changes
are needed
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492782v2 DTA CR225-423
715.47 Include definition from
Section 105.01 to clarify.
No change necessary
715.49 Simplify and clarify this
section to the extent possible.
Should owners pay use charges
when service is shut off?
Will review and simplify if possible
715.55, subd. 2 Place definition in Section
715.01 with the rest of the
definitions.
Will move definitions to appropriate
section
715.61, subd. 2 Relocate purpose consistent
with previous discussion.
Will be addressed as part of the non-
substantive reformatting
730 Place all sewer sections
together.
Make sure there is language
prohibiting discharge from sump
pumps, foundation, drains,
and/or rain leaders into the
sanitary sewer system
Will verify prohibitions are in place
and if not, will amend as needed
Will review and determine if
consolidation is appropriate
730 Make sure there is language
requiring the disconnection of
existing foundation drains, sump
pumps, and roof leaders from the
sanitary sewer system
Will verify and amend as needed
730.01 Relocate purpose consistent
with previous discussion.
Will be addressed as part of the non-
substantive reformatting
730.05 and .13 If still needed, update these
sections
Will update language to apply moving
forward
1
Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To:Crystal City Council
From:Troy Gilchrist, City Attorney
Re:Options for Adjusting Council Salaries
Date:July 6, 2017
---------------------------------------------------------------------------------------------------------------------
This memo provides the council information on the statutory requirements regarding setting
Council salaries and reviews options for adjusting council salaries based on an index or formula.
While the council, as it is aware, sets its own salaries, it must do so within the limits imposed by
the City Charter and statute. Under Section 2.09 of the City Charter,“[t]he salaries of the mayor
and councilmembers are fixed by ordinance in the manner provided by law.”The applicable
statute is Minnesota Statutes, section 415.111, which is included at the end of this memo. The
council’s salaries are currently set out in Section 211.01 of the City Code.
They key requirements of the statute are:
1.A council “may by ordinance fix their own salaries” (emphasis added);
2.Councils set the salaries “in such amount as they deem reasonable”;
3.“No change in salary shall take effect until after the next succeeding municipal election”;
4.A council may, by ordinance, temporarily reduce its salaries with immediate effect (i.e.,
without having to wait until after the next succeeding election for it to take effect).
I underlined the word “fix” in the quote above because that word is important in deciding
whether a council using a formula or referring to an index for setting its salary is sufficiently
fixing it under the statute. The word “fix” connotes a permanence and finality that calls into
1 Salaries are also discussed in Minn. Stat. § 412.021, subd. 5, but only with respect to setting initial salaries of
councilmembers in a newly incorporated city.
2
question a process for setting salaries that depends on a calculation or reference to something
outside of the ordinance.
My review of this issue revealed no definitive answer. There are some cities that include a salary
adjustment provision in their code. I have attached two examples of such language I found in the
City of Chanhassen (City of Edina has the same language) and the City of Plymouth. The first
makes an increase based on the annual percentage increase in the Compensation Limit for Local
Government Employees,and the second refers to the percentage change in the Consumer Price
Index (CPI). However,when you look at the published compensation limit (see attached)
referred to in the first example, it is also based on the CPI.
The City of Hopkins recently took a more conservative approach by setting specific dollar
figures for the salaries and then mandating an annual review of salaries based on the public
employee compensation limit. Rather than automatically adjusting salaries based on the change
in the compensation limit, the council must act by ordinance to actually “fix” the amount of the
salaries based on the change in the index.
There is some risk associated with the automatic adjustment approach, though I think it unlikely
that such an approach will be challenged. If it were challenged and found by a court to not
satisfy the statutory requirement to “fix” salaries, the likely worst case result would be to require
the City to revert to the previously approved salary amount and not allow any increase until new
fixed salaries are set by ordinance that would go into effect after the next succeeding election. It
is difficult to guess as to what that would mean for the amounts paid in excess of the salaries last
fixed by ordinance, but in the absence of malfeasance I think it is unlikely the court would order
any sort of claw back of salaries already paid. If, on the other hand, the Council would like to
take the more conservative approach, it could follow the annual review and action by ordinance
approach adopted by Hopkins.
In either case, if the Council would like to tie its salary setting or review based on some outside
resource, the language in the ordinance must be clear as to the specific resource being relied
upon and how salaries are to be adjusted based on it. As mentioned, the CPI seems to be the
common resource, but the Council is not necessarily limited to it as long as it has a reliable
alternative. If the Council does which to consider a change to how salaries are set, I would be
happy to prepare an ordinance for review based on the approach the Council would like to take.
3
415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES.
Subdivision 1.Set by ordinance. Notwithstanding the provisions of any general or
special law, charter, or ordinance, the governing body of any statutory or home rule charter city
of the second, third or fourth class may by ordinance fix their own salaries as members of such
governing body, and the salary of the chief elected executive officer of such city, in such amount
as they deem reasonable.
Subd. 2.After next election. No change in salary shall take effect until after the next
succeeding municipal election.
Subd. 3.Temporary reductions. Notwithstanding subdivision 2 or a charter provision to
the contrary, the governing body may enact an ordinance to take effect before the next
succeeding municipal election that reduces the salaries of the members of the governing body.
The ordinance shall be in effect for 12 months, unless another period of time is specified in the
ordinance, after which the salary of the members reverts to the salary in effect immediately
before the ordinance was enacted.
___________________
City of Chanhassen (Sec. 2-1(c))
(c)Salary review. On September 1 of even numbered years beginning in 2018, the salaries
in subsections (a) and (b) of this section must be adjusted with an effective date of the
following January 1. The salaries must equal the limit for the prior year, increased by the
percentage increase contained in the Compensation Limit for Local Government
Employees, annually published by the Minnesota Office of Management and Budget,
pursuant to M.S. § 43A.17.
City of Plymouth (Sec. 205.01, subd. 3)
Subd. 3. Salary Adjustment. Following the municipal regular election in 2002, and
following each subsequent municipal regular election, the salary of the Mayor and
Councilmembers shall be adjusted following the municipal election to become effective January
1 in a percentage equal to the change in the United States Department of Labor Consumer Price
Index (November report) for all urban consumers U.S. city average since the last salary
adjustment. (Ord. 2000-18, 5/09/2000)
4
Minnesota Department of Management and Budget
Local Government Compensation Limits by
Ye ar
Local Government
Effective Date Compensation Limit (without waiver) CPI-U Increase
01/01/2017 $167,978 1.6%
01/01/2016 $165,333 0.2%
01/01/2015 $165,003 1.7%
01/01/2014 $162,245 1.0%
01/01/2013 $160,639 2.2%
01/01/2012 $157,181 3.5%
01/01/2011 $151,866 1.2%
01/01/2010 $150,065 0.0%
01/01/2009 $150,065 3.7%
01/01/2008 $144,711 3.5%
01/01/2007 $139,817 1.3%
01/01/2006 $138,023 4.3%
08/01/2005 $132,333 --
Minnesota State Statute 43A.17 limits the salary and the value of all other forms of
compensation of a person employed by a political subdivision of this state, excluding school
districts starting in 2005. The statute establishes that the limits are adjusted on January 1 of each
year based on the Consumer Price Index increase. The new limit is equal to the limit for the prior
year and increased by the percentage increase in the Consumer Price Index for all-urban
consumers (CPI-U) from October of the second prior year to October of the immediately prior
year. The Bureau of Labor Statistics releases the monthly readings for the Consumer Price
Index in the second half of the following month. The October readings are typically
released after November 15th, therefore Minnesota Management and Budget will calculate
and post the salary limit for the next calendar year in late November of each year.Refer to
Subdivision 9 of State Statute 43A.17 for complete text.
The employee's salary includes deferred compensation and payroll allocations to purchase an
individual annuity contract. The value of other forms of compensation is defined as the annual
cost to the political subdivision for the provision of the compensation. Other forms of
compensation which must be included to determine an employee's total compensation for the
limit are all other direct and indirect items of compensation which are not specifically excluded
by the subdivision. Other forms of compensation which must not be included in a determination
of an employee's total compensation limit are: employee benefits that are also provided for the
majority of all other full-time employees of the political subdivision, vacation and sick leave
5
allowances, health and dental insurance, disability insurance, term life insurance, and pension
benefits or like benefits the cost of which is borne by the employee or which is not subject to tax
as income under the Internal Revenue Code of 1986; dues paid to organizations that are of a
civic, professional, educational, or governmental nature; and reimbursement for actual expenses
incurred by the employee which the governing body determines to be directly related to the
performance of job responsibilities, including any relocation expenses paid during the initial year
of employment.
Memorandum
DATE: July 5, 2017
TO:
Mayor and City Council
Anne Norris, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Park System Master Plan and Becker Park Master Plan
The City of Crystal has a long history of offering park and recreation facilities that meet the
needs of the community. Forty plus years ago, the city provided numerous warming houses,
tennis courts, hockey rinks, softball fields and other amenities to the public. This was a time
when the city was growing and funding availability was greater. There was a larger staff
compliment, so buildings were open more often and the ability to keep-up with infrastructure
maintenance was more manageable. We are now at a place where much of the infrastructure
is aging; and repair and maintenance needs are more frequent. Demands have changed and
community needs are different than they were 40 years ago. Upgrades to the system are
needed; but the absence of a plan or list of projects to choose from has made selection of PIR
projects difficult.
Last winter, a master planning process began to develop a vision for the future of Crystal’s
Parks, including a plan for Becker Park. The goal is to develop a master plan to better meet
the needs of the community today and into the future. The project began by looking at current
use patterns, having discussions with the public, reviewing ideas with the Park and Recreation
Commission, and comparing to national metrics. While some new types of facilities are
proposed, much of the plan looks at ways to make existing parks more usable and
maintenance friendly – and in several cases reducing facilities. The plan proposes locating
larger draw amenities in community parks where parking is more readily available. However,
the plan also proposes removing maintenance intensive amenities that are currently located in
some of the neighborhood parks. An example of one outcome could be the reduction of
heated park buildings from the 10 we have had to 5 in the new plan.
The intent is to develop a vision for the next 20 + years; that includes a variety of amenity
options with estimated project costs. The plan will include more projects than can be funded
right away - in an attempt to keep options open into the future. Once complete, the plan and
list of proposed amenities will create a greater ability to select worthwhile projects during the
budgeting process, where final priorities will be determined.
2
An update on the park system master plan and Becker Park master plan was provided to the
City Council on April 19; with the larger parks being viewed during the city bus tour on May 11.
Concept boards for the larger parks were provided on the tour and are attached as
‘Attachment 1’. These boards were also discussed with residents at public events and
neighborhood meetings this spring. The plans have been updated and refined several times
based on additional input received, and the latest drawings are attached as ‘Attachment 2’.
Please note that these are still concept drawings and no detailed design work has been
completed to date. The drawings are intended to indicate how amenities could fit together in a
particular park if or when the council chooses to move forward with each part of the project.
Detailed design work and construction documents, including exact location of amenities, would
be developed when funding is secured.
At the work session on July 13, staff will present information on the master plan, including:
Background information
Planning process to date
Thoughts and ideas currently contained in the master plan
How maintenance relates to park development
Future steps in the planning process
Staff will be seeking input on the ideas presented in the master plan as we move into writing
text and completing the plans. Below are some specific thoughts to consider as we look at
ways to improve park usability and maintenance efficiency over the next 20 + years.
Remove Welcome Avenue through Welcome Park
Remove restroom buildings at all neighborhood parks – possibly replace with picnic
shelters.
Replace buildings in community parks with indoor rental space and restrooms that are
open more often.
Remove hockey rinks/boards from neighborhood parks - focus them in community
parks.
Remove all overhead sport field/rink lighting from neighborhood parks
Install energy efficient overhead lights on at least one sport field of each type - in
community parks (baseball, softball, soccer/lacrosse, etc.).
Reduce number of softball fields and increase number of rectangle fields.
Remove softball fields at Becker Park to increase general community use.
Remove large performance building at Becker Park – replace with smaller, more
functional building with indoor rental space and restrooms that are open more often.
Create a more functional performance area at Becker Park.
Add ice skating at Becker Park.
Add a ‘kid friendly’ water fountain/water feature at Becker Park.
Create a larger accessible play structure at Becker Park.
Add outdoor Pickleball at one location
Concentrate tennis at one location
Planning Process to Date
Inventory of Existing Amenities
Public Engagement
Focus Group Meetings
On-line Dialogue (MySidewalk)
Public Open House
Comparison to National Standards
Classification of Parks -to Guide Location
Neighborhood Parks
13 Parks Throughout the City
Preliminary thoughts for these parks . . .
Would Have:
Play Area
Paved Courts
Basketball Hoop
Foursquare
Etc.
Open Spaces for Free Play
May Have:
Picnic Area / Small Picnic Shelter
Backstop
Small / Medium Soccer Field
Would Not Have:
Large parking areas
Large Sport Fields
4-Season Buildings
Crystal Park System Master Plan
Creatfng a Vision for the Future . . .
Additfonal informatfon can be found on our web site at:
crystalmn.gov/parksmasterplan.php
Questfons or comments can be sent to our e -mail address at:
crystal.recreation@crystalmn.gov
Focus Groups
Active Older Adults
Mom’s Group
Soccer
Baseball
Community Ed. / YMCA
School District
Cross-Country
Lacrosse
Community Parks (4)
MAC Park
Passive
(8)
Neighborhood
(13)
Community
(4)
Destination
(2)
Little to no development
Small park within a 10-minute walk
Large Recreation Facilities
Specialized Facilities
Classification of Parks
Helps Guide Amenity Location
Comparison to National Standards
Sports
Amenities
Current
Inventory
Minimum
Standard
Proposed
Number
Add /
Remove
Baseball (3-4 acres)5 4 4 -1
Softball (3 acres)7 3 3 -4
Rectangle (2 acres)2 4 4 +2
Basketball (2 net)14 4 5 -9
Tennis Court 7 5 6 -1
Pickleball 0 n/a 6 +6
Hockey Rink 6 2 4 -2
Sliding Hill 2 n/a 2 0
Warming House 8 n/a 0 -8
‘Rentable’ Bldg.0 n/a 4 +4
Lions Valley Place Park
Community Park
Preliminary thoughts for the park . . .
Softball Field
Field Lightfng
Outiield Fence
Play Area
Picnic Area / Picnic Shelters
Restrooms (open more often)
4-Season Building
Ice Skatfng
Sliding Hill
Paved Courts
Basketball
Pickleball
Tennis
North Lions Park
Community Park
Preliminary thoughts for the park . . .
Full-Sized Field for Soccer, etc.
Field Lightfng
Potentfal for artfficial turf
Play Area
Picnic Area / Picnic Shelters
Restrooms (open more often)
4-Season Building
Ice Skatfng
Improved /Relocated Sliding Hill
Paved Courts
Basketball
Pickleball
Tennis
Other Courts
Volleyball
Sepak Takraw
ATTACHMENT 1a
Becker Park
Destfnatfon Park
Preliminary thoughts for the park . . .
Destfnatfon Play Area
Kid-friendly water features / fountains
Great Lawn / Performance Area
Plaza for markets, fairs, etc
Restrooms (open more often)
4-Season Building
Ice Skatfng (potentfal for refrigeratfon)
Paved Courts
Basketball
Tennis
Pickleball
Lighted Trails with Benches
Welcome Park
Community Park
Preliminary thoughts for the park . . .
Remove Road that Divides Park
Softball Field (NE Corner)
Field Lightfng
Outiield Fence
Softball Field (NW Corner)
No Field Lightfng
No Outiield Fence
Full-Sized Field for Soccer, etc.
Play Area
Restrooms (open more often)
4-Season Building
Ice Skatfng
Paved Courts
Basketball
Bassett Creek Park
Community Park
Preliminary thoughts for the park . . .
Baseball Field
Field Lightfng
2 Full-Sized Fields for Soccer, etc.
Play Area
Picnic Area / Picnic Shelters
Restrooms (open more often)
4-Season Building
Disc Golf
Dog Park
Paved Courts
Basketball
Other Courts
Sand Volleyball
Lighted Trails with Benches
ATTACHMENT 1b
29th Ave N
29th Pl N
H
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1
0
0
65 STALLS
W
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PLAY AREA
• Existing play equipment
• New play equipment
PICNIC
SHELTER
PICNIC
SHELTER
SAND
VOLLEYBALL
IMPROVEMENTS
BALLFIELD
• Includes lighting
• Access and spectator
improvements
EXISTING POND
• Overlook areas
• Fishing opportunity
DOUBLE MULTI-PURPOSE FIELD
(SOCCER/LACROSSE/FOOTBALL)
• 380’ x 540’
• Accommodates two full size fields (360’ x 225’)
108 STALLS
43 STALLS
BASKETBALL
COURT
PICNIC
SHELTER
DOG
PARK
SMALL
DOG
PARK
36 STALLS
Br
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s
w
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k
A
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N
Do
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l
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s
D
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DISC GOLF
COURSE
PARK BUILDING
• Restrooms
• Concessions area
• Picnic shelter
• Multipurpose room
• Seating areas
BASSETT CREEK PARK
Crystal, Minnesota
06/26/2017 | 01726-020
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 541-4800 | wsbeng.com
Master Plan
0 200100
North
Graphic Scale
Attachment 2a
MULTI-PURPOSE
BALLFIELD
• 300’ to outfield fence
CONCESSION BUILDING
• Includes restrooms and warming
house/multipurpose space
• Picnic areas
LEISURE SKATING
HOCKEY RINKS
• New Dasher Boards
• Lighting
83 STALLS
PLAY AREA
SLEDDING HILL
58 STALLS
TENNIS COURTS
• 6 court arrangement
BASKETBALL
COURT
PICNIC SHELTER WITH
PICNIC PADS
PICNIC
SHELTER
ENTRANCE
PICNIC
SHELTER
LION’S VALLEY PARK
Crystal, Minnesota
06/26/2017 | 01726-020
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 541-4800 | wsbeng.com
Master Plan 0 8040
Graphic Scale
North
Attachment 2b
MULTI-PURPOSE FIELD
(SOCCER/LACROSSE/FOOTBALL)
• Accommodates one full size field (360’ x 225’)
• Lights BASKETBALL
COURT
SEPAK
TAKRAW
LEISURE SKATE SLEDDING
HILL
EXISTING
POND
PICNIC
SHELTER
TRAIL ENTRANCE
FROM NEIGHBORHOOD
SHELTER
• Includes restrooms
• Warming house/meeting rooms
• Picnic tables
PICNIC SHELTER
PLAY
AREA
ON-STREET
PARKING
32 STALLS
35
STALLS
HOCKEY
• Lights
• Dasher boards
PICKLEBALL
COURTS
• Up to 8 courts
62nd Ave N
61st Ave N
Lo
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A
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J
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s
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A
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N
H
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p
s
h
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A
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ON-STREET PARKING
NORTH LION’S PARK
Crystal, Minnesota
06/26/2017 | 01726-020
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 541-4800 | wsbeng.com
Master Plan 0 8040
Graphic Scale
North
Attachment 2c
MULTI-PURPOSE
BALLFIELD
• 300’ to outfield fence
• Includes lighting
MULTI-PURPOSE
BALLFIELD
•Infield and spectator
area only
54 STALLS
MULTI-PURPOSE
FIELD
• Accommodates one full
size field (360’ x 225’)
Park Building
• Warming house/Multipurpose Room
• Concession area
PLAY
AREA
ON-STREET PARKING
BASKETBALL COURT
LEISURE
SKATE AREA
HOCKEY RINK
• Dasher boards
• Lighting
PICNIC TABLE
PAD
PICNIC
SHELTER
47th Ave N
Xe
n
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a
A
v
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N
46th Ave N
WELCOME PARK
Crystal, Minnesota
06/26/2017 | 01726-020
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 541-4800 | wsbeng.com
Master Plan 0 8040
Graphic Scale
North
Attachment 2d
98 STALLS
PLAY AREA
53 STALLS
S
h
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b
u
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n
e
A
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PARK BUILDINGS
• Warming house
• Rentals
• Concessions
• Restrooms
• Multipurpose room
STORAGE/ MAINTENANCE BUILDING
MULTI-PURPOSE LAWN
• Sub-surface storm water storage system
ELEVATED PLAZA
• Seating
• Elevated trail
ENTRY PLAZA
• Seating
• Interactive fountain
• Entry features
PLAZA/SEATING
PICNIC SHELTER
PERFORMANCE
PLAZA
PARK
ENTRY
NODE
PARK
ENTRY
NODE
PARK
ENTRY
NODE
BASKETBALL
COURT
SEATING
55th Ave N
Bass Lake Rd
B
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t
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a
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B
l
v
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MONUMENT SIGN
PLAZA/SKATING AREA
• Canopy/Shade
• Farmers market
• Refrigerated skating rink
1 3 4
2
BECKER PARK
Crystal, Minnesota
06/16/2017 | 01726-020
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 541-4800 | wsbeng.com
Master Plan 0 8040
Graphic Scale
North
Attachment 2e
1
3 4
2
BECKER PARK
Masterplan
Crystal, Minnesota
06/16/2017 | 01726-020
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
(763) 541-4800 | wsbeng.com
Attachment 2f